著者
住吉 雅美
出版者
日本法哲学会
雑誌
法哲学年報 (ISSN:03872890)
巻号頁・発行日
vol.2003, pp.109-120,232, 2004-10-20 (Released:2008-11-17)
参考文献数
10

In this article, I argue that we should abandon the dualism of gender, male/female, and that we must recognize that gender is gradational. By so doing, it may benefit many sexual minorities (for example, homosexuals, transgenders, intersexuals, etc.) who are oppressed by the dualism of gender and hegemonic heterosexuality. A plan of this article is as follows: 1. I inquire into the causes of the dualism of gender and hegemonic heterosexuality in modern society. I deal with the causes as follows: (1) modern patriarchy and capitalism, (2) marriage system as means of reproduction, (3) restraints on our daily performance by gender, and so on. 2. I consider a theoretical framework for the reduction of that hegemony including: (1) identitypolitics, (2)“gender-performativity” (by J.Butler), (3) criticism of homophobia, (4) queer theory, and so on. 3. I consider the extent to which we can trust administration and legislation to construct “a sexually free society”. In conclusion, I argue that legal intervention in sexualities should be avoided as much as possible, and that sexual identity should be left to each individual.
著者
谷口 功一
出版者
日本法哲学会
雑誌
法哲学年報 (ISSN:03872890)
巻号頁・発行日
vol.2003, pp.212-220,226, 2004-10-20 (Released:2008-11-17)
参考文献数
20

On the 10th of July 2003, a bill cleared the Japanese Diet and was promulgated six days later ironically under the name and with the seal of the Emperor which is often said to represent the ‘patriarchal symbolic system’ of Japan. In defiance of the long-accepted idea that Parliament “can do everything except make a woman a man, or a man a woman”, this law enabled people with ‘gender identity disorder’ to legally change the sex registration on the family register (koseki). In this article we offer a brief description of this legislative process and a certain normative argument on it. Firstly, we examine the very concept of transgender, transsexual and gender identity disorder from medical and sociological viewpoints. In addition, the history and environment surrounding transgender in Japan is outlined here. Secondly, we take a look at the legislative process itself on its two phases formal and informal. The formal phase is concerned with the public/visible procedures mainly in the Diet, and the informal one with the ruling party's internal/nvisible examination. Standing on these analyses based on social and political reality, we go further to examine the contents of this law. Compared with similar laws in such countries as Sweden, Germany, Italy…, this new Japanese legislation is more severely termed, notably in that only people without children are allowed to change their registered sex. At the same time, the law contains a proviso that it is to be reviewed and opened to revision in 2007 (three years after its enforcement). Though legal philosophers have traditionally paid less attention both theoretically and practically to legislature than to judiciary, this epoch-making legislation and its process in Japan seem to offer us a meaningful insight into the former.
著者
住吉 雅美
出版者
日本法哲学会
雑誌
法哲学年報 (ISSN:03872890)
巻号頁・発行日
vol.2003, pp.1-6,236, 2004-10-20 (Released:2008-11-17)

The Annual Meeting of Legal Philosophy 2003 under the title of “GENDER, SEXUALITY AND THE LAW” was held under the auspices of The Japan Association of Legal Philosophy (JALP), in Tokyo, on November, 21-22, 2003. Issues of this meeting were as follows: 1. From a standpoint of feminism, scholars try to criticize and reexamine the main subjects of legal philosophy (especially justice and rights), and the basic structure and fundamentals of orthodox legal theory. Furthermore, we try to find gender-bias in theories, and to restructure the political and social system. 2. Legal philosphers do not only reply to feminists' criticism of theories of justice, rights and liberalism, but also present their generous intellect which is tolerant of criticism. 3. Scholars both examine anti-feminist critiques that have occured from the margins of the feminism-debate, inspired by postmodern philosophies, and investigate the movements of feminism's self-innovation. We also try to criticize the dualism of gender and hegemonic heterosexuality, and to deconstruct identities (including the definition of ‘woman’) that are oppressive. We hope that this will lead to the recognition of diversified sexualities.
著者
矢崎 光圀
出版者
日本法哲学会
雑誌
法哲学年報 (ISSN:03872890)
巻号頁・発行日
vol.1962, pp.63-113, 1963-04-20 (Released:2009-02-12)
参考文献数
96
著者
佐藤 節子
出版者
日本法哲学会
雑誌
法哲学年報 (ISSN:03872890)
巻号頁・発行日
vol.1977, pp.17-51, 1978-11-20 (Released:2008-11-17)
参考文献数
58
著者
愛敬 浩二
出版者
THE JAPAN ASSOCIATION OF LEGAL PHILOSOPHY
雑誌
法哲学年報 (ISSN:03872890)
巻号頁・発行日
vol.2004, pp.76-87,203, 2005

Libertarianism is not so popular among the constitutional lawyers in Japan. There are some reasons for that situation, but one of the most important reasons is that Japanese Constitution is, both in content and in its historical background, not suitable for the ideology of libertarianism. So under the constitution like that, libertarianism could hardly prevail, and there is no need for constitutional lawyers to take it seriously.<br> But this story is too simple. If libertarianism is not the vindication of "laissez-faire" capitalism, but the diehard claim for liberty of private life of individuals, then constitutional lawyers should not make light of the critical stance of libertarians to the paternalistic regulation of the government. Especially in Japan, constitutional theory of "double standard dependent on the aim of regulation" allows the government very wide range of paternalistic regulation on economic freedom. Japanese constitutional lawyers could learn much from the libertarian criticism of that theory.<br> But the problem of libertarian criticism is that they don't pay due attention to democracy. So taking libertarianism more seriously, we, Japanese constitutional lawyers, should come to think much about democracy, and I think it's good for us.
著者
上柳 克郎
出版者
日本法哲学会
雑誌
法哲学年報 (ISSN:03872890)
巻号頁・発行日
vol.1979, pp.43-60, 1980-10-30 (Released:2008-11-17)
参考文献数
26
著者
八木 鉄男
出版者
日本法哲学会
雑誌
法哲学年報 (ISSN:03872890)
巻号頁・発行日
vol.1978, pp.1-27, 1979-10-15 (Released:2008-11-17)
参考文献数
58