著者

竹内 桂

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.54, no.1, pp.121, 2018 (Released:2018-07-14)

著者

上岡 敦

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.52, no.1, pp.1-18, 2016-02-25 (Released:2017-11-01)

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The purpose of this paper is to classify the legislative processes of the enactment and the amendment of the Diet acts during the period from 1947 to 1949. According to the findings done by the political science study group of the Diet, the Japanese Diet has played a certain role in their functions. However, these research findings are based on a concentrated discussion of the premises for the institutions. They have never clarified the following two questions: How was the system formed? Why was the system chosen? They simply focus of this study is to clarify the following two questions: What is the purpose of the Diet system? What is the expected function of the Diet? Firstly, I have tried to overview the enactment process of the Diet act. At this stage, the various influential actors were performing. In particular, Japanese Government was trying to draft the Diet acts of the both Houses which were not desirable for the GHQ. Secondly, I have tried to overview the enactment process of the Diet act. It was characteristic that the Diet acts in those days were enacted by the negotiations with GHQ and the House of Representatives. This process was affected by the parliamentary reform of the Imperial Diet era. Thirdly, I have tried to overview the amendment process of the Diet act during eh occupation era. The major revision was a transformation of the organizational structure of committee. However, most of the amendments of the Diet acts during the occupation period were of the practical procedures. Therefore, the fundamental basis of the Diet system has never been changed.

著者

樋口 雄人

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.35, no.2, pp.85-93, 1999-05-15 (Released:2017-11-01)

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Ce petit article a pour objet l'idee de souverainete de Pierre Paul Royer-Collard, theoricien liberal francais (1763-1845). En traitant ce sujet, j'ai essaye de demontrer l'effort d'un liberal pour l'etablissement d'une theorie liberale de la souverainete en faveur des libertes modernes crees et consacrees par la Revolution francaise. Le discours de Royer-Collard sur la souverainete est fort influence par sa preoccupation de limiter ler pouvoir du gouvernement. Il repudie la notion de souverainete signifiant le pouvoir absolu et illimite de l'Etat, inauguree pare Hobbes et developpee par Rousseau. A son avis, elle ne sert que de pretexte aux gouvernants pour empieter sur les libertes des gouvernes. Donc la souverainete du peuple et celle du roi doit etre ecartees l'une et l'autre, parce qu'elles partagent l'idee absoutste de souverainete en se disputant la possession du pouvoir souverain. A cette idee doit etre substituee ≪la souverainete de la raison≫, principle qui peut regir ou limiter l'exercice du pouvoir gouvernemental. Ce faisant, Royer-Collard veut apporter une contribution theorique a la moderation du pouvoir politique au benefice des libertes civiles.

著者

松井 丈晴

出版者

日本法政学会

雑誌

法政論叢

巻号頁・発行日

vol.53, no.1, 2017

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Flat-rate overtime pay is a hotbed of problems as it consists of putting in long hours with little pay.The trouble arising from flat-rate overtime pay is increasing yearly.Recently, there have been a few precedents of court cases surrounding the flat-rate overtime payments to people working in excess of the monthly time limit of 45 hours.To be effective flat-rate overtime payments require the agreement of both labor and management.In connection to this, this paper has been written based on Justice Sakurai of the Supreme Court's supporting opinion in the Tec Japan case.

著者

久保田 哲

出版者

日本法政学会

雑誌

法政論叢 (ISSN:24321559)

巻号頁・発行日

vol.52, no.1, pp.35-52, 2016-02-25 (Released:2017-11-01)

著者

瀧川 修吾

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.42, no.2, pp.19-30, 2006

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As is generally known, Japan after Meiji Restoration chosed the expansionism to the nearby Asian countries. Before then, "strategies of Japan in Asia" (The prospects that Japan should launch out into adapting to the new international order with a great ambition) and "Seikan-ron" (Political argument that Japan should gain dominance over Korea in a historical cause) had already existed. However, I think that the relation between both was not one that "strategies of Japan in Asia" was actualized to "Seikan-ron". Many Japanese at the end of Tokugawa shogunate had some kinds of Chauvi-nism-view. "Antiforeign imperialism" is given as the most general form of them. They are assumed to have been cultivated by the neo-Confucianism and Japanese classical literature, and to be classified into "Japanese Sinocentrism" and "ethnic discrimination against the Korean", and so on. So, in this article, I have examined these Chauvinism-views, and clarified the differences between "strategies of Japan in Asia" and "Seikan-ron". In short, "strategies of Japan in Asia" was a minority opinion under the situation in which the majority of Japanese Chauvinism-views were targeted on the great powers in terms of antiforeign imperialism. Therefore, the opinion had to be frustrated when "controversy of isolation or opening the country to the world" became heated. And to escape from this controversy, "Seikan-ron" was formed by a political thinking.

著者

根本 治子

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.43, no.2, pp.39-51, 2007

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Although the environment of care should be improved by laws, such as 'Pflegeversicherung' and 'Low of Prevention of Elder-Abuse,' murder cases relating to care, on the contrary, have been increasing all over the entire country. The examination of these murder cases shows that there would have been a bighpossibility to have prevented them if the medical staff and the welfare staff had cooperated closely with each other. The role of 'the special member,' who supports care, is very important from the point of view that his/her judgment is deeply concerned with the life of the family who cares for older family members. And the role of the family is also important at the place of medical treatment and welfare. The family itself should realize that the subject of care is a family member, and more attention should be paid on how medical treatment and welfare can support the family. On the other hand, in many trials, the public prosecutor and the lawyer argueonly about what kind of sentence should be given to the defendant, without investigating the background and the true nature of the incident: why the family caretaker has committed homicide. This paper examines the importance of cooperation at the actual care site between the persons concerned in the field of medical treatment and welfare, and the Administration of Justice, focusing on the trial of the murder case which is relating to care, where the writer has attended.

著者

記載無し 荒木 義修 太田 博

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.41, no.1, pp.101-158, 2004-11-15

著者

小泉 憲和

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.41, no.2, pp.212-219, 2005-05-15

著者

高澤 弘明

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.52, no.1, pp.155-167, 2016-02-25

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When Arasuke Sone, the Chief Secretary of the House of Representatives, announced that the fire that destroyed the Imperial Diet Building on January 20, 1891 was caused by an electric circuit short. The electricity supplier, Tokyo Dento (Tokyo Electric Light Company), filed a civil action against Sone in the Tokyo District Court in order to seek a correction of his announcement. The Yamagata Cabinet regarded this suit case as an administrative one, and intended, depending on the cabinet decision, to give to the court an order that the court should reject the case on the grounds that it lay outside the court's jurisdiction. Akiyoshi Yamada, Minister of Justice, alone dissented from this motion. He submitted, however, a written opinion arguing that the position of the cabinet should be proclaimed in court in accordance with due process under the Code of Civil Procedure at the time. While Yamada's opinion was consequently adopted, this in a sense prevented executive interference in the judiciary and differed sharply from Yamada's response to the Otsu incident (a failed assassination attempt on the then Tsesarevich of Russia on Japanese soil) four months later. In this paper, I examine Yamada's view of the independence of the judiciary through the lens of the Diet Building fire shortly before the Otsu incident.

著者

福永 英雄

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.48, no.1, pp.60-76, 2011

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The main purpose of this paper is to extend the 'environmental control theory'. Before we set about this kind of task, we need to ask and answer clearly this question: what is the true meaning of the concept 'positivism'? Most people are apt to think that 'positivism' means 'reports of facts found', and that the more trivial facts are reported, the better the paper (or the report) is. But that is a simple misunderstanding. The true meaning of 'positivism' in sciences is to prove the validity of a general theory, and, needless to say, general theories proved can be useful because they are generally valid. I insist that 'environmental control' is one of the most important perspectives for the purpose of general political theorization. Originally, Gilles Deleuze's "On the Controlled Society" [1990] was the beginning of 'the environmental control theories'. From then on, for example, Maurizio Lazzarato especially his La politica dell'evento [2004], Lawrence Lessig, especially his CODE Version 2.0 [2006], and Hiroki Azuma especially his The Theories on Informational Environment [2007]), have established 'the environmental control theories'. In this paper, firstly I review the history of 'the environmental control theories', secondly I try to mix 'Tadao Umesao's theory on civilization' an d 'risk and law theories' with 'the environmental control theories', and thirdly I propose 'the seven real modes of the environmental control'. At the end of this paper, I describe a brief vision and a brief strategy for the 'environmentally controlled world'.

著者

和田 幸司

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.49, no.1, pp.162-186, 2012

著者

和田 幸司

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.50, no.2, pp.14-46, 2014

著者

倉山 満

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.50, no.1, 2013

著者

山形 勝義

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.45, no.2, pp.1-13, 2009-05-15

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In modern society, to be informed about the acts of government and to participate in politics has become a world trend. In recent years, this trend has even reached previously socialistic countries and developing countries. The biggest factor regarding Freedom of Information Acts in the three examined Asian countries was the breakdown of the autocratic system, that is to say, the transition to a democratic system. This paper demonstrates commonalities in the processes of Freedom of Information Acts (between developing countries and advanced countries) on the basis of similarities of Freedom of Information Acts adopted in three Asian countries in conjunction with the breakdown of existing autocratic systems. I will also report on the background and factors involved.

著者

堀田 みゆき

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.33, pp.154-161, 1997

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The present thesis covers a case study on the relation between unmarrried cohabitation and marrige in Sweden, taking various legal aspects into account. In recent many western countries we can see the contemporary phenomenon of living together without gettin married. Especially in Sweden, it became more common for children to be born outside legal marriage. And today mostly all married couples have lived together as unmarried persons for some period before getting married. "Do people avoid marrying with some intention ?" or "Don't people care if they married or not when they form the family?" And then I performed researches on it by in-depth interviews in Stockholm and Halsingland of Sweden during March to May 1993. The total sample of couples consists of 21 cohabiting couples, 3 cohabiting couples with the fixed marriage date and 10 newly marride couples. 9 out of 24 cohabiting couples and 8 out of 10 married couples have 1-3 children. In Swedish society there is no longer any discrimination to children outside marriage even on peoples consciousness. In most cases the differences in their acutual life between legally married and unmarried are very few. As long as they lead their life as unmarried cohabiting couples, however, they could't get the right of succession to partners property but the right of property division by the cohabitees sct (sambalagen). Moreover, it is mostly impossible to take either of their family nam, e as the only family name. Then couples with children can't have the same family name as one family. The formal condition of marriage in Sweden is holding a wedding. the wedding is celebrated with festivities and today the wedding contains the meaning of confirmation rather than a rite of passage.

著者

板橋 亮平

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.45, no.1, pp.103-124, 2008-11-15

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The purpose of this paper is to clarify the different views in Rawls's The Law of Peoples from Kant's Perpetual Peace. The reason why I write this paper is that Rawls says The Law of Peoples depends on Kant's Perpetual Peace and he himself doesn't indicate the different points. First, by comparing the international law with the law of peoples, I demonstrate that there are different points as to the theoretical construction between them. Secondly, I indicate that there is a different stance as to self-defense of war between them. Thirdly, I maintain that the political that Rawls thinks of is different from the political that Kant states. Fourthly, I emphasize that the relation the international law supposes is different from the relation the law of peoples supposes.

著者

板橋 亮平

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.42, no.2, pp.164-177, 2006-05-15

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The purpose of this paper is to demonstrate how possible political consensus is given a fact of pluralism of comprehensive doctrines, good and values. Firstly I indicate that Rawlsian political conception of justice is not constructed from the historical or religious background or the inherent logic but that the conception is transcendental. Secondly I maintain that the political conception of justice is derived not from the comprehensive doctrines or moral values but from a moral Kantian conception of free and equal citizens or persons. Thirdly I make it clear that the political conception of justice based on tha moral Kantian conception does not destroy pluralism of comprehensive values but makes the reasonable overlapping consensus possible, while unreasonable values or doctrines independently of the overlapping consensus enjoy the liberties.

著者

板橋 亮平

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.44, no.1, pp.154-183, 2007-11-15

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The purpose of this paper is to distinguish "limited liberalism" which has the political notion that the political conception or principle of justice is established independently of comprehensive doctrines or one's own good as self-determined value from "comprehensive liberalism" which has the political thought that the political conception or principle of justice is formed based on the logic or the substance of the comprehensive doctrines or the cultural identity. By doing this I maintain that the latter rawlsian liberalism contains both limited liberalism and comprehensive liberalism which are incompatible with each other. And as a whole I indicate that a mixture of two kinds of liberalism is also inherent in the former rawlsian liberalism. This demonstration makes the general view that Rawls is a covert who abandons the former rawlsian liberalism and adopts the latter rawlsian liberalism cause a misunderstanding. Firstly I emphasize an ingenious idea of Rawls's own which distinguishes the essential definition of justice from the substance of justice differently from the others who construct the theory of classical social contract. Secondly, however, on the other hand, I indicate that the essential definition of justice is diluted and that the logic of the substance of justice is emphasized by using the theoretical device of reflective equilibrium. Thirdly I dinstiguish the reasonable pluralism from the pluralism. I demonstrate that the reasonable pluralism as a normative conception can be realized after the latter that the comprehensive doctrines is incompatible with one another is relieved. And I maintain that this resolution also contains both limited liberalism and comprehensive liberalism and that in this point the former rawlsian liberalism is identical with the latter rawlsian liberalism.

著者

大里 坦

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.23, pp.42-57, 1987

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It goes without saying that the freedom of speech and expression are secured in our country, it is deserved claim that we can freely conduct election under parliamentary democratic government. Nevertheless there are various complicated regulations in the Public Office Election Law of our country for a just cause of realization of impartial and orderly election and establishment of sound parliamentary democratic government, therefore the violators are to be punished. However the content of the regulations of the Public Office Electian Law concerning an election campaing dosen't necessarily coincide with public opinion, and what is worse it can be said that it has some regulations that are unfavourable to the voters, though it is generous to both the candidates and the campaingners by a close investigation of the content of regulations and punishment of it. In this paper for the illustration of the fact mentioned above we chose the 142th article of the Public Office Election Law to verify every problems in it from the constitutional point of view.