著者

岩下 幹夫

出版者

関西学院大学

雑誌

総合政策研究 (ISSN:1341996X)

巻号頁・発行日

vol.18, pp.131-145, 2005-01-31

---

Nobusihige Hozumi (1856-1926) was largely influenced by Schopenhauer's principles of legal theories in his understanding of law. In his theories of legal evolution Hozumi found a basis for marriage, which was the social origin, in Schopenhauer's philosophy. Hozumi also stipulated that transcendental basic laws, which would become legal theories of evolution, would become compassion. Furthermore, Hozumi, just as Schopenhauer did, followed Schopenhauer in his elucidation of legal theories which progressed from revenge to punishment to justice and to compassion (Mitleid), that is loving compassion. Hozumi believed that Schopenhauer's philosophy was the foundation for his legal theories of evolution. And his aim was to maximize the practicality and realization of justice and human love. Along the line of accepting Schopenhauer's philosophy the aim of this paper is to crystallize the foundation of Schopenhauer's thought behind legal theories of evolution. It is also noted that attempts are made to look into a possibility of acceptance and the outcome of Schopenhauer's philosophy in contemporary Japan's legal theories (in legal science and legal philosophy).

著者

額田 康子 山中 速人 Yasuko Nukata Hayato Yamanaka

雑誌

総合政策研究 (ISSN:1341996X)

巻号頁・発行日

no.47, pp.17-35, 2014-09-20

著者

宮崎 康支 Yasushi Miyazaki

雑誌

総合政策研究 (ISSN:1341996X)

巻号頁・発行日

no.52, pp.53-67, 2016-09-20

著者

堀 郁 Iku Hori

雑誌

総合政策研究 (ISSN:1341996X)

巻号頁・発行日

no.45, pp.11-20, 2014-02-20

著者

ヘファナン ケビン Kevin Heffernan

雑誌

総合政策研究 (ISSN:1341996X)

巻号頁・発行日

no.41, pp.157-163, 2012-10-30

著者

松野 良一

出版者

中央大学総合政策学部

雑誌

総合政策研究 (ISSN:13417827)

巻号頁・発行日

no.24, pp.47-70, 2016-03

---

The Taipei 228 Memorial Museum was originally a radio station called the " Taipei Broadcasting Corporation" in prewar times. During the 228 Incident, civilians occupied this building and used it to broadcast rallying cries around Taiwan. I visited this museum in September 2012 on unrelated research. There, I noticed a Chuo University cap on display. What relationship did Chuo University have with the 228 Incident? Actually, among those who were executed or went missing during the 228 Incident, there were many Taiwanese elites who had studied at Japanese universities. People who had studied at not only Chuo University but also the University of Tokyo,Waseda University, Nihon University, and other universities, and became lawyers and doctors on their return to Taiwan, were executed as dissidents who were deemed to have been poisoned by Japanese imperialistic education. After seeing the cap, me and my students started the project, the "228 Incident in Taiwan and the Chuo Graduates"; we gathered testimonies from eight victims' families. This article outlines the testimonies and shows the attitudinal changes of students who engaged in the project. Almost all of the students acquired new perspectives on Japanese–Taiwanese historical issues and meanings and agree that there is a good reason why most Taiwanese are pro-Japanese.

著者

奥田 智喜 Tomoyoshi Okuda

雑誌

総合政策研究 (ISSN:1341996X)

巻号頁・発行日

no.40, pp.159-160, 2012-04-30

著者

ZION Mark N.

出版者

中央大学総合政策学部

雑誌

総合政策研究 (ISSN:13417827)

巻号頁・発行日

no.21, pp.81-108, 2013-03

---

When presenting the fundamental beliefs of Christianity to students in Asia, the question is: Where to begin? "Begin with Jesus of Nazareth" is the common answer. Yet, was Jesus of Nazareth the founder of Christianity? In reality, Christianity began from one person's formal letters, Paul of Tarsus (c. 5-67 CE). Through these letters, addressed to various Christ communities around the Roman Empire, we encounter an extraordinary consciousness, one of the great figures of Western civilization and arguably the most influential. These letters show not only Paul's complicated personality but also a complicated social-historical context: the mixtures of ethnic groups in the Eastern Mediterranean of the first-century CE. Paul's letters ignited the most far-reaching social experimentation the world has known. But why would Paul, a Jew in the Diaspora, insist that his religion of Judaism transcend its ethnic boundaries? In this article, I will review a little of these extraordinary letters, with a short biographical sketch, before highlighting two of Paul's permanent contributions to Western religious consciousness: 1) the belief that Jesus of Nazareth's death and resurrection were experientially redemptive; 2) the belief that the Christ congregations were the New Israel. Why Paul articulated these ideas can only be hinted at.

著者

ZION Mark N.

出版者

中央大学総合政策学部

雑誌

総合政策研究 (ISSN:13417827)

巻号頁・発行日

no.24, pp.1-34, 2016-03

---

"Sabbatianism" is a movement named after Sabbatai Tzvi (1626-1676), a Jew of the Ottoman Empire. This movement, for all exposed to it, turned the world upside down. Scholars have called it a "transvaluation" within Jewish culture (Scholem 1973:685), meaning it spun accepted norms on their heads in ways that ultimately led to extreme expressions: A place where the violation of the sacred became a sacred duty. Sabbatianism repels as much as it attracts because it speaks to something deep within the human psyche: that fine line in consciousness between the sacred and profane, the moral and immoral, religious devotion and antinomianism, truth and imagination, meaning and nihilism. Sabbatianism developed independently of other messianic movements in Western monotheism, all of which tend to follow remarkably similar patters: Populace movements that forge revolutionary ideas destructive of the religious status quo. For Sabbatians vitality became sacred (Alter 1987:25), so the movement is only different in kind from certain social, artistic, and aesthetic movements, even without Messiahs, that teach the world to see through new eyes, however much the world may squirm over this. All messianic movements attempt to bridge the gap between humanity and the Divine (Davies 1987:80) and while Sabbatianism has also attempted this, it still presents riddles that have yet to be deciphered. I will touch here on a few of its revolutionary features.

著者

ZION Mark N.

出版者

中央大学総合政策学部

雑誌

総合政策研究 (ISSN:13417827)

巻号頁・発行日

no.23, pp.21-50, 2015-03

---

Kabbalah, the culmination of mystical and esoteric traditions that stretch back thousands of years, has recently taken a more central place internationally as a source of spiritual inspiration. Kabbalah is seen today as Judaism's most important gift to world culture. This may show that people, in an age impatient with more difficult material, still want to encounter works that are spiritually and imaginatively on the heights. Kabbalah accepts catastrophe as a fundamental reality of life, not exactly a vision that fosters positive thinking. It also concentrates on the absolute need for human responsibility, not a very comforting message for those looking for easy answers (and Kabbalah does not yield its secrets easily). Kabbalah as we know it today formed from opposing forces within Judaism, between the rational (represented by Aristotle) and the intuitive (represented by Plato), a dialectic that I will touch on. Kabbalistic teachings, however, were not well-known until very recently and in fact went through a two hundred year exile (exile being one of Kabbalah's great themes), banished by rationalists of the Enlightenment, only to be resuscitated by people searching for their traditional roots and by some of the world's most gifted scholars. Here I will give an overview of a few basic teachings from the central works of Kabbalah, with a focus on catastrophe and redemption. Human goodness as a way to heal the world, a cosmic drama in which everyone plays a part, is perhaps Kabbalah's greatest lesson for global civilization.

著者

ZION Mark N.

出版者

中央大学総合政策学部

雑誌

総合政策研究 (ISSN:13417827)

巻号頁・発行日

no.20, pp.137-165, 2012-03

---

ユダヤ教,キリスト教,イスラム教と,どの宗教を見ても明らかなように,私たちは今,新たな宗教復興の時代に生きていると言える.ジャンバッティスタ・ヴィーコ(1668 ― 1744) によれば,文明は神権政治に始まり貴族政治と民主主義を経て再び神権政治の順で循環しているという.彼が正しければ,私達が生きているのは単に宗教的熱狂の時代ではなく,神権政治への回帰過程であるとも言える.そして,もしそうであれば,聖書の持つ意味合いはかつてないほどに重要な色合いを帯びてくることになる.しかし,この時代がヴィーコの仮説通りの過程ではないとしても,私たちが聖書への理解を深めることは極めて重要である.何故なら,いくつもの時代を経てなお人々を魅了し続けて止まない聖書を理解することは,国々の文化や人々の価値観の基盤を理解することにも繋がる大切な作業だからである.ここでは,私が日本の各大学の教壇で聖書を取り上げてきた経験を踏まえて,聖書を学ぶことの原点に立ち返り,モーゼの書が世に送り出されるに至った経緯即ち聖書誕生の原点について考えてみたいと思う.

著者

南 雅彦 Masahiko Minami

出版者

関西学院大学総合政策学部研究会

雑誌

総合政策研究 (ISSN:1341996X)

巻号頁・発行日

no.44, pp.53-83, 2013-07

著者

関根 孝道

出版者

関西学院大学

雑誌

総合政策研究 (ISSN:1341996X)

巻号頁・発行日

vol.16, pp.11-52, 2004-05-25

---

The IUCN Second World Conservation Congress in Amman, Jordan, adopted a Recommendation for the conservation of Okinawa dugongs in October 2000. This is because their critical habitat areas in Henoko offshore Okinawa are to be landfilled for the construction of U. S. seabase facilities in return for the U. S. military airport at Futenma. Since Okinawa dugongs are not only designated as one of Japan's natural monuments but also seriously endangered with the remaining number estimated at the most less than 50, the proposed seabase facilities are determinatively detrimental to the continued existence of Okinawa dugongs. Given the ineffectiveness of Japan's nature conservation laws, the last resort for their protection is to initiate a lawsuit under the U. S. environmental law in their court. This article examines the possibility of extraterritorial application of U. S. environmental laws for the protection of Okinawa dugongs with the conclusion that the National Historic Preservation Act ("NHPA") is most applicable due to the section 402's declaration of its extraterritorial application. In addition, since Okinawa dugongs are listed as an endangered species under the U. S. Endangered Species Act ("ESA"), an ESA lawsuit under its citizen suits provision is prospective and significant as a test case challenging ESA's overseas application.

著者

関根 孝道

出版者

関西学院大学

雑誌

総合政策研究 (ISSN:1341996X)

巻号頁・発行日

vol.28, pp.205-242, 2008-03

---

The day of January 23, 2008, turned out to be a memorable day for Okinawa dugongs. On this day, the Judge Marilyn Hall Patel, U.S. District Court Judge Northern District of California, ruled in favor of Okinawa dugongs in the case that was brought by 3 Okinawa individual residents and 6 Japan/U.S. environmental organizations against the U.S. Department of Defense (hereinafter "DOD") for the purpose of preserving Okinawa dugongs as a Japanese national monument and their habitats in Henoko areas. The court opinion begins with a comprehensive summary of the factual background, a description of the procedural history of the case, and an explanation of the statutes under which plaintiffs bring the case, that is, the National Historic Preservation Act (hereinafter "NHPA") and the Administrative Procedures Act (hereinafter "APA"). The judge then turns to the legal arguments. The legal issues here are divided into three sections: DOD's jurisdictional arguments; applicability of the NHPA; and the merits of the plaintiffs' NHPA claim. First, as for the DOD's jurisdictional arguments, they consist of five distinctive assertions; (1) final agency action, (2) standing, (3) ripeness, (4) act of state, (5) necessary and indispensable party. The judge addresses each of the five arguments that DOD presents for barring the court's review and strikes down all of them with detailed persuasive reasons. Secondly, regarding the applicability of the NHPA to the case, the NHPA imposes on DOD the obligation to "take into account" under sec.402 of the statute. This DOD's obligation is triggered when and where there is a federal undertaking outside the U.S., which may directly and adversely affect a property on the applicable country's equivalent of the National Register. These are issues of first impression for the courts in the context of extraterritorial provision of sec.402. Having decided in support of plaintiffs' arguments with regard to these legal issues, the court concluded that the NHPA is applicable to this case. Finally, the judge examines whether DOD has complied with its obligation under the NHPA to "take into account" the impacts on the dugongs. According to the court, the "take into account" process, at a minimum, must include (1) identification of protected property, (2) generation, collection, consideration, and weighing of information pertaining to how the undertaking will affect the historic property, (3) a determination as to whether there will be adverse effects or not adverse effects, and (4) if necessary, development and evaluation of alternatives or modifications to the undertaking that could avoid or mitigate the adverse effects. As a conclusion, the judge holds: "In sum, the current record reflects a failure by the DOD to comply with NHPA section 402. This failure constitutes agency action that is unreasonably delayed and unlawfully withheld as provided by the APA. Defendants have failed to produce, gather, and consider information necessary for taking into account the effects of the Futenma Replacement Facilities on the Okinawa dugong and for determining whether mitigation or avoidance measures are necessary and possible." Therefore, the court's "CONCLUSION", on the last page of its judgment is as follows: 1. Defendants have failed to comply with the requirements of the NHPA section 402, 16 U.S.C. sec.470a-2, and this failure to comply is agency action that is unreasonably delayed and unlawfully withheld, 5 U.S.C. sec. 706 (1). 2. Defendants are ordered to comply with NHPA section 402 and this case is held in abeyance until the information necessary for evaluating the effects of the FRF on the dugong is generated, and until defendants take the information into account for the purpose of avoiding or mitigate adverse effects to the dugong. 3. Defendants are ordered, within ninety (90) days of the date of this order, to submit to the court documentation describing what additional information is necessary to evaluate the impacts of the FRF on the dugong; from what sources, including relevant individuals, organizations, and government agencies, the information will be derived; what is currently known or anticipated regarding the nature and scope of Japan's environmental assessment and whether that assessment will be sufficient for meeting defendants' obligations under the NHPA; and identifying the DOD officials with authorization and responsibility for reviewing and considering the information for purposes of mitigation. 4. If plaintiffs desire to respond to this submission, they shall file their response within forty-five (45) days of the defendants' filing. At the end of this summary, it is worth noting the following warning which the court dared to make clear: "Satisfaction of defendants' obligation under section 402, therefore cannot be postponed until the eve of construction when defendants have made irreversible commitments making additional review futile or consideration of alternatives impossible." This is exactly why the NHPA requires the take into account process "prior to approval of an undertaking," at the time early in the planning stages of a federal undertaking when there is still a meaningful opportunity to consider adverse impact and mitigation measures.

著者

宗前 清貞 Kiyosada Somae

雑誌

総合政策研究 (ISSN:1341996X)

巻号頁・発行日

no.52, pp.105, 2016-09-20

雑誌

総合政策研究 (ISSN:1341996X)

巻号頁・発行日

no.44, pp.5-13, 2013-10-30

著者

柴山 太 Futoshi Shibayama

雑誌

総合政策研究 (ISSN:1341996X)

巻号頁・発行日

no.47, pp.57-78, 2014-09-20

著者

佐藤 和美 久保田 哲夫

出版者

関西学院大学

雑誌

総合政策研究 (ISSN:1341996X)

巻号頁・発行日

vol.24, pp.11-40, 2006-11

---

The Taiwan issue, the origin of which dates back to 1949 when the KMT retreated to Taiwan under the leadership of Chiang Kai-Shek, is still one of the most complex political conundrums in the East Asian region. The purpose of this paper is to provide an overview of this issue by clarifying the positions and policies of Beijing, Washington and Taipei. This paper shows that all three governments favor the status quo in the short run, but each has a different vision of the future, which makes this issue almost unsolvable. The Chinese leadership has long considered unification to be an inalienable policy. Now that great power policy is China's foremost priority, however, China does not emphasize unification as the most urgent issue on its plate. China is now seeking the cooperation of the U.S. in order to prevent Taiwan from declaring independence. The U.S., a key buffer between mainland China and Taiwan, is now more politically and economically interdependent with China than ever before, but still asserts that the consensus of the Taiwanese people is a prerequisite for the resolution of the Taiwan issue. Trying not to be directly involved, the US is seeking to maintain the status quo. Taiwan faces a paradoxical relationship with China. Both major parties in Taiwan, the DPP and the KMT, are caught in the same dilemma: whether to strengthen economic ties with China or to seek Taiwanese political independence.

著者

van Agt Andreas

出版者

関西学院大学

雑誌

総合政策研究 (ISSN:1341996X)

巻号頁・発行日

vol.18, pp.181-183, 2005-01-31

---

On the 22nd of October 2001, almost exactly three years ago, I delivered a presentation at Kwansei Gakuin University on the "Implications and effects of the 9/11 disaster". This may be an appropriate time to analyse and assess how the world has changed since that shocking event occurred.

著者

鈴木 英輔 Eisuke Suzuki

雑誌

総合政策研究 (ISSN:1341996X)

巻号頁・発行日

no.51, pp.23-40, 2016-03-31