著者
岡田 高嘉
出版者
広島大学法学会
雑誌
廣島法學 (ISSN:03865010)
巻号頁・発行日
vol.42, no.1, pp.324-289, 2018-07-20

This Article focuses on stereotypes and examines discrimination cases in the United States. In sex discrimination cases, courts reject state stereotyping when it perpetuates ideas about men's and women's roles and reinforces women's inferior social status. In transgender discrimination cases, courts have begun to protect transgender individuals from state demands for conformity to normative stereotypes about how to be a man or woman. Governmental discrimination against transgender individuals sends the subordinating message that transgender people as a group are inferior to cisgender people as a group. That message rang loud and clear when state legislatures passed anti-transgender bills. The anti-transgender "bathroom bills" have cropped up in a number of states over the past couple of years. What these bills do is inflict further indignity for a population that has already suffered. This Article examines the constitutionality of the "bathroom bills" at length.
著者
Hilaire Jean 小梁 吉章
出版者
広島大学法学会
雑誌
広島法学 (ISSN:03865010)
巻号頁・発行日
vol.30, no.4, pp.172-129, 2007-03

本稿は,フランスの法律雑誌「仲裁雑誌」 (Revue d'arbitrage)に2000年に掲載された論文, L'arbitrage dans la période moderne (XVIe-XVIIIe siècle)の翻訳である。
著者
横藤田 誠
出版者
広島大学法学会
雑誌
広島法学 (ISSN:03865010)
巻号頁・発行日
vol.42, no.1, pp.87-121, 2018-07

Not all governmental acts that infringe the rights guaranteed by the Constitution are declared unconstitutional. In particular, in the case of disadvantaged people such as the mentally disabled people, regardless of whether their human rights are clearly infringed, there are many cases that are not considered serious problems legally or socially. Why was human rights not guaranteed to people with mental disorders? This article is intended to obtain an answer to this question by overviewing the historical developments of human rights protection for the mentally disabled in the United States and in Japan.Disadvantaged people have weaknesses in society in the sense that they need close involvement with others and the society to fulfill their lives. Also, although not all disadvantaged people, some children, elderly people, and disabled people have weaknesses as subjects in the sense that their decision-making abilities are not sufficient. People with mental disorders seem to be strongly equipped with these two weaknesses. No one says that people with mental disabilities do not enjoy human rights, but there is no doubt that human rights have been suppressed for many years in psychiatric care.Over the past several decades, the two models were intensely confronted with respect to psychiatric care: the "medical model" that puts the greatest value to health and the "human rights model" that emphasizes autonomy and equality. The United States has led the human rights model. On the other hand, Japan is firmly rooted in the medical model based on the culture that emphasizes community rather than individuals.In the United States, the compulsory hospitalization system which passed through trial and error from the colonial era had finally begun to be critically considered from the constitutional point of view on the courts and legislatures in the late 1960s.Many state laws provided "imminent danger to self and others" of the substantive requirements of hospitalization and procedures similar to criminal proceedings. The tendency of such state laws was the minimum necessary condition to harmonize the compulsory hospitalization system and the constitution. But society that witnessed former hospitalized patients who were homeless in large cities lost confidence in the correctness of legal reform and began to explore new ways. In some states, there has been a movement to make the substantive requirement relax again.Regarding the substantive requirements and the hospitalization procedures as well, it seems that the conclusion is influenced by the difference in the basic way of thinking with regard to the compulsory hospitalization system as follows, whether to emphasize liberty of mentally disabled people or whether to value welfare (health) of them.
著者
榎 久仁裕
出版者
広島大学法学会
雑誌
広島法学 (ISSN:03865010)
巻号頁・発行日
vol.32, no.1, pp.71-85, 2008-06
著者
神代 貢志
出版者
広島大学法学会
雑誌
広島法学 (ISSN:03865010)
巻号頁・発行日
vol.40, no.3, pp.184-167, 2017-01

The biggest issue today in Brazil is the investigation into the huge corruption case called "Operation Jet Wash." During the process of investigation, numerous executives and politicians, including the former president, have been arrested. The main source of evidence to prove the suspects' guilt comes from the bargaining system in Brazil called "colaboração premiada"or "delação premiada." Today, "Operation Jet Wash" and the Brazilian bargaining system are not only a domestic issue for the criminal justice system, but also one of the biggest international issues affecting the economy. The arrest and testimony of the ex-director of the national oil company "Petrobras" has led to accusations against numerous executives and politicians. As a result, the domestic administration of Brazil became unstable and the economy fell into recession. It is therefore important to research the bargaining system that caused such a huge issue. In this article, we focus on the relationship between the bargaining system and organized crime in Brazil. Is the bargaining system in accord with the principles of Brazilian criminal justice system? Two topics in particular are highlighted: the adversary system in Brazil and the legal enforceability of criminal persecution. There are two main schools of thought with regard to the Brazilian bargaining system, those who agree and those who disagree with the operation of the system. Finally, I give my opinion from the view of comparative law.
著者
神代 貢志
出版者
広島大学法学会
雑誌
広島法学 (ISSN:03865010)
巻号頁・発行日
vol.40, no.1, pp.214-185, 2016-06

Brazil is one of the friendliest countries to Japan. However, only few attempts have been made so far for the Brazilian criminal system in Japan.The biggest issue today in Brazil is huge corruption and investigation for the case named "Operation Jet Wash". On the process of investigation, quite a lot of executives and politicians including ex-president have been arrested. Main measure to gather evidences for proving their crime is the bargaining system in Brazil called "colaboração premiada"or "delação premiada". In these days, "Operation Jet Wash" and bargaining system in Brazil are not only domestic issue of criminal justice system, but also one of the biggest international issue in the view of economy. The arresting of the ex-director of the National oil company "Petrobras" and the delation made by the ex-director of the campany has led to the accusation against numerous executives and politicians. As a result, domestic administration of Brazil became unstable and economy fell in recession. It is therefore significant to research bargaining system that caused such a huge issue.Recently, the development of transference system has accompanied increase in the difficulty of arresting organized crimes. Bargaining system has been considered an efficient measure against such kind of crime. In particular, Brazil is a country in which professional criminals exist. Necessity of measures against them is quite high. Although, problems during the bargaining system is still controversy in Brazil.The purpose of this article is to survey the domestic legislation, accord, and discuss the bargaining system in Brazil.
著者
小久保 孝雄
出版者
広島大学法学会
雑誌
広島法科大学院論集 (ISSN:18801897)
巻号頁・発行日
no.14, pp.171-194, 2018-03

平成29年3月25日開催 第76回広島大学講演会「司法の役割を考える-民事裁判官の職務を例にとって-」於:東千田未来創生センター本稿は,当日のテープ録音をもとに,その概要を報告するものです。(なお,講演会に引き続き行われた,フロアーとの質疑応答については,紙幅の関係上,省略させていただきました。)
著者
山田 園子
出版者
広島大学法学会
雑誌
広島法学 (ISSN:03865010)
巻号頁・発行日
vol.40, no.1, pp.290-267, 2016-06

This paper provides an overview of the studies of John Locke's works in postwar Japan. Among his works, the Second Treatise of Government attracted much interest because of its social contract theory. Anticipating the development of democracy in Japan, post-war studies of the Second Treatise often disputed whether Locke's political theory provided an applicable model and raised the issue of whether Locke's theory of "trust" should be examined in relation to his idea of the English legal tradition.
著者
山田 園子
出版者
広島大学法学会
雑誌
広島法学 (ISSN:03865010)
巻号頁・発行日
vol.39, no.4, pp.216-199, 2016-03

This paper provides an overview of the studies of John Locke's works in post-war Japan. Among his works, the Second Treatise of Government attracted much interest because of its social contract theory. Anticipating the development of democracy in Japan, post-war studies of the Second Treatise often disputed whether Locke's political theory provided an applicable model and raised the issue of whether Locke's theory of "trust" should be examined in relation to his understanding of the English legal tradition.