文献一覧: 日本法哲学会 (出版者)

3 0 0 0 OA 悪・暴力不正義暴力批判としてのフェミニズムの視点から眺める

著者: 大川正彦
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.7-18,236, 2004-10-20 (Released:2008-11-17)
参考文献数: 8

Human beings have a double aspect: one is that of a patient and the other is that of an agent. With this aspect in mind, I try to consider evil, violence and injustice from a view of feminism as critique of violence. In considering this theme, one of the most important legacies of liberal vocabularies seems to reemerge. That is the right to resist. I propose a question. Does contemporary liberalism take this legacy seriously in the face of evil, violence and injustice these days, especially after the 9.11 and the war on Iraq With this question in mind, I rely on Judith Shklar's insights. Firstly, her “liberalism of fear” as a political doctrine is important for my purpose because it takes human beings as sentient beings seriously in comparison with an orthodox and “robust” liberalism. Secondly, her argument about “a sense of injustice”, which is based upon a distinction between misfortune and injustice, is also suggestive. I also rely on Yayo Okano's insight, which follows Shklar's arguments and develops them further. She emphasizes the importance of “doing justice after the violence” and tries to reconsider “restorative justice.” I regard Judith Herman' s Trauma and Recovery and many efforts following this innovative work as one of the various ways of “doing justice” or “restorative justice.” While I evaluate their ways of “doing justice”, they seem problematic. Their problematic points consist in their therapeutically institutionalizing disposition. How can contemporary “robust” liberalism consider “doing justice” or “restorative justice” with taking the right to resist seriously and without yielding to this problematic way The answer depends on whether it can take its legacy seriously in our flat battlefield.

3 0 0 0 OA 方法二元論をめぐる最近の規範論理学的議論

著者: 守屋正通
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.1971, pp.93-128, 1972-10-30 (Released:2008-11-17)
参考文献数: 53

3 0 0 0 OA 民法解釈論序説

著者: 星野英一
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.1967, pp.75-119, 1968-04-25 (Released:2009-02-12)
参考文献数: 120

3 0 0 0 OA 法とパターナリズム

著者: 中村直美
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.1982, pp.37-60, 1983-10-10 (Released:2008-11-17)
参考文献数: 39

3 0 0 0 OA フランソワ.エワルドにおける「リスクの法哲学」

著者: 西迫大祐
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.2006, pp.243-250,257, 2007-10-30 (Released:2010-12-16)
参考文献数: 31

The concept of risk occupies centre-stage in debates about individual and social responsibilities. In this paper, we examines the work of Francois Ewald, who analyses risk and responsibilities within the French codified tradition, to show the questions which the legal philosophy of 21st century has to answer.

3 0 0 0 OA リベラル・フェミニズムの二つの視点

著者: 井上達夫
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.68-80,233, 2004-10-20 (Released:2008-11-17)
参考文献数: 21

In this paper I argue for two claims: that liberal feminism can adequately capture the critical insights of the second-wave feminism so as to rescue the latter from its own self-defeating tendencies; and that the internal tension between the liberal and feminist perspectives of liberal feminism generates important issues that must be addressed to reinforce feminism and to deepen liberalism. In the fist section I defend the first claim by showing the following points. The second -wave feminist critique of the public/private dichotomy is based on the doctrine that the personal is political, which must be complemented by the liberal tenet that the personal is personal for everyone, in order to protect against “private” and social pressures the autonomy and equal status that women have as individuals. The anti-essentialist deconstruction of gender, another secondwave feminist insight, must be coupled with the liberal commitment to critical morality based on justice and human rights to get out of the trap of comprehensive deconstructionism that undermines the feminist reformative vigor. In the second section I substantiate the second claim by comparing Ayako Nozaki's conception of liberal feminism and mine. Nozaki attempts to reconstruct liberalism from a feminist perspective by incorporating Hannah Arendt's conception of equality and Amartya Sen's capability-based approach to distributive justice into her theory. I argue that her feminist concerns can be more adequately captured and defended from a liberal perspective in which the universalistic idea of justice and resource-based approach to distributive