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

大久保 嘉三

出版者

日本法政学会

雑誌

日本法政学会法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.25, pp.1-11, 1989-05-20

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1. After "Utage" and Before "Utage" 2. Before the first legal proceeding of privacy judgement, "Utage no ato" affair 3. After the first legal proceeding of "Utage no ato" affair 4. Conclusion-feeling to privacy

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

武居 一正

出版者

日本法政学会

雑誌

日本法政学会法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.26, pp.28-38, 1990-05-20

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1. Introduction 2. Violation des droits de l'homme des travailleurs immigres et irreguliers(1)Situation actuelle du travail au noir(2)Causes des violations des droits de l'homme 3. Les remedes a apporter durgence(1)Ce qu' on peut faire en se basant sur les lois actuelles(2)Les reformes necessaires et ideales a. Les problemes a envisager dans l'immediat b. Les mesures a prendre a long terme 4. Conclusion

著者

馬場 慎

出版者

日本法政学会

雑誌

日本法政学会法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.23, pp.58-76, 1987-05-20

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It was "De L'Esprit des Loix", that is, "Sprite of Laws" written by Montesquieu in Io, 1748 that had greatly affected the morden thought as to laws not only in West European countries but also in Japan. In spite of the excellent book being worth reading, it was too hard a book, it goes without saying that the difficulty was not in the book but in readers, for many people to understand. However, in 7, 1875 Tadaichi Suzuki translated into Japanese out of the French original, whose work was named "Ritsureiseigi." I would make a study of an enduring problem that faces us, that is, what law is by discerning some order within a mass of their materials. 1. Introduction 2. The awakening of the morden thought as to laws in Japan and Tadaichi Suzuki 3. The construction of "Ritsureiseigi" 4. About the introductory remark of "Ritsureiseigi" 5. About Montesquieu 6. Conclusion

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

津田 博

出版者

日本法政学会

雑誌

日本法政学会法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.34, pp.129-144, 1998-05-15

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The Hyogo prefectural assembly was held on the fifteenth of May in the twelfth year of Meiji (1879). As far as the author knows, it has never been studied in detail how the assemblymen were elected. Besides, it has never been made known how the budget was discussed by the assembly. This article treats two points. First, the legal grounds of the election of the assemblymen will be dealt with in terms of the assembly rules. The number of the assemblymen and the actual state of vote in the first Hyogo prefectural assembly will also be discussed demonstratively, and the true state of the election will be made clear. Secondly, the author will analyze from the data the state of the first prefectural assembly and argue on the salary of guncho (the head of a county). All this will throw light on the nature of the early prefectural assembly.

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.

著者

樫原 義比古

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.2, pp.165-177, 2008-05-15

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Restrictive covenants such as non-competition and non-disclosure, as employers think about the need to protect business interests, have long been present in many Japanese employment contracts. Courts, however, have been doubtful of such restrictive covenants and sometimes have refused to issue injunctions to enforce them. The reality that there are no clear rules regarding enforceability of restrictive covenants can be frustrating for employers who are left with no reliable means of keeping their key employees from joining a competitor or competing themselves. Faced with a similar problem, employers in England developed a concept called "garden leave" and this arrangement has been generally accepted and enforced by English courts. Garden leave clauses in England have become common in the employment context, but may they become a tool commonly used by employers to protect their businesses from the dangers inherent when key employees terminate their employment in Japan? The purpose of this article is to examine the question as to whether garden leave provides appropriate safeguards and should be enforced by courts. In analyzing garden leave clauses in an era of high employee mobility, it is difficult to rationalize the need for the garden leave doctrine in Japan.

著者

松井 丈晴

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.47, no.1, pp.1-17, 2010

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In Japan, "Manager" is defined under Article 41(2) of the Labor Standards Act, as a person in a position of supervision or management or person handling confidential matters, regardless of the type of enterprise, to which the provisions regarding working hours, rest periods and days off set forth in this Chapter, Chapter VI and Chapter VI-II do not apply. In contrast, in the United States "Manager" is defined under Sec.13 (a) (1) of the Fair Labor Standards Act. In court cases between McDonald's Corporation in America and Japan, the courts settled questions concerning the definition of "Retail Store Manager". Through a comparison of the. American and Japanese McDonald's Corporation court decisions, I analyzed trends in judicial precedents concerning the concept of "Manager" following the revision of the American Code of Federal Regulations in 2004. Furthermore, by highlighting the differences between the American and Japanese concepts of "Manager", I examined what constitutes a "Manager" in Japan.

著者

三浦 秀之

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.47, no.1, pp.18-46, 2010-11-15

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The "55-year system" (55-nen taisei) under the LDP-led government contributed to the institutionalization of policy making in Japan after 1955. In this regard, the prevalence of a strong tripartite relationship between the LDP agricultural politicians (Norin-Zoku), the Ministry of Agriculture, Forestry and Fisheries (MAFF) and the Japan Agricultural Cooperatives (JA) in policy-making protected the agricultural sector in Japan. However, the premiership of Junichiro Koizumi from 2001 to 2006 saw the emergence of a top-down approach in policy formulation in Japan. Analyzing recent policy initiatives in the agricultural sector, I found that the top-down approach in policy-making under the Koizumi leadership contributed to the successful removal of trade barriers on some agricultural products in FTA negotiations. However, changes in leadership style and in the policy-making process were insufficient to fully liberalize Japan's highly sensitive agricultural sector, especially with respect to the imports of rice due to strong opposition from the LDP agricultural politicians. In this paper, I examine how the change from the "55-year system" to Koizumi's top-down management style has influenced the pace of agricultural liberalization in Japan and why, despite the new policy-making approach, a complete liberalization of sensitive agricultural products, especially rice, did not take place. In particular, I examine how each actor pursued the protection of sensitive agricultural products.

著者

齋藤 康輝

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.40, no.1, pp.166-176, 2003-11-05

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1 The location in question As for the member of the Diet, it is originally hoped that he(she) acts as "a representative of whole country people". However, actually, the action is restricted by a political party. By this report, I want to examine many problems around such a member of a party qualification and a member of the Diet qualification from a perspective of study of the constitution. 2 Relation of a member of a party qualification and a member of the Diet qualification in Japan (1) Sanctions of a case of party decision violation (2) When a member of the Diet change the party 3 A problem of a member of a party qualification and a member of the Diet qualification in Germany 4 A summary In Germany, the conclusion charge account that was different from Japan does a problem of the seat loss by transference of a member of the Diet by a federal level, and, besides, it is argued in various ways still. I think that there is a problem very much about law revision of this time in Japan(revision of the Public Officers Election Act / the Diet Act , 2000).

著者

石堂 功卓

出版者

日本法政学会

雑誌

日本法政学会法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.34, pp.15-21, 1998-05-15

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1. Introduction (1) An overview of the recent problem of bullying (2) Proposals from the Ministry of Education's "Emergency Meeting for Measures Dealing with Bullying" 2. The Recognition of Bullying as a Crime (1) The principles of Juvenile Law (2) Countermeasures against bullying which constitutes crime (3) Bullying which constitutes crime (4) The trend of criminalizing general bullying behavior 3. The Problem of General Bullying in Japan (1) The indeterminate nature of bullying behavior (2) A definition of bullying (3) General countermeasures against bullying 4. The Functions and Limitations of Criminal Law to the Problem of Bullying 5. Bullying and Criminal Liability (1) The offender's liability (1) Bullying which constitutes crime (2) Bullying which causes suicide and constitutes crime (3) General bullying which leads to the victim's suicide (2) School and parental liability……the possibility of prosecution due to negligent supervision 6. Conclusin Solving the problem of bullying through the process of criminal law and recognizing the solution's inherent limits

著者

真下 英二

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.39, no.2, pp.98-113, 2003

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In recent years, as information technologies develop, the movement toward constructing the electronic government (e-government) is becoming active. By e-governments, we can increase efficiency of administration and observe the action of administration more easily. And as the result, it is said that administrative action of local autonomies will be more active and democratic. The Japanese government announced "The E-japan Strategy" and "The E-japan Strategy 2002". They aimed to realize almost all administrative procedure can be followed on-line by 2003, not only about the central government, but also all of the local autonomies. Certainly, e-government may have many useful fields, but many problems also exist. Particularly, according to the investigation by Ministry of Public Management, Home Affairs, Posts and Telecommunications, most local government is not so eager for constructing e-government. It is because of the talented people, or capacity of local autonomies. So, it can be said hasty to construct e-government without taking some measures to reinforce capacity of local autonomies, such as consolidation of municipalities.