著者
愛敬 浩二
出版者
THE JAPAN ASSOCIATION OF LEGAL PHILOSOPHY
雑誌
法哲学年報 (ISSN:03872890)
巻号頁・発行日
vol.2004, pp.76-87,203, 2005

Libertarianism is not so popular among the constitutional lawyers in Japan. There are some reasons for that situation, but one of the most important reasons is that Japanese Constitution is, both in content and in its historical background, not suitable for the ideology of libertarianism. So under the constitution like that, libertarianism could hardly prevail, and there is no need for constitutional lawyers to take it seriously.<br> But this story is too simple. If libertarianism is not the vindication of "laissez-faire" capitalism, but the diehard claim for liberty of private life of individuals, then constitutional lawyers should not make light of the critical stance of libertarians to the paternalistic regulation of the government. Especially in Japan, constitutional theory of "double standard dependent on the aim of regulation" allows the government very wide range of paternalistic regulation on economic freedom. Japanese constitutional lawyers could learn much from the libertarian criticism of that theory.<br> But the problem of libertarian criticism is that they don't pay due attention to democracy. So taking libertarianism more seriously, we, Japanese constitutional lawyers, should come to think much about democracy, and I think it's good for us.
著者
堀口 悦子
出版者
THE JAPAN ASSOCIATION OF LEGAL PHILOSOPHY
雑誌
法哲学年報 (ISSN:03872890)
巻号頁・発行日
vol.2003, pp.32-42,235, 2004

Sexual harassment has three types-Quid Pro Quo, hostile condition of work, and gender discrimination types.<br> Sexual harassment is defined as unwelcome sexual behavior toward partner or people.<br> Sexual harassment is abuse of human rights, and is sexual and gender discrimination. <br> Harm caused by sexual harassment is various from use of words to rape.<br> Places where sexual harassment can happen are also various.<br> First, office. Sexual harassment is recognized as happening at office. At Japanese offices, "gray zone" is a special problem. This gray zone is connected with the employment custom in Japanese companies.<br> This Japanese employment custom is that Japanese companies do not regard working women as equal partners. For example, male bosses and co-workers call a working woman "obasan", which means middle-aged woman, or "ojousan", which means miss or young lady. But working women have their own names. Working women must do odd jobs for example, "ochakumi" or making copies.<br> Second, university or college. Sexual harassment at universities and colleges is called "campus sexual harassment" in Japan.<br> Probably, the campus sexual harassment is connected with academic harassment in Japan. Academic harassment means harassment by professors. A professor criticizes a student for her or his academic record.<br> Third, school elementary school, junior high school, and high school. Sexual harassment at schools is called school sexual harassment in Japan. It is no exaggeration to say that school sexual harassment is a big issue in Japan. This issue features even on such magazines as are mostly read by men.<br> Fourth, sports. Sportswomen are threatened with sexual harassment by their coaches.<br> Fifth, hospital or medical institutions. In Japan, "power harassment" by doctors becomes a big issue. And sexual harassment by doctors becomes an issue, too.<br> Sixth, area-neighborhood. Sexual harassment is caused by neighbors.<br> Seventh, the power of the State jail or prison. In Japan, female prisoners had been raped by keepers in prison for a long time ago. Another problem is the treatment of women in death cells.
著者
中村 隆文
出版者
THE JAPAN ASSOCIATION OF LEGAL PHILOSOPHY
雑誌
法哲学年報 (ISSN:03872890)
巻号頁・発行日
vol.2006, pp.229-242,258, 2007

Locke's theory as a contractarian has a great influence on the debates about social justice between "liberalism" and "libertarianism" yet. Even have many differences of opinions in those, they almost depend on the "natural law" and "natural right" elaborated by Locke when he tried to defend the "liberty" against an authority of the king. This reason is that they believe Locke's natural jurisprudence and ideas of "liberty" and "right" are set in the Declaration of Independence. It's nothing to be surprised at this, so now I intend not to doubt this fact, and that, not to convict their debates as pointless.<br> I suggest that "liberty", "right" and "justice" can be also defended philosophically by a school of thought in the eighteenth century other than Locke's, no matter how we estimate his influence on the then America. Directly and frankly professing, I regard the Scottish Enlightenment as functioning that role in the century, and its significance has still lived under the debate about the idea of social justice.<br> I place a special emphasis on the point that Scottish thinkers, especially David Hume and Adam Smith, had defended the America outside the theory of contractarianism involved with liberalism and Libertarianism. It shows that "justice" intrinsically exists in a relationship, in other words "convention" and it can not be discovered in the contractual lawmaking way but in the judiciary way reflecting sense of justice, or moral sense, because law of justice will be expanding over the domain of human rationality of economical worldview.
著者
土井 真一
出版者
THE JAPAN ASSOCIATION OF LEGAL PHILOSOPHY
雑誌
法哲学年報 (ISSN:03872890)
巻号頁・発行日
vol.2005, pp.30-41,199, 2006

In this article, the difference between the <i>Recthsstaat</i> principle and rule of law is clarified through analyses of the administrative and judicial law-making processes. Based on such analyses, pros and cons of the <i>Rechtsstaat</i> and rule of law are compared, and the conclusion is drawn that a way to unite the two law-making processes to work together in a balanced manner should be sought, and that reinforcement of the judicial law-making process is indispensable for rooting the rule of law in the Japanese society.