著者

角田 猛之

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.2002, pp.59-70, 2003

著者

吉田 勇

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.1985, pp.26-41, 1986

著者

服部 高宏

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.1993, pp.170-177, 1994

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

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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

山田 秀

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.1996, pp.137-146, 1997

著者

瀧島 正好

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.1975, pp.132-145, 1976

著者

ムスラキス ジョージ

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.2008, pp.205-215, 2009 (Released:2021-12-29)

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J. S. Mill thinks of individuality as the most essential of human interests. Individuality is equivalent to freedom as meaning self-determination - the principal condition of and main ingredient in self-development. Accordingly, non-interference is, for him, a vital prerequisite of the good life: it is a fundamental presupposition of his liberalism that individuals should not be interfered with unless their activities can be shown to injure the interests of others. But in addition to the individualist-functionalist strain in Mill's thought there is also a strong strain of skepticism and this is a fundamental component of his liberalism. As well as presupposing a particular view of the nature of man. Mill’s liberali.sm also rests on an empiricist view of the nature and possibilities of human knowledge. From this point of view, fallibilism is seen to be one basis of his belief in toleration, k corollary of Mill's fallibilism is his conception of human nature as essentially open and incomplete. His doctrine of individuality and self-development, on the other hand, appears to imply that the individual is definable by certain necessary and permanent characteristics. Following a discussion of the empiricist and fallibilist strain in Mill's liberalism, this paper offers an interpretation of Mill's view that reconciles these two seemingly discordant elements in his understanding of man.

著者

河村 有教

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.2007, pp.251-258, 2008 (Released:2021-03-31)

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In promoting support for the drafting and/or enhancement of laws in Asian countries, it is important to objectively analyze the tense relationship between Asian and Western cultural frameworks, before attempting to understand dissimilarities and compare legal cultures among Asian countries. This paper refers to the importance of coordination of transplanting laws and Asian legal traditions and legal cultures through Japan’s experience of those assistance for legal reform to Asian countries and also tries to discuss how to theorize and develop its methodology on the premise that it is possible to compare laws and legal cultures of Asian worlds with those of the West as well as how to theorize it on the premise that it is possible to compare laws and legal cultures of Asian countries.

著者

南 利明

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.1972, pp.67-110, 1973-10-30 (Released:2008-11-17)

参考文献数

92

著者

田中 成明

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.1968, pp.164-182, 1969-09-30 (Released:2009-02-12)

参考文献数

1

著者

船田 享二

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.1969, pp.1-19, 1970-10-10 (Released:2008-11-17)

参考文献数

19

著者

ネイザンソン N.L.

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.1955, pp.en1-en18, 1956-02-25 (Released:2009-02-12)

著者

中村 雄二郎

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.1982, pp.180-185, 1983

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

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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

佐藤 幸治

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.1989, pp.76-99, 1990

著者

碧海 純一

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.1979, pp.214-222, 1980

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

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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

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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.