著者

牛山 あやか 高田 光雄 加茂 みどり 近本 智行 土井 脩史

出版者

日本建築学会

雑誌

建築計画 (ISSN:18839363)

巻号頁・発行日

no.2015, pp.1063-1064, 2015-09-04

著者

Sinai Yacob G. 高橋 陽一郎

出版者

岩波書店

雑誌

科学 (ISSN:00227625)

巻号頁・発行日

vol.51, no.12, pp.p769-775, 1981-12

著者

上杉 めぐみ

出版者

愛知大学法学会

雑誌

愛知大学法学部法経論集 = The Journal of the Faculty of Law (ISSN:09165673)

巻号頁・発行日

no.202, pp.275-307, 2015-03

著者

村松 圭司 久保 達彦 藤野 善久 松田 晋哉

出版者

学校法人 産業医科大学

雑誌

Journal of UOEH (ISSN:0387821X)

巻号頁・発行日

vol.35, no.4, pp.305-311, 2013-12-01 (Released:2013-12-14)

参考文献数

11

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英国の雇用関連給付には,我が国の傷病給付金や雇用保険に対応するものとしてStatutory Sick Pay, Jobseekerʼs Allowance, Employment and Support Allowanceがある.英国では「福祉から労働へ」(Welfare to Work)のスローガンのもと,つねに労働のインセンティブが働くよう福祉制度改革が行われており,貧困と福祉への依存を解消するために,非拠出制給付を一本化したUniversal Creditという新たな給付方式が2013年から開始となった.また,これまでのフレキシブル・ニューディール政策は廃止され,「福祉から労働へ」施策はすべて「ワークプログラム」にまとめられ,就労を継続することにインセンティブが働くよう労働施策も改革が行われている.

著者

中村 隆文

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.229-242,258, 2007-10-30 (Released:2010-12-16)

参考文献数

34

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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. 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. 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

赤岩 順二

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.219-228,258, 2007-10-30 (Released:2010-12-16)

参考文献数

47

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This essay offers an interpretation of Plato's Nomoi 842b-860e, from agricultural laws to the answer of Athenian Stranger who was himself raising the question whether legisla-tive activities are recommended or not. There are three parts in the essay. The first part (section I) shows that the agricultural legislation is well designed and could be seen as a prototype for the rest of legislation. The second part (section II) shows that the legislative story, from the beginning of Book IX to an objection by Cleinias (857 b), is regarded as an error, which shows a possi-ble misbehavior of criminal justice in a post agricultural society. The third and final part (section III) discusses about the question whether judicial and legislative activities themselves are included in the subject of a Socratic paradox, “No one willingly do wrong”, introduced by Athenian Stranger (860 d). This essay answers “yes”, according to interpretations in the first and second part of the study. If that is the case, Plato assigns the Socratic paradox to a roll preventing the deviance of criminal justice.

著者

横濱 竜也

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.208-218,259, 2007-10-30 (Released:2010-12-16)

参考文献数

16

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Why should subjects defer to and obey their ruler? This question which is taken seriously especially by civil disobedients, coustitutes the core of the problem of legitimacy, and inquiries of the answer to the question has been mainly done in the theories of political obligation. But standard theories of political obligation have not given enough attention to the moral character of vertical relationship between ruler and subjects and the basis of intrinsic value of the latter's deference to the former. Arguments from fairness regard the state as a social cooperation between the equal members, and as an instrument to supply goods indispensable for us, so they do not adequately recognize the intrinsic value of deference. One of the arguments from natural duty of justice appeals the needs of political institutions which administer stably in a specific territory the principles of justice, but they attach little importance to how the relation between ruler and subjects has formed, and how subjects consider that their ruler believes in good faith that his judgment is just. The reasons for ruler to care about the basis of his political authority and the reasons for subjects to take seriously the basis of their political obligation are essentially different, and we should treat them separately. But in spite of the difference, to the virtue of ruler who presents consistently his understanding of the common goods, subjects have a (strong) reason to defer because in his claim of consistency, ruler has to be open and accountable to dissentients who blame him for inconsistency.

著者

早川 のぞみ

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.158-167,261, 2007-10-30 (Released:2010-12-16)

参考文献数

29

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Ronald Dworkin's theory about the ‘moral reading’ of the Constituion has made an influence not only on legal theories but also on constitutional theories through our country. The feature of his theory is on the point that he understands the Constitution, particularly the Bill of Rights, as a comprehensive system of abstract moral principles. My aim in this paper is to clarify the characteristics of his theory by comparing a very different type of theory, the ‘Originalism’. I also look at the abortion case. Examining how the two theories argue over this case, I try to discuss not only the signigficance about Dworkin' s theory, but also its problem as well.

著者

伊佐 智子

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.168-178,261, 2007-10-30 (Released:2010-12-16)

参考文献数

16

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In this paper, the reproductive rights are explained, at first, from its historical background, particularly in terms of the international declarations. Secondly, it shows this right should be a right to “reproduction”, because only women can choose whether to give a birth to a baby or not. A woman and fetus in her body are united on one side, but on the other independent. In this meaning a woman can choose to or not to give a birth to a baby with a responsibility towards the fetus. We should realize the importance, concerning society with decreasing birthrate. These rights must be a fundamental right for women as a moral and legal person. Finally, a nation has a moral and legal responsibility to fulfill and realize reproductive rights of women, then it leads to protect fetal life as well.

著者

三本 卓也

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.150-157,262, 2007-10-30 (Released:2010-12-16)

参考文献数

29

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In this article, I discuss two kinds of legal conceptions that Hohfeld described in his 1913 article: duty and privilege (or [unilateral] liberty). I focus on one specific interpretation that most readers seem to share; that is, the interpretation of Hohfeld as adopting a thesis ‘duty implies liberty’ (hereinafter T1). In order to assess the validity of T1, I think it necessary to stress the analogy between duty-liberty relations in Hohfeld's analysis on the one hand, and obligation-permission relations in deontic logic on the other. From this standpoint, T1 above equals a well-known thesis in deontic logic, which maintains that 'Op D Pp should be included as an axiom of a deontic system' (hereinafter T2). Moreover, T2 is closely related to yet another one, that is, `there exist logical relations between norms' (hereinafter T3). I argue that it is possible to interpret Hohfeld as denying T1 (contrary to currently dominant approach), and that this inter-pretation has its merits when it claims itself to be a system of deontic logic. After briefly summarizing what jural ‘opposites’ (in Hohfeld's term) mean, I argue that his own text becomes perfectly consistent when read as rejecting Tl. One might wonder if, logically speaking, Hohfeld's system thus interpreted is rich enough (as pointed out by Lindahl and others). I argue that it is, particularly when connected to the deontic system of von Wright's. Here, we must be aware that von Wright made, as time went by, at least three different kinds of arguments about T2 and T3. Of these three, particularly of note is, in my opinion, the system proposed in the third period. At that time, he contended that, while one should reject T3 (and hence T2), this never means the demise of deontic logic. To support this contention, he introduces ‘rationality’ standard, and thereby tries to reconstruct deontic logic from a new perspective. Based on this, I suggest that Hohfeld be understood as ‘von Wright in the third and (in my opinion) maturest period’, although this interpretation has several unsolved problems to be dealt with.

著者

吉岡 剛彦

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.2006, pp.179-189,260, 2007-10-30 (Released:2010-12-16)

参考文献数

39

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This paper is about Arthur Kaufmann's legal philosophy. Especially it focuses upon his theories of “the right to cheap resistance, ” “the principle of tolerance, ” and “relational person, ” which Kaufmann took into much account in his later years. These theories are related to his basic thinking on ontology of law (right), legal hermeneutics, legal methodology. I will try to describe Kaufmann's design for “an ideal society” by my own evolutional interpretation of his legal philosophy. In this description I pay attention to his insistence that statutory law (positive law) should be moderate or last resort (ultima ratio). The ideal society in Kaufmann's legal thought is, I think, a society through which voices of people (minorities) raising objections to the status quo can be circulated surely, and in which other people pay respect to the voices and can be stimulated to break away from their present viewpoints by “another vision” of the society in the voices.

著者

稲田 恭明

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.198-207,259, 2007-10-30 (Released:2010-12-16)

参考文献数

10

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This essay aims to explore the scope and limits of cosmopolitan citizenship, the most ambitious of the various conceptions of new citizenship which try to reconstruct the traditional concept of citizenship which has been closely connected with that of nationality. This conception is an attempt at revitalizing democracy by diversifying citizenship in accordance with the multiplied political decision-making processes under the circumstance that the autonomous competences of nation states are undermined under the pressure of economic globalization, and the state sover-eignty is being diffused both upwards and downwards. After surveying several important theories on cosmopolitan citizenship, we will review several criticisms against them. Those criticisms are mainly concerned with the preconditions which enable democratic deliberation, and the idea of democratizing transnational institutions. This new conception of citizenship requires both institutional and ethical approaches.

著者

大塚 滋

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.142-149, 2007-10-30 (Released:2010-12-16)

著者

石黒 太

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.190-197,260, 2007-10-30 (Released:2010-12-16)

参考文献数

13

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In this paper, I try to articulate the core of John Rawls's theoretical shift from A Theory of Justice to Political Liberalism by examining his idea of democracy. Rawls's theory of justice gradually displays the democratic character. In Political Liberalism, he introduces the idea of Public Reason to his theory. This idea allegedly plays a significant role in Deliberative Democracy; therefore Rawls is regarded as one of the vanguards of Deliberative Democracy. But how can his liberal theory be consistent with his democratic shift? In my opinion, Political Liberalism differs from A Theory of Justice with regard to the place of democracy. In A Theory of Justice, democracy is derived from “Justice as Fairness”, whereas Political Liberalism presupposes the democratic arrangement, and “Justice as Fairness” is offered as the most reasonable conception of justice for our democratic society. Thus Political Liberalism admits that “Justice as Fairness” is but one example of a reasonable liberal conception of justice. This difference corresponds to shift in the way of justification of “Justice as Fairness”. In my point of view, “Justice as Fairness” in A Theory of Justice is justified through “Wide Reflective Equilibrium” (“in the case of one person”), whereas it is “Full Reflective Equilibrium” (“Wide and General Reflective Equilibrium”) that plays very important role in justification of “Justice as Fairness” in Political Liberalism. The latter Reflective Equilibrium includes dialogical moments. It is concluded that the place of democracy in his theory shifts with a change in the structure of the justification of “Justice as Fairness”, and his position in Political Liberalism can be interpreted as a dialogical approach to justice.

著者

川人 貞史

出版者

日本選挙学会

雑誌

選挙研究 (ISSN:09123512)

巻号頁・発行日

no.17, pp.58-70,205, 2002

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本稿は,2000年総選挙における選挙制度•政治資金制度と政治的アクターたちとの間の相互作用の分析を行う。1994年の政治改革で導入された小選挙区比例代表並立制は,小選挙区制にウェイトがあるために2大政党制志向をもつ制度であるが,2000年における比例代表選挙の定数削減によりいっそう小選挙区制中心の制度になった。新選挙制度下の2度目の総選挙において,政党間の選挙協力や政治資金が選挙競争にいかなる影響を及ぼしたか,そして,通常,小選挙区制において顕著に見られる有権者の戦略投票がどのように選挙結果に影響を及ぼしているかについて,さまざまな集計データをもとに分析を進める。本稿の結論は,自公協力が自民党候補者の得票率を増加させていること,戦略投票が行われることによって生じる上位2候補への得票の集中も顕著にみられること,さらに,選挙協力によって自分の選挙努力によらない投票を得た自民党候補において,政治資金支出が本人の候補得票率を増加させる有意な効果が存在しなかったことである。

著者

嶋津 格

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.134-141,262, 2007-10-30 (Released:2010-12-16)

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The following are my comments on the presentations in our symposium on legal education. 1) Teaching law has been an effective route for Westernization in Japan. One of the marked features that graduates from a Law Department tend to acquire is their readiness to be accountable for social order. Compared with graduates from Literature or Economics, bachelors of law are likely to better manage norms in general. I believe recent sea change in legal education in Japan, which includes new establishment of about 70 law schools, will not affect the basic advantage of law education at undergraduate level. 2) When social norms are under perpetuated change lawyers are required to be more creative than regular study of law interpretation facilitates them to be. In such a circumstance Legal Philosophy, together with Sociology and Comparative Study of Law etc., will become all the more important. The fact that first rank law schools in the U. S. have rich courses in those theoretical studies of law is revealing this. 3) Professor Hagiwara talked about Japanese pseudo-rule of law. In that context too much focus on the Alternative Dispute Resolution and Restorative Justice might be harmful. In ADR, legal rules which are relevant to the concerned legal case will not be identified and confirmed. Otherwise, the rules found applicable to a new case today are likely to be applied to the similar cases in the future so that the number of cases which will come to the court for just resolution will be reduced greatly. In ADR, there is no guarantee that similar cases will be resolved similarly, which is one of requisites for the appearance of justice or that of rule of law. 4) The most fundamental thesis in my observation is that in the ideological phenomenon like law social belief in its existence which has something to do with people's sense of justice tends to make people behave accordingly so that the social reality in which we can talk on law meaningfully will come in place. In short the belief in law tends to fulfill itself. So, the main task of legal profession has been and still is to disseminate this belief.

著者

亀本 洋

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.115-127,264, 2007-10-30 (Released:2010-12-16)

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Can education of legal philosophy be standardized? It seems extremely difficult to do so in view of liberal character of our discipline. It would be impossible to standardize philosophy of law in the same way of standardization in microeconomics, in which contents to be taught are completely standardized according to the level of students. Microeconomics for beginners is a subject without whose knowledge it is difficult for everyone to learn any other field in economics. It is in this sense the base of economics. Even civil law for beginners as what many jurists might think is the base of law in general is not standardized as elementary microeconomics, much less philosophy of law. But I believe that it is promising to standardize legal philosophy through teaching its history, that is, noteworthy doctrines of great philosophers of law and state, even if such standardization were different in kind from one in economics. Fortunately, there is a broad consensus among legal philosophers on which philosophers should be discussed. It is essential in each lecture to begin by taking up the simplest cases or problems and then to go to the more complex ones. We should learn this way of teaching from economics. But we do not have to commit to any economic thinking, though it is necessary to make use of it in some appropriate cases.

著者

平野 仁彦

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.2006, pp.100-114,264, 2007-10-30 (Released:2010-12-16)

参考文献数

19

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In the Judicial Reform now in process in Japan, the new law school system models itself mainly on that of the United States. American law schools, based on accreditation by A. B. A. and A. A. L. S., have three characteristics in their curricula: stress on the first year courses of required subjects, providing various opportunities of practical or clinical education, and teaching a variety of basic and/or interdisciplinary studies of law. Jurisprudence or legal philosophy is among the last category. This paper, focusing on Jurisprudence, expounds the history of American legal education, its background ideas, and the major questions in the philosophical inquiry. It argues that despite a long history of apprenticeship the legal education made a drastic turn in the middle of the twentieth century into making much of the theoretical side of instruction partly because of the diversity of law and legal practice in America; that the fundamental idea in law is a limited sense of pragmatism which has been widely shared by various American legal theorists from Christopher Langdell to Ronald Dworkin and which underlies the idea of “Respon-sive Law” driving legal developments; and that theoretical inquiries that embody the idea of responsive law converge on the issues of legal justification as well as legal process in jurispru-dence, with considerations that we may call the “legal system balance” and the “legal principle balance”, which mold, as a result, particular features of the rule of law. Fostered through American legal education, the idea of responsive law is a vigorous source of legal practice in contemporary societies.

著者

山田 八千子

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.84-99,265, 2007-10-30 (Released:2010-12-16)

参考文献数

26

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New legal training system was established at 2004. It organically connects legal education, the national bar examination and legal training as a “process”. Law school system would be its core. Law schools have to provide the education especially for training for the legal professions (judges, prosecutors, and lawyers). Therefore the education at law school should build a bridge between theoretical education and practical education. This paper would examine that the subject of legal philosophy plays an crucial role in such new legal training system. Legal education would be classified into two categories. These categories are the rationalistic theoretical education and the apprentice education as apprenticeship. In Japan the undergraduate schools and the postgraduate schools have given great deal of weight to the rationalistic theoretical education. But not only the theoretical education but also the apprentice education are indispensable for the education for legal professions.

著者

宮川 光治

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.76-83,265, 2007-10-30 (Released:2010-12-16)

参考文献数

13

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New legal training system was established at the request of society as a way to greatly improve legal profession both in quality and quantity. Law school is the core of such legal training process and the professional school which provides education specialized in training for the legal profession. By collecting diverse human resources and being exposed to the competition between law schools and the third party evaluation, law school tries to secure the quality of education and to achieve diversity and specialty. Unless national bar examination and apprenticeship training become bottlenecks, this system will, with efforts of faculties and students, fundamentally reform personal structure of Japanese justice system and gradually develop towards educational philosophy. Having been released from training for the legal profession, undergraduate law faculties became able to create a clear future vision. For development of the rule of law, it is necessary that citizens with basic legal knowledge have the increased presence in the society. Undergraduate law faculties should continue to play a role of nurturing such citizens. Liberal arts education will be conducted first, then various specialized professional education will be provided. It is expected that legal training is left with law school. Moreover, a careful examination may be required when considering training of specialists in fields adjoining law (so-called quasi-legal professionals) as an objective of undergraduate law faculties. It is important to take the future of continuing education into consideration when creating a vision of legal education at undergraduate.