著者

多胡 智之

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.176-184,228, 2004-10-20 (Released:2008-11-17)

参考文献数

6

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Whenever Mill's On Liberty is interpreted, it has been interpreted as the philosophy of autonomous but selfish human being. Most interpreters have thought as if On Liberty consists only of the chapters I, II, and III. This interpretation of On Liberty caused the conception of two Mills, the author of On Liberty and the author of other writings, principally Utilitarianism. And also, it makes the peculiarity of On Liberty prominent. But Mill himself declared in chapter IV of On Liberty, that “it would be a great misunderstanding of this doctrine to suppose that it is one of selfish indifference”. So, restricting On Liberty to the selfish-individualistic philosophy is inappropriate and to see only one side of the story. The purpose of this paper is to reinterpret On Liberty by referring to the chapters IV and V which have not been taken seriously. Especially in chapter IV, Mill claims that it is important to recognize that we care each other the part of a person's life which concerns only to him, out of good office. This is the clue. In my paper, I will name this relationship as altruistic mutuality, and point out that the feature of this concept is to present alternatives for others, not to control him. Moreover, I will argue that altruistic mutuality is legitimately founded on his principle of liberty. And furthermore, I will show that On Liberty interpreted in this way opens the possibility of perfectionism whose end is not to accomplish each person's faculties but to create morally healthy society, and that On Liberty is the preparation to Mill's subsequent writings.

著者

竹村 和也

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.2003, pp.141-148,231, 2004-10-20 (Released:2008-11-17)

参考文献数

15

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Severe and extensive poverty persists while there is great and rising affluence today. The question to be asked is, What should we in the rich states do according to the principles of justice Arguments about justice in an international society are often divided broadly into two approaches. One is a ‘global justice’ approach which applies principles of liberal justice directly to an international society. The other is a particularist approach which restricts the domain of justice to nations or societies. If strict cosmopolitanism, which claims that duties to provide aid applied to all without distinction of nationality is right, then global justice command us to help the poor. Even if it is false, moderate cosmopolitanism is compatible with the global justice. And even if particularist approach is right, particularist approach is compatible with Pogge's theory of global justice. He suggests what he calls an institutional understanding of human right. According to this understanding, having human right means any society ought to be organized that all members have secure access to the objects of their human rights. Responsibility for a person's human rights falls on all and only those who participate with this person in the same social system. He also suggests that present global order imposes severe poverty on the poor who cannot resist this order. According to Pogge this imposition deprives them of the objects of their most basic rights and it is human rights violation. Then what we must do is to diminish the injustice of the global order through institutional reforms. We must stop thinking about world poverty in terms of helping the poor.

著者

登尾 章

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.203-211,226, 2004-10-20 (Released:2008-11-17)

参考文献数

15

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Berard Mandeville has been exposed to various criticisms. But I believe the critics were sticking only to his texts so superficially that they failed to discover what Mandeville really meant with his apparent contradictions. But once we penetrate deep into his writings, we can see what he really wanted to insist was a pessimistic anthropology, which is not only compatible with but also inevitable component for a more honest understanding of the free society.

著者

内野 正幸

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.97-108,232, 2004-10-20 (Released:2008-11-17)

参考文献数

22

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Feminism has been considered to be imcompatible with biological sciences such as anthropology. In particular, minimalism-oriented feminists tend to dislike studies on sex difference. Actually, some biological scientists have been apt to justify the discriminative status quo. However, we should inquire the way for feminism compatible with biological sciences. In addition, we should be aware that feminism asserted to the Third World countries would be in collision with the request for respect of their cultures, and hence with cultural relativism.

著者

辻村 みよ子

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.2003, pp.81-96,232, 2004-10-20 (Released:2008-11-17)

参考文献数

36

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The Second Wave Feminism has criticized the modern concepts of ‘Universal Human Rights and Citizenship’ through the criticism on the public-private dichotomy. It had a tremendous impact on Feminist Jurisprudence or Women's Legal Theory established in 70's, which has developed into the Gender Law Studies since 90's. We have to reconstruct ‘Human Rights and Citizenship’ Theories in the aspect of the Gender Law Studies and improve the relation between Gender and Sovereignty or State Power. Because it is indispensable for women to participate in the political decision making toward the Gender Equal Society. Gender Law Program which provides the theoretical standpoint and perspectives for Gender Equal Society should be established for the consciousness raising, critique or textual deconstruction, theorizing law's gendered nature, and feminist practical reasoning. The role of Gender Law Studies would be enormous in order to promote the Gender Equal Society in the 21st century.

著者

齋藤 有紀子

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.2003, pp.43-55,234, 2004-10-20 (Released:2008-11-17)

参考文献数

14

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In Japan, people's sexual and reproductive issues have been controlled by two laws, i. e., the Penal Code, which stipulates that abortion is illegal and the Eugenic Protection law, which is now revised as the Maternal Protection Law under the Ministry of Health, Welfare and Labour. The very existence of illegal abortion (prohibition of abortion) implies that in Japan people do not have the freedom to decide whether to have a child or not. This situation remains unchanged. Meanwhile, one of the slogans which was advocated more than 40 years ago by one of the most adical challenged people's groups in Japan was “Mothers, do not kill!” This slogan expresses challenged people's anger at the reality of the time when those parents raising challenged children kill their children by themselves or when those parents commit both infanticide and suicide so that the general public's sympathy is directed not to the children who have been killed but to the parents who have killed them. Now challenged people in Japan express repulsion at the ongoing practice of aborting challenged fetuses. They are focusing their attention on whether the concept of women's reproductive rights includes the right to abort challenged fetuses. They feel threatened by women's claim for the abortion of challenged fetus as their right. The debate on prenatal testing in Japan often focuses on the opposition between “women and challenged people” and “eugenic issues”, rather than the relationship between “women and fetuses, ” because of the aforementioned backgrounds of challenged people's movements. Now women's groups and challenged people's groups are starting to have joint discussions with the rights of both women and challenged people in scope. We need to notice these discussions, and seek ‘Justice’ to regulate technologies, which intrude into human reproductive and sexual issues.

著者

樺島 博志

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.133-140,231, 2004-10-20 (Released:2008-11-17)

参考文献数

14

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Due to the terror on the 11th September 2001, we are aware of the imminent problem of “the clash of civilizations”. It is important for legal philosophers to find out a common perception of justice, so as to overcome political, economical or religious conflicts. By the assassination, the terrorist must confront with the question about the legitimacy of his act. If he justified his murder, he could also justify the terrorism. This justification, however, would come from nihilism. If he cannot justify his murder, his assassination must be injustice. But then, why should he victimize his own life There is a leading case for this problem in the Russian revolution. On the 2 nd February 1905, one of the terrorists, Kalj aev, went to assassinate the Great Prince of Sergius with a bomb, but found a nephew and a niece of this in the wagon. At this moment, he forwent to explode the bomb, in order not to kill the children. After two days, he killed him successfully. According to Boris Savinkov's autobiography, the terrorists aimed to rescue the suffering fellows from the Czarism and to realize the peaceful world. They could not, however, achieve this ideal, because they combated with the violence. They must be agonized, because they murdered another person, even if an evil politician, and contradicted their own idea. Three authors brought up the Kalj aev's action into the literature: Savinkov himself in “The Sallow Horse” (1907), Jiro Osaragi in “The Poet” (1933) and Albert Camus in “Les Justes” (1949). And then Kazumi Takahashi compared these literatures in “Philosophy of Assassination” (1967). We can find, nowadays, a basic approach in this historical affair and these intellectual goods to orient the living of the humankind in the 21 st century to a common idea of justice beyond cultural or religious differences.

著者

堀口 悦子

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.2003, pp.32-42,235, 2004-10-20 (Released:2008-11-17)

参考文献数

9

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Sexual harassment has three types-Quid Pro Quo, hostile condition of work, and gender discrimination types. Sexual harassment is defined as unwelcome sexual behavior toward partner or people. Sexual harassment is abuse of human rights, and is sexual and gender discrimination. Harm caused by sexual harassment is various from use of words to rape. Places where sexual harassment can happen are also various. 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. 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. Second, university or college. Sexual harassment at universities and colleges is called “campus sexual harassment” in Japan. 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. 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. Fourth, sports. Sportswomen are threatened with sexual harassment by their coaches. Fifth, hospital or medical institutions. In Japan, “power harassment” by doctors becomes a big issue. And sexual harassment by doctors becomes an issue, too. Sixth, area-neighborhood. Sexual harassment is caused by neighbors. 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

伊藤 敬也

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.2002, pp.167-174, 2003-10-20 (Released:2008-11-17)

参考文献数

19

著者

大森 秀臣

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.2002, pp.175-182, 2003-10-20 (Released:2008-11-17)

参考文献数

9

著者

清水 徹英 ミシェル ビラマヨア ジュリアン ケラウディ ダニエル ルンディン ウルフ ヘルマーソン

出版者

一般社団法人 日本真空学会

雑誌

Journal of the Vacuum Society of Japan (ISSN:18822398)

巻号頁・発行日

vol.60, no.9, pp.346-351, 2017 (Released:2017-09-13)

参考文献数

29

被引用文献数

2

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This is to review a novel approach stabilizing reactive mode at transition regime in reactive high-power impulse magnetron sputtering (R-HiPIMS). The proposed method is based on a real-time monitoring of peak discharge current. To stabilize the process conditions at a given set point, a feedback control system, which automatically regulates the pulse frequency, and thereby the average sputtering power, was implemented to maintain a constant maximum discharge current. As a representative result, the variation of the pulse current waveforms over a wide range of reactive gas flows and pulse frequencies during a R-HiPIMS of Hf in an Ar-N2 atmosphere illustrates that the discharge current waveform is an excellent indicator of the process conditions. Applicability of the proposed method was successfully demonstrated.

著者

奥田 純一郎

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.2002, pp.158-166, 2003-10-20 (Released:2008-11-17)

参考文献数

3

著者

菅 富美枝

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.2002, pp.141-149, 2003-10-20 (Released:2008-11-17)

参考文献数

29

著者

戒能 通弘

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.2002, pp.123-130, 2003-10-20 (Released:2008-11-17)

参考文献数

36

著者

上本 昌昭

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.2002, pp.150-157, 2003-10-20 (Released:2008-11-17)

参考文献数

24

著者

森村 進

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.2002, pp.110-114, 2003-10-20 (Released:2008-11-17)

参考文献数

1

著者

市原 靖久 濱 真一郎 角田 猛之

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.2002, pp.115-122, 2003-10-20 (Released:2008-11-17)

著者

石山 文彦

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.2002, pp.98-109, 2003-10-20 (Released:2008-11-17)

参考文献数

8

著者

鳥澤 円

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.2001, pp.195-201, 2002-10-30 (Released:2008-11-17)

参考文献数

12

著者

小田 淑子

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.2002, pp.44-58, 2003-10-20 (Released:2008-11-17)

参考文献数

3