日本の老人擁護の歴史における高齢者虐待防止要因 : 古代から江戸時代まで

抄録

In the modern society, the elderly abuse is prevented by the fundamental human rights. However, in the modern society, any sufficient inspection of the significance and the essential qualities of the human rights has never been accomplished. Why are the human rights indispensable for the human being? What is the legitimacy of the human rights? Is it necessary to examine the means of the elder person protection at the time when the human rights were not guaranteed. This study is focused on the elder person protection means from the ancient times to the Edo era. I have looked through the documents from the ancient times to the Edo era, and then examined the means of the elder person protection. As a result, I found that the Buddhism and the Confucianism thoughts, as well as an affection of the nature were the essential means of the elder person protection. In particular, the Confucianism thought, which was backed up by the power of the state, was strongly influential in the elder person protection. However, these protection means reflected differently on the people due to their social status. I like to continue to promote this sort of study of the legal question of human rights concerning the elderly abuse on the basis of this present study.