政教分離訴訟運動におけるアイデンティティと法

箕面忠魂碑違憲訴訟、大阪即位の礼•大嘗祭違憲訴訟を事例として

抄録

In this article, I analyze comparatively two litigation movements, Minoo chukonhi war memorial case and Osaka enthronement ceremony and daijosai Shinto ritual case, from the perspective of A. Melucci's theory of 'new socialmovement'. Through this comparative analysis, I clarify that a dynamism that generate in the tension between a formation of social movement identity and a conduct of lawsuit, impacts upon develop and decline of the movement as whole. On the one hand, when the litigation is conducted without taking into account on the moment of formation and/or affirmation of the collective identity, there is the risk that the collective identity, and therefore the movement as such, may collapse, even though some fruits are acquired through the litigation. On the other, when the lawsuit is conducted taking into account on the moment of formation and/or affirmation of the collective identity, there is a potential for generating new movements through legal technical refinements in that lawsuit, even if the lawsuit is end up with losing.