近代法の脱構築

抄録

My article deals with a long-neglected question on Japanese defamation law: when a court order is a "specific performance"to restore a victim's reputation, should it be considered mandatory or optional?
My aim is to make an inquiry into the "coercive" nature of a court's decision. Several dichotomies and antinomies, which I took from both French and English legal traditions, have been given an analysis: remède and remedy, réparation en nature and répatation par équivalent, exécution volontaire and exécution forcée, as well as enforcement and accomplissement.