The Japanese Journal of Law and Political Science
Online ISSN : 2432-1559
Print ISSN : 0386-5266
ISSN-L : 0386-5266
Volume 22
Displaying 1-18 of 18 articles from this issue
  • Article type: Cover
    1986 Volume 22 Pages Cover1-
    Published: May 20, 1986
    Released on J-STAGE: November 01, 2017
    JOURNAL FREE ACCESS
    Download PDF (25K)
  • Article type: Cover
    1986 Volume 22 Pages Cover2-
    Published: May 20, 1986
    Released on J-STAGE: November 01, 2017
    JOURNAL FREE ACCESS
    Download PDF (25K)
  • Article type: Appendix
    1986 Volume 22 Pages App1-
    Published: May 20, 1986
    Released on J-STAGE: November 01, 2017
    JOURNAL FREE ACCESS
    Download PDF (523K)
  • [in Japanese]
    Article type: Article
    1986 Volume 22 Pages 1-2
    Published: May 20, 1986
    Released on J-STAGE: November 01, 2017
    JOURNAL FREE ACCESS
    Download PDF (209K)
  • [in Japanese]
    Article type: Article
    1986 Volume 22 Pages 3-4
    Published: May 20, 1986
    Released on J-STAGE: November 01, 2017
    JOURNAL FREE ACCESS
    Download PDF (126K)
  • Kazuo ICHIEN
    Article type: Article
    1986 Volume 22 Pages 5-17
    Published: May 20, 1986
    Released on J-STAGE: November 01, 2017
    JOURNAL FREE ACCESS
    I Preface II Concept of Science 1)Mental action to search for truth 2)Systematized knowledge III What Is Education?-Practice to bring up others according to his image of an ideal man IV Some Original Problems Retating to Science 1)Science can be realized only when one is freed from a preoccupied conclusion. 2)Science values"originality"of knowledge. 3)Critical mind-Struggle for truth 4)Keen sensibility to the changing outside world V Origin of Science-What really makes science into existence is the man himself. VI Conclusion-Appeal to university staff
    Download PDF (889K)
  • Takeshi TOMINAGA
    Article type: Article
    1986 Volume 22 Pages 18-27
    Published: May 20, 1986
    Released on J-STAGE: November 01, 2017
    JOURNAL FREE ACCESS
    It is generally explained that parliamentary government in the Japanese Constitution belongs to the English type. But, in the MacArthur draft it was not modeled upon the English type. The drafters of the MacArthur Constitution thought that the Cabinet was not made as powerful as a Cabinet in England. For example, the power of the Cabinet to dissolve the Lower House was limited only after the passage of a resolution of non-confidence. However, the provision of the dissolution was amended on the part of Japan and changed to the English type. We can find several different points between the Japanese Constitution and the MacArthur draft. This paper contains the following items:1.Introduction 2. Thoughts of parliamentary government on the part of Japan 3. Thoughts of parliamentary government on the part of G.H.Q.4. The process from the MacArthur draft to establishment of the Japanese Constitution 5. Conclusion
    Download PDF (718K)
  • Norichika SAEKI
    Article type: Article
    1986 Volume 22 Pages 28-37
    Published: May 20, 1986
    Released on J-STAGE: November 01, 2017
    JOURNAL FREE ACCESS
    In this study, I attempt to analyze the theories of natural law during the period leading up to the American Revolution through some pamphlets published in those days. As a conclusion, I survey the natures of the American theories of natural law in this period as follows:(1)They depend heavily upon the natural law theories of Europe. (2)They had a close relation to political necessities, natural rights being emphasized. (3)They were colored considerably by religion esp.a rationalized form of Puritanism.
    Download PDF (793K)
  • Hiroko HONDA
    Article type: Article
    1986 Volume 22 Pages 38-47
    Published: May 20, 1986
    Released on J-STAGE: November 01, 2017
    JOURNAL FREE ACCESS
    Since the Divorce Reform Act was passed in 1969-enforced in January, 1971, the only basis for divorce is the irretrievable breakdown of a marriage. The criticism that has been levelled against the present system is the multiplicity of courts in which proceedings may be brought. Then, a prevailing opinion of today is that we could get over these weak points by introducing a new integrated family court. In the end, however, it has not been realized yet. In Britain this system is thought to be continued for the moment.
    Download PDF (760K)
  • Tamotsu SAEGUSA
    Article type: Article
    1986 Volume 22 Pages 48-61
    Published: May 20, 1986
    Released on J-STAGE: November 01, 2017
    JOURNAL FREE ACCESS
    Mit dem Fortschritt des sozialen Lebensverhaltnisses ist heute sehr der Individualismus entwickelt. Seine Entwicklung und Ausbildung brachte weiter die Verschiedenheiten des Wertbewusstseit dadurch hervor, dass sie das soziale Lebensverhaltnis komplizierte. Folglich kame es in Fragen, wie die Einwilligung des Verletzten, die unter den Verschiedenheiten des Wertbewusstseit als Strafwurdigkeitsausschliessungsgrunde funktioniert, um ausdrucklicher Einrichtung von Bereich und Grenze der Ausschliessung willen verstanden wird. In diesem Beitrag sahe ich als gultig an, dass die Einwilligung des Verletzten zwischen Einverstandnis als Tatbestandsausschliessunggrund und Einwilligung als Rechtfertigungsgrund unterscheeidet, dass sie innerhalb der Interessenpreisgabe oder der Rechtsschutzverzicht ist. In der Tatbestandsstufe sollte dabei erst das Einverstandnis des Verletzten das mangelnden Interessesein, da dar Tatbestand fur den formellen Unrechtstypus angesehen wird. Dann in der Unrechtsstufe vermindert durch die vom Standpunkt des Erfolgsunwerts aus getane Rechtsguterabwagung die Einwilligung des Verletzten den Erfolgsunwert, und schliesslich wurde die strafwurdige Rechtswidrigkeit ausgeschlossen, wenn sie die in Tatbestand vorausgesehene Rechtswidrigkeit unterschreitet. Also auch lasst sich die Theorie von strafwurdigen Rechtswidrigkeit auf die Einwilligung des Verletzen als Einheitsgrundsatz anwenden, die konnte eine objekte Anleitung von Strafwurdigkeitsausschliessungen vorbringen. 1. Einleitung Die "Einwilligung des Verletzten" in die moderne Rechtsgemeinschaft 2. Einverstandnis als Tatbestandsausschliessung und Einwilligung als Rechtfertigung (1) Das Wesen der "Einwilligung des Verletzten" Interessenpreisgabetheorie und Rechtsschutzverzichtstheorie (2) Die Standpunkte von der "Einwilligung des Verletzten" Hndlungsunwert und Erfolgsunwert 3. Schluss
    Download PDF (1255K)
  • Kosaku NOMURA
    Article type: Article
    1986 Volume 22 Pages 62-73
    Published: May 20, 1986
    Released on J-STAGE: November 01, 2017
    JOURNAL FREE ACCESS
    This paper is a study of Leagan's economic policy and it's legal control with the analysis of Merger & Acquisition early in the 1980's. Particular attention is paid to Anti-Trust Policy and to Deregulation Policy of Legan's government, and we attempt to comprehend the historical meaning of M & A. We have no trouble in finding the typical case as to the transitional position of Anti-Trust Policy;there excerpted, the legal case of ATT, IBM. And then, these amicable settlements above mentioned leaded to one conclusion that U.S.political economy would get a vital power like in the 1960's. Pax Americana II, that is the target of Leagan's political strategy. And it will be realized only through the accumulation of economic vital performance. We, howerer, lastly would like to propose some problems on the future of U.S.economy, especially on the "Merger Wave". This paper contains the following items:I Introduction II Outlook for the wave of Merger & Acquisition III The legal case of ATT, IBM problems IV Political Economy of M & A V Reaction of FTC and Congress VI Some consideration
    Download PDF (943K)
  • Takumi HASE
    Article type: Article
    1986 Volume 22 Pages 74-87
    Published: May 20, 1986
    Released on J-STAGE: November 01, 2017
    JOURNAL FREE ACCESS
    The recognition of a new government within a State normally arises in international practice only when a government has been changed by revolution or a coup d'etat. In such unconstitutional change of government, foreign governments are necessarily confronted with the problem whether they shall recognize the new government, or whether they shall only have partial relations with it. On these subjects both the United Kingdom and the United States have made notable contributions both of ideas and precedents in the law of recognition. British practice has closely followed the Lauterpacht doctrine that the recognition of both States and governments was a duty for States to recognize entities which satisfied the international requirements of States or governments, and it usually recognized all governments which are able to exercixe effective control of the territory of the State concerned. By contrast, the United States' practice has emphasized the distinction between factual existence of a government and its recognition, and essentially the United States' recognition implied its approval of such a government. The United Kingdom and the United States have not only follwed different policies in relation to recognition, but also they have taken a different view of recognition. As non-recognition has often been used as a mark of disapproval, English recognition has sometimes been misinterpreted as implying approval. This is especially so even in the recognition afforded to new regimes committing massive violations of human rights. On the other hand, in the United States nonrecognition was"a political weapon wielded to force the new government to make concessions to the demands of the recognizing State."It is, however, generally considered in the United States that the effectiveness of nonrecognition in achieving changes in the attitudes of the unrecognized government has been substantially reduced in recent years. Thus both governments have concluded that there are practical advantages in following the policy of not according recognition to governments. Therefore, they at last have decided that they would no longer recognize governments, although they continue to recognize State in accordance with common international doctrine. This policy originated in Mexico is generally known as the Estrada doctrine and it has been applied in recent years by several other states including France, Spain and Belgium. It is true that the Estrada doctrine has been adopted by a few states before, but they have not always applied it consistently. It will be controversial whether both the United Kingdom and the United Stated will be able to continue their new recognition policy with their consistent attitude in the future. In any way, even though express recognition is abolished, the entire system of recognition of governments will never be abolished and implied recognition will be continued through diplomatic relations or other dealings with a foreign government.
    Download PDF (1270K)
  • Yoshihisa SUGIYAMA
    Article type: Article
    1986 Volume 22 Pages 88-98
    Published: May 20, 1986
    Released on J-STAGE: November 01, 2017
    JOURNAL FREE ACCESS
    Under the Alien Registration Law"alien"residents living in Japan over a year shall be required to be fingerprinted. In recent years a considerable number of"alien"residents have refused to be fingerprinted, and some of its cases have come before the courts. They have argued that registration by fingerprint is criminal-like treatment, which they find unpleasant and insulting, and if Japanese citizens were not required to be fingerprinted, it would be discrimination against aliens to impose it only on them. In this essay I have attempted to do four things as follows. In the first place, I have descrived the historical aspects of the administration concerning alien registration and the process of introducing fingerprinting procedure, identifying the principle and aim of the legislation. Secondly, I have ascertained doubtful points of its necessity and effectiveness in considering the present operation of fingerprinting procedure. Thirdly, I have analyzed the two cases in 1984 in which refusers were convicted of violating the Alien Registration Law. Fourthly, some problems of the cases mentioned above have been discussed. I have reached the conclusion that fingerprints are a kind of privacy, hence the fingerprinting requirement against their will violates individual dignity;that the legal system to give formal and same treatment to all aliens in Japan should be criticized, and by classifying them in substance, "alien"residents living in Japan should be particularly given the same legal status as Japanese citizens;and that the fingerprinting requirement is a breach of the rule of equality between aliens and Japanese citizens. Accordingly I have taken the view that the fingerprinting provided under the Alien Registration Law violates Article 13 and 14 of the Constitution of Japan.
    Download PDF (1045K)
  • Article type: Appendix
    1986 Volume 22 Pages 99-101
    Published: May 20, 1986
    Released on J-STAGE: November 01, 2017
    JOURNAL FREE ACCESS
    Download PDF (141K)
  • Article type: Bibliography
    1986 Volume 22 Pages A11-A1
    Published: May 20, 1986
    Released on J-STAGE: November 01, 2017
    JOURNAL FREE ACCESS
    Download PDF (390K)
  • Article type: Appendix
    1986 Volume 22 Pages App2-
    Published: May 20, 1986
    Released on J-STAGE: November 01, 2017
    JOURNAL FREE ACCESS
    Download PDF (27K)
  • Article type: Cover
    1986 Volume 22 Pages Cover3-
    Published: May 20, 1986
    Released on J-STAGE: November 01, 2017
    JOURNAL FREE ACCESS
    Download PDF (34K)
  • Article type: Cover
    1986 Volume 22 Pages Cover4-
    Published: May 20, 1986
    Released on J-STAGE: November 01, 2017
    JOURNAL FREE ACCESS
    Download PDF (34K)
feedback
Top