It may well be said that constitutions follow the trend of world history. How the rights of equality between both sexes have gradually been guaranteed is briefly described and explained from the historical point of view. Next the freedoms and rights guaranteed especially to women by the Constitution of Japan are surveyed. Article 14, 24, 44 of the Constitution and the laws relating to them are described and explained.

抄録全体を表示

This thesis consists of four parts:(1)preface, (2)responsibility for war of the Emperor viewed from the standpoint of constitutional law, (3)responsibility for war of the Emperor viewed from the standpoint of international law, (4)conclusion. Prof. Hasegawa places constitutional responsibility on World War II for the Emperor in his thesis. But his opinion is wrong, because the Meiji Constitution adopts a principle of irresponsibility of a monarch after the examples of foreign constitutional monarchies. Prof. Hoshino places responsibility of international law on World War II for the Emperor in his thesis. But his opinion is wrong, because we can not find such grounds in Art. 227 of the Versailles Treaty in 1920 and also in Cl. 10 of the Potsdam Declaration.

抄録全体を表示

It goes without saying that the freedom of speech and expression are secured in our country, it is deserved claim that we can freely conduct election under parliamentary democratic government. Nevertheless there are various complicated regulations in the Public Office Election Law of our country for a just cause of realization of impartial and orderly election and establishment of sound parliamentary democratic government, therefore the violators are to be punished. However the content of the regulations of the Public Office Electian Law concerning an election campaing dosen't necessarily coincide with public opinion, and what is worse it can be said that it has some regulations that are unfavourable to the voters, though it is generous to both the candidates and the campaingners by a close investigation of the content of regulations and punishment of it. In this paper for the illustration of the fact mentioned above we chose the 142th article of the Public Office Election Law to verify every problems in it from the constitutional point of view.

抄録全体を表示

It was "De L'Esprit des Loix", that is, "Sprite of Laws" written by Montesquieu in Io, 1748 that had greatly affected the morden thought as to laws not only in West European countries but also in Japan. In spite of the excellent book being worth reading, it was too hard a book, it goes without saying that the difficulty was not in the book but in readers, for many people to understand. However, in 7, 1875 Tadaichi Suzuki translated into Japanese out of the French original, whose work was named "Ritsureiseigi." I would make a study of an enduring problem that faces us, that is, what law is by discerning some order within a mass of their materials. 1. Introduction 2. The awakening of the morden thought as to laws in Japan and Tadaichi Suzuki 3. The construction of "Ritsureiseigi" 4. About the introductory remark of "Ritsureiseigi" 5. About Montesquieu 6. Conclusion

抄録全体を表示

This paper is a summary from my presentative "Counsultative Bodies of Municipality" given at Japan Association of Legal and Political Sciences in May of 1986. 1. Counsultative Bodies of National Level a. The merit and the demerit of counsultative bodies b. The back ground 2. The Status Quo and problems in Kishiwada City a. The outline of Kishiwada b. The relation with assembly men c. The relation of members d. The participation of the citizens 3. Conclusion There are some problems on the counsultative vodies in Kishiwada City. a. The same member is selected b. Many assemblymen is selected

抄録全体を表示

The recognition for women's problem is, first of all, necessary when we argue on the legal status of women and the policy for the advancement of women. It was in 1985 that "The United Nations Decade for Women" came to an end. And the guide line of women's elevation to the desirable status toward the year of 2000, what we call "The Forward-Looking Strategies" for solution of women's problem were shown in the world conference in Nairobi. Such a standard of the world conference for "The United Nations Decade for Women" was wholly based on "The Convention on the Elimination of all Forms of Discrimination against Women"(in June, 1985, in Japan ratified). The policy for the advancement of women as well as the elevation of legal status of women nowadays in Japan depend of course upon The National Plan of Act on the basis of "The Convention on the Elimination of all Forms of Discrimination against Women."

抄録全体を表示

The Family Law shall be understood from the standpoint of individual dignity and the essential equality of the sexes since The Civil Code was revised after World War II. However, the woman problems of these days have resulted from the substantial inequality of the sexes in family relations-marriage, divoce, support, succession and other matters pertaining to marriage and the family. To grasp the domestic chores of wives is the key to settle the woman problems in the Family Law. In economics the domestic chores do not produce "Value", but in law, must value it. We can not understand the subject of the woman problems unless we understand it. Furthermore, we had better take a good look at ourself in the area of family relations.

抄録全体を表示

There are many judicial decisions on legal settlement about unincorporated association. But, nothing is theoretically perfect. In this case, the head of unincorporated association made an application for registration of immovables belonging to association under the name of his own. But, the head was changed. Has new head a claim to an alteration of registration on a former head? I examined this problem on the basis of a case in the Supreme Court. 1. outline of the fact 2. a. what is unincorporated association? b. what are the problems in the real property registration? 3. study of the case 4. introduction of the theory and critique of it

抄録全体を表示

"The cy pres doctrine", as generally understood in the United States, is that which permits a gift for a charitable purpose which cannot, for one reason or another, be carried out as directed by the donor, to be applied as nearly as may be to the fulfillment of the underlying charitable intent. A much more important power of the cy pres doctrine is one which is confined to charitable trusts only, namely, the cy pres power. If a direction of the settlor as to method of operation of the charity is originally, or later becomes, highly disadvantageous to the accomplishment of the charitable objectives of the settlor, the court may direct the trustee to ignore the clause in question. A prerequisite to the use of cy pres doctrine is a finding that the settlor had a general charitable intention to aid charity as a whole. And the court has power to change administrative provisions in charitable trusts where the settlor's directions hinder the trustee in accomplishing the trust purpose. The court also has the power under the cy pres doctrine to order the trust funds to be applied to a charitable purpose different from that named by the trustor, where the settlor had a general charitable intention and the accomplishment of the settlor's charitable purpose is impossible, impractical or illegal. This paper contains the following items; I Introduction II The cy pres doctrine on American charitable trust 1 The cy pres doctrine on charitable trust 2 Applicable conditions of the cy pres doctrine i The case of Evans v. Abney ii The case of Howard Savings Institution v. Peep III A problem with regard to the application of the cy pres doctrine in Japanese trust

抄録全体を表示

In diese Abhandlung will Ich den Sinn von "Fehler" in §1 des Gesetz der Staatsersatzhaftung mit Rucksicht auf den Fehler begang der Grundbuchbeamte erlautern. Bei der Eintragung, gibt es viele sehr geschickten Verfalschung mit der entwickelnden Kopie-Technik, und handert es sich damit Massnahme des Grundbuchbeamte. Denn uberprufe ich das, dass ist der Fehler mere Fahrlassigkeit.

抄録全体を表示

The retrial system, which means 'Wiederaufnahme' in German law and intends to reverse a final judicial decision, has two stage of procedures in Japan. We can not see the formal trial until the retrial start is decided by the retrial claim procedure. The retrial claim procedure has all the more important meaning because it is the core of the retrial system. But in the retrial claim procedure, as we are expected to the interpretation that claimant is not guaranteed the right of assigned counsel, large majority of poor claimant can hardly exercise the right of retrial claim. This thesis has the following aim. It leads to the interpretation that the right of assigned counsel shoud be guaranteed the retrial claim procedure, if basing on the view of social rights-what is called 'Sozialrecht' in German law-in the defensive right. The construction of this thesis is as follows: 1. Summary 2. Traditional thoughts and their background 3. Anti-traditional thoughts and their background 4. Thought based on 'Sozialrecht'

抄録全体を表示

Nearly one year has elapsed since the Equal Employment Opportunity Law came into effect. Collective agreements, and works rules in many enterprises are consequently being brought under revision nowadays. Accompanying this in many enterprises where the so-called course-orientated employment management is imposed, a new management system of employment is taking up a firm stance. Several problems exist within the framework of the Equal Employment Opportunity Law, however, and these may lead to individual and collective disputes in the future. It is important, therefore, to clarify how the Equal Employment Opportunity Law should be properly engaged. This can be said to be a significant task. In an attempt to reveal the proper engagement of the Equal Employment Opportunity Law, on the one hand, and its fundamental position, on the other, this paper will deal with the basic problems which prevail within it, and the disputable points of labour management which may arise with regard to it. This is to say: 1)We shall consider the fundamental position of the Equal Employment Opportunity Law, and shall delineate its principles and thought structure. 2)The basic problems within the framework of the law will be probed, together with those of legal enforcement of the endeavour and prohibitive provisions; sex-discrimination before and after enforcement of the law; the relation between this law and Article IV of the Labour Standards Law. 3)The disputable points of labour management with regard to the law will be considered with respect to the so-called course-orientated employment management system.

抄録全体を表示

The concept of equal rights for both sexes in the field of international law emerged with some momentum in the early 1600s in the writings of the Dutch jurist and statesman Hugo Grotius(1583-1645). His views on this theme were most clearly enunciated in "De Jure Praedae Commentarius, " a treatise later adapted for inclusion in his famous 1625 book, "De Jure Belli ac Pacis" (On the Law of War and Peace). Book III, chapter IV of this learned work, which emphasizes international rules of conduct, deals in part with the rights of killing an enemy in a just war, and stresses that this should be tempered with moderation and humanity. In section IX he says "After establishing these general principles, it will not be difficult to decide upon particular cases. Seneca says that 'in the calamities of war children are exempted and spared, on the score of their age, and women from respect to their sex.' In the wars of the Hebrews, even after the offers of peace have been rejected, God commands the women and children to be spared." In section VIII, IX of the same book, restates some fundamental truths as background and ends with "An extent of which we may form some conception from the very circumstances, that even women and children are frequently subject to the calamities of war." In the corollary from which the first quote was taken, and elsewhere, Grotius makes it abundantly clear that, even in a just war, the killing of women should not be an objective of an enemy force. Before the time of Grotius ordinary common law had long existed to help regulate the conduct of individuals. This unwritten foundation was based on customs, and often included handed-down precepts such as the following three key principles found in the Ten Commandments(Deuteronomy 5): Firstly, You shall not kill; secondly, Neither shall you steal(op. cit., 19); and thirdly, Neither shall you bear false witness against you neighbour. To adapt these traditional rules-first applied to the guidance of individuals-for the guidance of states, Grotius transformed, modified, modernized and rewrote the principles to help regulate relations between nations. Essentially, his codification of international law and the corollaries contained in his seminal major work, "On the Law of War and Peace, " opened the way in 1948 for the modern prohibition on genocidal weapons. His corollaries strongly emphasized that women should not be purposefully killed by an enemy, even in a just war. They also prohibited piracy(Consolato delmare was the origin of this), and stressed that the outbreaks of wars should be formally declared. Following the establishment of these corollaries, women were gradually excluded as objects of hostility and from genocidal warfare, and Grotius' viewpoints were later made the main subject of Jus Cogens under the principles of equal rights for both sexes contained in the preamble to the Charter of the United Nations(1945). His ideas were also incorporated in the Universal Declaration of Human Rights(1948), Treaty of European Protection of Human Rights and Fundamental Freedoms(1950), International Treaties of Civil and Political Rights(13 treaties 1966), and Convention on the Elimination of All Forms of Discrimination Against Women(1979). By the time the 21st century arrives, the principle of equal rights for both sexes should be universally regarded as a clear commitment, carried out as per Jus Cogens, and standing on a par with such other corollaries such as the "Declaration Regarding Non Self-governing Territory" ('73 UN Charter). In any event, all treaties and constitutions opposed to these two corollaries should have been abolished or have faded away by the time the 21st century arrives, and these two principles should be well established by that time under the concept of Jus Cogens.

抄録全体を表示

In foreword, I have traced the history of the export of public nuisances to ASEAN from Japan, and made three conceptions of the export to public nuisances, conception in a narrow sense(export of hard agricultural medicines, etc.), conception in a wide sence(contamination by over seas corporation, an oil tanker etc.), conception in the widest sense(contamination by an atomic test, and a war of aggression, etc.). We cannot afford the export of public nuisances from the next legal points, the Constitution of Japan §97 and the United Nations Charter §56, etc. Next, I have analyzed export of public nuisances to Africa from industrially advanced nations.

抄録全体を表示