The Japanese Journal of Law and Political Science
Online ISSN : 2432-1559
Print ISSN : 0386-5266
ISSN-L : 0386-5266
Volume 25
Displaying 1-20 of 20 articles from this issue
  • Article type: Cover
    1989Volume 25 Pages Cover1-
    Published: May 20, 1989
    Released on J-STAGE: November 01, 2017
    JOURNAL FREE ACCESS
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  • Article type: Cover
    1989Volume 25 Pages Cover2-
    Published: May 20, 1989
    Released on J-STAGE: November 01, 2017
    JOURNAL FREE ACCESS
    Download PDF (35K)
  • Article type: Appendix
    1989Volume 25 Pages App1-
    Published: May 20, 1989
    Released on J-STAGE: November 01, 2017
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  • Yoshizo OHOKUBO
    Article type: Article
    1989Volume 25 Pages 1-11
    Published: May 20, 1989
    Released on J-STAGE: November 01, 2017
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    1. After "Utage" and Before "Utage" 2. Before the first legal proceeding of privacy judgement, "Utage no ato" affair 3. After the first legal proceeding of "Utage no ato" affair 4. Conclusion-feeling to privacy
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  • Tsuyoshi HIRAMATSU
    Article type: Article
    1989Volume 25 Pages 12-19
    Published: May 20, 1989
    Released on J-STAGE: November 01, 2017
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    1. Das Recht auf Schutz der Privatsphare als freiheitrechtliche Sphare des Rechts auf personliche Integritat(1)Entstehung des Rechts auf Schutz der Privatsphare(2)Anordnung des Gegensatzes zwischen dem Recht auf Schutz der Privatsphare und dem Recht auf freien Ausdruck 2. Das Recht auf informationelle Selbstbestimmung als sozialrechtliche Sphare des Rechts auf personliche Integritat 3. Uber den erfolglosen Versuch eine gemeinsame Definition beider Rechte zu schaffen
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  • Yoshikazu KURE
    Article type: Article
    1989Volume 25 Pages 20-32
    Published: May 20, 1989
    Released on J-STAGE: November 01, 2017
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    This paper is a summary from my presentative given at Japan Association of Legal and Political Sciences in November of 1988 1. Introduction 2. The Current Status in Local Government 3. The Relation between Disclosing Information to the Public and Privacy regulation 4. The Practice of Privacy information in the regulation 5. The Display and Correction on self information 6. Conclusion
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  • Hirofumi IDOTA
    Article type: Article
    1989Volume 25 Pages 33-43
    Published: May 20, 1989
    Released on J-STAGE: November 01, 2017
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    Ensuring personal privacy is one of the most controversial problems in Japan today. Infringement of an individual's rights to privacy have often occured in relation to the system of public access to family registers;that is, the public perusal, or obtaining of certified copies or abstracts of family registers by another person. That being the case, restrictions to access are growing more necessary. Incidentally, the principle of public access to family registers was enacted in the Family Registration of 1898-Meiji 31. This paper aims at clarifing, with the help of the documentary records, the legislative process as it relates to public access to family registers before the Family Registration Law in 1898. This bibliographical report is a preliminary step in the study preparing a thesis on the privacy problems through the family register system.
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  • Takeshi YAMAOKA
    Article type: Article
    1989Volume 25 Pages 44-85
    Published: May 20, 1989
    Released on J-STAGE: November 01, 2017
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    1. Preface 2. A public opinion poll on protecting the right of Privacy(1)The summary of investigation(a)The content of investigation(b)The method of investigation(c)The result of data collection(d)The structure of sampling(e)The questionaires used(2)Results of the investigation and analysis 3. Conclusion
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  • Hitoshi KIRIYA
    Article type: Article
    1989Volume 25 Pages 86-96
    Published: May 20, 1989
    Released on J-STAGE: November 01, 2017
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    The theories of neo-corporatism open up a new area of comparative political analysis:to understand the political settings in developed capitalist countries in the 1970s. This paper examines the neo-corporatist theories in both sides of interest representation and policy formation. A close investigation of the literature indicates that the focus tends to display the importance of neo-corporatism as an explanatory concept for the analysis of politics at the macro-level. The paper concludes that the accumulation of the mesolevel hypotheses would lead to the utility of the neo-corporatist paradigm.
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  • Hideaki KUWABARA
    Article type: Article
    1989Volume 25 Pages 97-106
    Published: May 20, 1989
    Released on J-STAGE: November 01, 2017
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    This paper analyses the policy process of Basic Self Governments in japan. According to the municipal survey and Path Analysis, our policy process is mainly restrained from central government indiceted so far, but this paper finds the activities of municipal pressure groups increase the fiscal policy outputs and lead to the fiscal strain in its turn.
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  • Minoru KADOWAKI
    Article type: Article
    1989Volume 25 Pages 107-116
    Published: May 20, 1989
    Released on J-STAGE: November 01, 2017
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    There are many problems arising between the managing companies of golf courses and its members. These problems arise because there aren't any laws regarding golf club membership or terms of collateral. There are only a few cases of precedents in these subject-matters. This paper is based on the decision made by The Supreme Court of Japan dated 1989. 9. 11. Specifically, the paper submits in light of the above-mentioned problems the nature of golf club memberships, the legal position of the managing companies of golf courses, and the protection of golf-club members. 1. Introduction 2. Characteristics of golf clubs and the legal nature of golf club membership 3. Specific problems arising from golf membership 4. Conclusion
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  • Etsuko FURUHASHI
    Article type: Article
    1989Volume 25 Pages 117-128
    Published: May 20, 1989
    Released on J-STAGE: November 01, 2017
    JOURNAL FREE ACCESS
    It is well known that the Swedish programs for child care have been developed based on the demographic policy to increase its national population. The Swedish Government financially assists each families with child through social security programs in accordance with its own policies. Since 1937, the Swedish Government had gradually expanded the programs to those fields, such as birth care with free charge, maternity benefit and children's allowance and so on. In 1974, the Parental Leave Act was introduced in order to provide parental benefits for working parents and even for those who are staying at home. The institutions for child care were also established. The Swedish policy development toward the 1990's are in progress on those subjects, such as shorter working houres, more generous parental leave and roles between women and men in their own homes, in order to achieve their better working and family leves.
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  • Kimio VAN
    Article type: Article
    1989Volume 25 Pages 129-137
    Published: May 20, 1989
    Released on J-STAGE: November 01, 2017
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    Die versteckte Ruckverweisung ist eine Variante des Renvoi-Phanomens insbesondere bei Sachverhalten, dei Beruhrung mit dem anglo-amerikanischen Rechtskreis haben. Ihre Eigenart beruht auf der vom Kontinental-europaischen Recht teilweise abweichenden Kollisions-rechtlichen Methode des Common Law. Im Internationalen Familienrecht Grossbritanniens und der USA gibt es bekantliche Anknupfungsstatbe stande, auf die stets das gerichtseigeve angelsachsische Sachrecht als lex fori angewendet wird, Safern die anglo-amerikanischen Gerichte Entscheidungsbefugnis in Form der "Jurisdiction" haben. Im Gegensatz zur Konstruktion der "versteckte Ruckverweisung" geschieht das aber nicht durch "Rechtsortbildung, sondern in strikten Einklang mit Wertungen und System der geltenden Gesetztlage. Aber Japanische Internationalen Privatrecht-Horei-Art 29 beachtet nicht den anglo-amerikanischen Konfliktrecht. In Japanische Konfliktrecht ist die versteckte Ruckverweisung unrecht.
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  • Hiroyoshi SEGAWA
    Article type: Article
    1989Volume 25 Pages 138-149
    Published: May 20, 1989
    Released on J-STAGE: November 01, 2017
    JOURNAL FREE ACCESS
    Regarded as a rule of international Law, rebus sic stantibus poses the questions of how it originated and what effects it has hed. I have considered these questions as the focus of the present study. As a result of it, one of the most interesting features of 'rebus sic stantibus' is that it has been interpreted differently in each historical period as to serve a purpose particular to that given period. In order to emphasize the historical aspects of 'rebus sic stantibus', I have traced its development from its appearance to the present day, in terms of how it has been practiced by States.
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  • Sogo IKEDA
    Article type: Article
    1989Volume 25 Pages 150-156
    Published: May 20, 1989
    Released on J-STAGE: November 01, 2017
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    As the year 1941 wore on, it become obvious that war was inevitable. The decision on the part of the militarists, who were now definitely in the sadle, was cool and calculated. But, the Japanese miscalculated. In this delusion the Japanese showed themselves to be so blinded by their own nationalistic and militaristic propagand. The Japanese started the war with a successful attack on Peal Harbor at dawn on Sunday, December 8, 1941. The Japanese attitude was no more surprising than the resolution and skill with which the Americans started about the task of turning the page for the Japanese. All too often in recent years the United States has not been prepared for the responsibilities which world leadership has forced upon her, but she was ready for the task in Japan. For years the State Department had been preparing for the problems of post-war Japan, and in the months preceding the surrender an over-all American policy had been agreed upon through the State-War-Navy Coordinating Committee. Drawn up by experts, especially Dr. Hugh Borton, unhampered by external political pressures, this policy showed the mark of true statemanship. It was based on the realization that a policy of revenge would only breed harted and unrest. The most important reform of occupational policy was theory concerned the position of the emperor. Many Americans had advocated the trial of the reigning emperor as the major war criminal and the abolition of the monarchy by force. However, Dr. Borton would have thought neither wise nor just. The Potsdom proclamation had promised that the future government of Japan would be "established in accordance with the freely expressed will of the Japanese people", the vast majority of the Japanese continued to venerate the emperor. Moreover, they were aware that the he personally should not be held responsible for the war.
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  • Article type: Bibliography
    1989Volume 25 Pages A13-A1
    Published: May 20, 1989
    Released on J-STAGE: November 01, 2017
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  • Article type: Appendix
    1989Volume 25 Pages App2-
    Published: May 20, 1989
    Released on J-STAGE: November 01, 2017
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  • Article type: Appendix
    1989Volume 25 Pages App3-
    Published: May 20, 1989
    Released on J-STAGE: November 01, 2017
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  • Article type: Cover
    1989Volume 25 Pages Cover3-
    Published: May 20, 1989
    Released on J-STAGE: November 01, 2017
    JOURNAL FREE ACCESS
    Download PDF (44K)
  • Article type: Cover
    1989Volume 25 Pages Cover4-
    Published: May 20, 1989
    Released on J-STAGE: November 01, 2017
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    Download PDF (44K)
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