The Japanese Journal of Law and Political Science
Online ISSN : 2432-1559
Print ISSN : 0386-5266
ISSN-L : 0386-5266
Volume 29
Displaying 1-21 of 21 articles from this issue
  • Article type: Cover
    1993 Volume 29 Pages Cover1-
    Published: May 15, 1993
    Released on J-STAGE: November 01, 2017
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  • Article type: Cover
    1993 Volume 29 Pages Cover2-
    Published: May 15, 1993
    Released on J-STAGE: November 01, 2017
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  • Article type: Appendix
    1993 Volume 29 Pages App1-
    Published: May 15, 1993
    Released on J-STAGE: November 01, 2017
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  • Koji ONO
    Article type: Article
    1993 Volume 29 Pages 1-6
    Published: May 15, 1993
    Released on J-STAGE: November 01, 2017
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    From 10:00 am on January 21, 1992(Sat.)at Kansai Gaidai University, the seven members reported their research findings on the given topic, "Men and Women-Legal and Political Problems on Principle of Equality."This was followed by a question and answer session. Mr.Mamoru Kaida, a member, and I were selected as coordinators of the Symposium. Being novice coordinators, I hesitate to say that we glided through the Symposium. Nevertheless, thanks to the cooperative, understanding and tolerant members, the Symposium closed successfully. The morning session commenced with Mr.Michihiko Yamaguchi reporting on sexual discrimination from the stance of history of legal doctrine. This was followed by Mr.Shoetsu Matsumoto's talk on theories on equal employment opportunity law for men and women. The third report was given by Mr.Kotaku Ishido on changes in the legal position of women. The morning session closed with Ms.Naomi Doi on women in politics as an occupation. In the afternoon session, Ms Setsuko Nagawa led way to the podium with her report on equality in marriage. This was followed by Mr.Shigeki Kanatani's report on the positions of men and women in the eyes of administrative law. The session concluded with Mr.Naoto Shiga's talk on emploment by course and equal employment opportunity law for men and women. All reports went beyond merely drawing attention to sexual discrimination in law and politics. I was impressed that the members focused on the kinds of action we need to attain genuine equality. I found myself nodding in agreement with the comment made on the so-called protection that exists in the US where affirmative action is only in the form of law enactment. Law enactment is inclined to be a tentative and transitional measure. As a long-term policy, it creates problems.
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  • Michihiko YAMAGUCHI
    Article type: Article
    1993 Volume 29 Pages 7-18
    Published: May 15, 1993
    Released on J-STAGE: November 01, 2017
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    Even nowadays when forty-eight years already passed after the article 24 of the Japanese Constitution provided the essential equality of the two genders in accordance with the equality under the law in the article 14 of the Japanese Constitution in the democratic reconstruction of this country, we can't succeed to remove the social discrimination due to the difference of the two genders. In accordance with these legal situations, the social movements to aim the emancipation of the women are very popular even in present developed capitalist countries. Their metamorphoses were done from the women's movement before 60's years through women's liberation at 70's years to the redical feminism after 80's years. Since the Stalinist regeme of the socialist countries collapsed and ruined itself although the only two exceptions of North Korea and Red China remained, the above-mentioned social movements to aim the human emancipations are thought not to escape to break up and to diverse. In these political situations, I think to analyse the problems of law and gender as follow. 1. Significance of this symposium 2. Purposes of this report in the symposium 3. Theoretical history of law and gender (1)Law and gender in the modern legal theory (2)Law and gender in the ancient legal theory (3)Law and gender in the jurisprudence in Japan (4)Law and gender in the sociology and sociologist thoughts (5)Law and gender in the modern feminisms
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  • Shoetsu MATSUMOTO
    Article type: Article
    1993 Volume 29 Pages 19-34
    Published: May 15, 1993
    Released on J-STAGE: November 01, 2017
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    (1)The significance and intention of the Sex Disclimination Act. (2)The cases before and after the Sex Disclimination Act passed. (3)The two current cases of sex disclimination in labor law. Today, after the past of six years of the Sex Disclimination Act passed in diet in Japan, I can't suppose it is acting enough in case of the problem of sex disclimination in labor law. I recognized the gap of the idea of the Sex Disclimination Act and its practice in the female workers. As same as Sex Disclimination Act, Constitutional Law and Labor Laws will make to control the equal between male and female in working field in factories and companies.
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  • Shigeki KANATANI
    Article type: Article
    1993 Volume 29 Pages 35-45
    Published: May 15, 1993
    Released on J-STAGE: November 01, 2017
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    The Constitutional Law provides that the sexes are equal before the law. But "the equality of the sexes" does'nt prohibit the reasonable discrimination based on sexes. So Administrative law treats the sexes equally as a whole, but, we can find some provisions that discriminate the sexes. And they all are in favor of the female. For example "the Welfare Law for fatherless families and windows" gives them benefits such as a welfare loan, home help care. priorities in using public housing and so on; "the National Pention Plan Law" provides that only the female shall receive the surviver basic pention and the widow pention. These provisions which give benefits to the female seems to be based on the view that "the female lacks ability to earn one's own living" or "the female as the motherhood should be protected". But it's not fitting that only the female should be ranked as the economic weak. It should be decided indvidually whether someone lacks ability to earn one's own living. And "Bringing up one's children" is the role not only of the mother, but also of the father. Then as to child care, the female and the male should be given benefits equally or impartially.
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  • Naoto SHIGA
    Article type: Article
    1993 Volume 29 Pages 46-52
    Published: May 15, 1993
    Released on J-STAGE: November 01, 2017
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    With regard to the formation of labor contracts, the freedom of both employers and workers to conclude contracts has been preserved. As applied to employers, this freedom conveys the idea of "hiring freedom". The nucleus of hiring freedom is the freedom to apply any standard to employ any person, i.e., the freedom to select one's own workers. Until recently, sex distinctions was one of the employment criteria that were consigned to enterprise freedom. Men only and women only recruitment and hiring, along with separate standards and procedures for men and women recruitment, were widely practiced. In order to promote equal opportunity for men and women in the employment sphere, however, the Equal Employment Opportunity Law(Law Respecting the Improvement of the Welfare of Women Workers, including the Guarantee of Equal Opportunity and Treatment between Men and Women in Employment)which went into effect in April 1, 1986, established that"With regard to the recruitment and hiring of workers, employers shall endeavour to provide women equal opportunity with men". (Article 7) The purpose of this paper is interpretation on this provision. 1. Introduction……Article 7 of Equal Employment Opportunity Law and the separate-track employment system 2. Nature of Equal Employment Opportunity Law 3. Article 7 of Equal Employment Opportunity Law and freedom of hiring 4. Article 7 of Equal Employment Opportunity Law and public policy 5. Conclusion
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  • Naomi DOI
    Article type: Article
    1993 Volume 29 Pages 53-63
    Published: May 15, 1993
    Released on J-STAGE: November 01, 2017
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    This paper mainly focuses on dietwomen candidates in Japan. The percentage of women in state legislatures are 2.3% in the House of Representatives and 11% in the House of Councilors. Although they are still far from majority status, it's not mean that women are not as capable as men of handling political affairs. It has made a small number of dietwomen resulted that 1)women candidates are very few, 2)politician is regard as male's profession. Candidates are often recruited from other profession, such as lawyer, bureaucrat, and so on. Therefore it seems that the number of dietwomen mirror the female societal gains over the past decade in Japan. As a matter of course, signs of change also appear. Findings show there have been significant increase in the number of women candidates and dietwomen in opposition party, which we called "Madonna boom". This increase based on 1)adoption of proportional representation system, 2)advance of Japan Socialist Party owing to the birth of female party leader, 3)strategical candidates recruitment by Japan Communist Party. But, there have not been any changes in political party's perception that dietwomen are concerned only about "women's issues" such as equal rights and that they are often anti-establishment; this is especially obvious in the Liberal Democratic Party which has no dietwomen in the House of Representatives. This idea is apt to allow casting dietwomen as figurehead of the political party and compel them to act sterotyped female roll. And they tend to be admitted as a dietwomen who married and bred. Under any circumstances, it is expected political parties to try to find better way of recruiting women candidates and raise dietwomen to higher position.
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  • Minoru IKEDA
    Article type: Article
    1993 Volume 29 Pages 64-81
    Published: May 15, 1993
    Released on J-STAGE: November 01, 2017
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    Introduction 1. Legislative process 2. Constitutional reform 3. Senate as the chamber of territorial representation Conclusion The 1978 Constitution of Spain calls the Senate "the chamber of territorial representation", but actually it is only partly the case. This paper refers to the functions and powers of the Senate in relation to the legislative process, constitutional reform, and the autonomous communities in order to make out the real character of the Senate and raison d'etre of contemporary bicameral system.
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  • Yukio KOBAYASHI
    Article type: Article
    1993 Volume 29 Pages 82-93
    Published: May 15, 1993
    Released on J-STAGE: November 01, 2017
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    Introduction 1. The Second-Chamber-systemic in view of the proportion to the population 2. Attempt to make up the characters of the House of Councillors under the principle of public election 3. On uniqueness of the elected members in the districts in the House of Councillors
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  • Hiroko HONDA
    Article type: Article
    1993 Volume 29 Pages 94-103
    Published: May 15, 1993
    Released on J-STAGE: November 01, 2017
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    1)'Kakekomi'(Shelter) Temple of the Edo Period Under the Tokugawa Government Law concerning the people of the common class, only men were allowed to get a divorce by giving his wife a letter of divorce, while women had no right to ask for a divorce. The only possibility left for wives was to run into the so-called Kakekomi Temple, which offered distressed wives a shelter and a chance to seek an arranged divorce by the temple. Kakekomi Temple functioned as a place to solve women's problems. 2)'Kakekomi' Temple of Today The following institutions work as 'kakekomi' Temple of today: a)Homes for mothers and children b)Shelter for women in need of sicial care c)International shelter for abused women, ex. HELP (Home in Emergency of Love and Peace) These homes and organizations help to protect women's lives and women's rights. Especially, HELP has delivered foreign female workers out of forced prostiution and physical violence. For equality of men and women more efforts must be made to improve the condition of women.
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  • Mitsuhisa UMEMURA
    Article type: Article
    1993 Volume 29 Pages 104-123
    Published: May 15, 1993
    Released on J-STAGE: November 01, 2017
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    1. Introduction 2. History of political funding system 3. Public funding system and eligibility for funding 4. Dislosure of campaign expenditures 5. The state of political funds 6. Public funding received by major parties 7. Conclusion
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  • Masaki SAKURAMOTO
    Article type: Article
    1993 Volume 29 Pages 124-137
    Published: May 15, 1993
    Released on J-STAGE: November 01, 2017
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    The insolvency Act of 1986 which came into force on 29 December 1986 is based upon both Insolvency Law and Practice - Report of the Review Committee(Cmnd.8558) and A Revised Framework for Insolvency Law(Cmnd.9175). The main inspiration for the reforms was The Report of the Review Committee of Insolvency Law and Practice, the chairman of which was Sir Kenneth Cork. The Review Committee made proposals for extensive and radical changes in the law and practice of bankruptcy and corporate inslovency. The Government published its response in the form of A Revised Framework for Insolvency Law(Cmnd.9175) in which the Government intended to accept some of the proposals of the Cork Committee. I selected several of the many important changes to write about. First, law is divided into two parts:individual insolvency and corporate insolvency. This means that the complicated system was made simple and usable. Second, the Acts of Bankruptcy, which consisted of seventeen different Acts-most of which were little used-were all repealed. Third, new provisions which protect the right to occupy the family home were made to consider the welfare of the bankruopt's children and spouse. Fourth, new provisions for Voluntary arrangement, which can be implemented whether or not the debtor is bankrupt, were made. Finally, the provisions of automatic discharge were stepped up. A bankrupt can generally get automatic discharge in case of summary administration after two years and in any other case after three years. This duration(2 or 3 years) is much shorter than that of the 1976 Insolvency Act. In this new law automatic discharge is permitted to give the bankrupt a fresh start. Japanese law provides for discretionary discharge, not automatic discharge. This provision was made upon the idea that discharge is only for honest bankruptcy and it is permitted as a special favor. I think that in this highly complicated society we must - at least once - relieve bankrupts generally, except in cases where the bankruptcy procedures are being used solely in bad faith. So the discharge provision should be interpreted based upon the idea the right of bankrupt to start new economic life, but should, however, not be automatic to avoid unfairness to creditors and misuse of bankruptcy procedures.
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  • Hiroyuki NAGAYAMA
    Article type: Article
    1993 Volume 29 Pages 138-144
    Published: May 15, 1993
    Released on J-STAGE: November 01, 2017
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    1. The anatomy to August coup: the putch or the civil revolution? 2. Coup as a revolt in a regime 3. Form coup to civil revolution? 4. The Janus in the process of regime change This paper treats problems in grasping the 'regime change process'. The analysts' views have been devided on the character of the coup in the former Soviet Union, August 1991. One has seen the coup as 'the putch' that means a revolt within the establishment. Others have seen the coup as 'the civil revolution' because the coup had begun as the revolt of the armed forces. the security police, and the communist party - the core of the Soviet regime, but it had changed its character to the civil revolution in its process. Their view has focused at the role of local powers, social organizations, and citizens that had protested to the State Emergency Committee. In my view, 'the revolutionists' exaggerates the power of civil society, but 'the putchists' do not clarify the changed social structure of the Soviet Union in 1991. The key is in the character of the Soviet Union as 'the disorganized state'. In such situation, no one could lead the whole political process. And the August coup was the ultimate result of the such disorganizing process.
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  • Article type: Appendix
    1993 Volume 29 Pages A26-A32
    Published: May 15, 1993
    Released on J-STAGE: November 01, 2017
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  • Article type: Appendix
    1993 Volume 29 Pages A25-A18
    Published: May 15, 1993
    Released on J-STAGE: November 01, 2017
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  • Article type: Bibliography
    1993 Volume 29 Pages A17-A1
    Published: May 15, 1993
    Released on J-STAGE: November 01, 2017
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  • Article type: Appendix
    1993 Volume 29 Pages App2-
    Published: May 15, 1993
    Released on J-STAGE: November 01, 2017
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  • Article type: Cover
    1993 Volume 29 Pages Cover3-
    Published: May 15, 1993
    Released on J-STAGE: November 01, 2017
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  • Article type: Cover
    1993 Volume 29 Pages Cover4-
    Published: May 15, 1993
    Released on J-STAGE: November 01, 2017
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