The 91st general meeting and a symposium were held at Seiwa University on Saturday, November 11, 1999. In the afternoon sessions of the symposium organized on the uniform theme, "Comprehensive Study of Administrative and Judicial Reforms, " three panelists presented their study reports on judicial reform, followed by two panelists who reported on their study of administrative reform and the session was concluded with a lively questions and answers period upon hearing these study reports. The symposium was cochaired by Mr.Hidehiko Kasahara(professor at Keio University)and me, Ono(professor at Daito Bunka University), and I chaired the session for judicial reform. Regarding the judicial reform, panelist Michihiko Yamaguchi from Nagoya Keizai University made a keynote speech on the theme, "A Concept and Task of Judicial Reform-Globalization and Market Economization of Justice"and as the conditions at issue in the discussion of judicial reform, he pointed out that the global deployment of multinational firms promoted globalization of a nation and a state transcending the norm of internal laws through WTO on the international level and stimulated relaxation of restrictions(lifting of controls)as a fundamental reform factor of legislative, judicial, administrative and educational systems on the national level and on the basis of understanding that the globalization through WTO, in particular, emasculated the internal judicial system, and even the constitutional system of each country, he maintained that the paradigm in the discussion of"Judicial Reform"which had become lively since last year was taken excessively in a narrow sense. Then, panelist Hidejiro Ishida from Kinki University made a speech on the subject of"Judicial Reform-Focusing on the Propriety of Introduction of the System for the Unification of the Legal Profession, " beginning with a question of why we need judicial reform, particularly, the unification of the legal profession now and giving a general explanation of the history of the argument on the unification of the legal profession, purpose and concept of the system and the direction of the reform and then posed a question as to the propriety and spelled out the directiveness for each of the connections with universities(the concept of a law school), judicial training system, judge training system, the jury system/trial participation system. Lastly, panelist Tamotsu Saegusa from Nagoya Gakuin University made a report on the theme, "Judicial Reform and Training and Education for the Legal Profession, " in connection with the training and education for the legal profession which is important as a human substructure of judicial reform. He stated that the expansion, diversification and internationalization of social functions of the judicial system at the present day brought about the diversification and multiplication of legal problems and disputes resulting in the increase not only of the number of lawsuits but also of the requirement for legal services out of court, that the small judicial system of our country was not capable to cope with such social conditions and therefore the increase of the legal profession population as a"judicial reform"was of urgent necessity and at the same time the increase of financial aid to the legal relief system from the state was also indispensable. For the foregoing study reports by three panelists, panelist Yamaguchi was questioned by panelist Kotaku Ishido(Chukyo University)about the former's indication that the paradigm in the discussion of judicial reform was taken excessively in a narrow sense and then by panelist Haruo Goto(Nihon University)about the present condition of WTO's dispute mediation system and its influence on the judicial reform. Panelist Ishida was quesioned by panelist Shozo Kobayashi(Meijo University)who maintained that the image of a

(View PDF for the rest of the abstract.)

View full abstract

After the collapse of the stalinist regime in Soviet Russia and the eastern Europe from 1989 to 1992, the transnational enterprises in America began to seek hegemony not only in a national level but also on a global one. This globalism caused the frictions with the national systems in the nation states all over the world. The present arguments about the legal reforms in Japan have to introduce the critical viewpoints against the American globalism with respect to maintaining our legal culture that couldn't be regained if it were lost once, and to prevent the governing by paternalism. According to this critical opinion against the globalism, the proposals by KEIDANREN, JDP(Jimintou), NITIBENREN(Japan Lawyers Association)and some scholors should be criticised as nothing but acquiescence to globalism.

View full abstract

1.The Reason why we discuss the Unification of the Legal Profession 2.The Consultation of the Reform of Judicial System 3.The Purpose, Doctrine and the Draft to reform the Judicial System

View full abstract

Today the expansion, diversification and internationalization of social functions of the legal system have diversified and increased legal problems and disputes, resulting in not only the increase of lawsuits but also the increase of legal services outside the court. It seems physically impossible to cope with these social situations with"a small judicature"of our country. The small population of lawyers not only makes it impossible to realize"judicial reform"which will be able to meet people's diversified needs but also jeopardizes the very"rule of law"of our country. Therefore it is of urgent necessity for a law-governing country to have an increased population of lawyers. Of course, however, the reform of law apprentice training must aim at not only the "quantitative improvement"but also the"qualitative improvement"of lawyers. We must not forget that the increased number of lawyers does not necessarily guarantee the quality of lawyers which satisfies the requirements of the Japanese society. In order to improve the quality of lawyers, the conventional state law examination and the judicial training system are not sufficient and it is necessary to establish a new law apprentice training system. Here I will review the way of the conventional state law examination and judicial training. I will discuss the ideal way of a law school as a specific policy of establishing a new law apprentice training system and will also discuss what the law department of a university should be as a place of basic training for lawyers. The specific topics are as follows : 1.Introduction 2.Judicial Reform and the Problem of Lawyer Population ・The Pros and Cons of Increased Lawyer Population ・Increase of Lawyer Population and Law Apprentice Training 3.The Problem of Lawyer Population ・Need of Increased Lawyer Population ・Unbalanced Population/Depopulation of Lawyers and Lawyer Population ・The Legal Aid System and Lawyer Population ・Defence of a Criminal Suspect, Legal Consultation and Lawyer Population 4.Law Apprentice Training System ・The Actual Situation of a State Law Examination ・Problems of a Legal Training System ・Ideal Way of a Law School ・The University Edcation at the Law Department 5.Conclusion

View full abstract

This Paper explains the Japanese Administrative Reform from three different points of view. 1 The Definition of the Administrative Reform This Chapter talks about the definition, the necessity, the classification of the Administrative Reform. 2 The Historical Sharing of the Administrative Reform in Japan This Chapter talks about the Historical Sharing of the Administrative Reform in Japan in four different periods as the following : (1)The End of the World War II 〜San Francisco Peace Treaty(1945〜1952) (2)Independence Period(1952〜1959) (3)High Growth of the Japanese Economy Period(1960〜1973) (4)Low Growth of the Japanese Economy Period(1973〜) 3 The Prospect for 21st Century This Chapter talks about the prospect of the Japanese Administrative Reform for 21st Century.

View full abstract

1.Introduction 2.Change of Bureaucratic Dominance 3.Political Reformation 4.Necessity of Further Reformation 5.Conclusion The administrative organization is going to be reformed at the very beginning of the year 2001. This reformation was performed by the strong leadership of the former Premier, Ryutaro Hashimoto. Though it is quite significant for the administrative organization to be reformed for the first time in this half century, this reformation should be considered not merely as a reorganization of the bureaucratic system, but as a part of the whole governmental reformation. It has been said that the power and the influence of the bureaucrats are extremely strong in Japan. But since so many problems arose, there were and still are remarkable movements to weaken the power of the bureaucrats, that is, deregulation, decentralization to the local governments and political reformation. Concerning to the policy-making process, the third point, the aspect of political reformation is especially meaningful. In this study, the relation between the administrative reformation and the political reformation is described by focusing on the improvement of cabinet system etc.. Also, the important points to complete the the governmental reformation are examined.

View full abstract

In diesem Aufsatz wurde ich die Probleme abhandeln, die entsteht aus der Verrechtlichung in der gegenwartigen Gesellschaft. Meiner Ansicht nach, sind die Probleme beeinflusst von der strukturellen Anderung zwischen die burgerliche Gesellschaft und die gegenwartige Gesellschaft. Hier nehme ich Hegels Rechtsphilosophie als ein Modell der burgerlichen Gesellschaft auf. Dann wurde ich am Ende eine Aussicht zeigen, die die Probleme aus der Verrechtlichung zu losen. Der Inhalt des Aufsatzes 1 Die Einleitung. Wo liegt die Probleme? 2 Der Begriff der Verrechtlichung und die Probleme aus der Verrechtlichung. Nach.G.Teubners Verstandnis der Verrechtlichung 3 Die konkrete Probleme aus der Verrechtlichung. Die Merkmale, die insbesondere in Japan aus sieht. 4 Hegels burgerliche Gesellschaft. 5 Das Prinzip in der burgerlichen Gesellschaft. 6 Von dem Stsst wurde die burgerliche Gesellschaft getrennt. 7 Von der Moralitat wurde die Rechte getrennt. Nur diese Seiten konnen zur Gegenstande der Gesetzgebung werden, die Ausserlichkeit an sich zu haben. 8 Am Schluss.

View full abstract

Philippine became independent on the 4^<th> of July in 1946. But the independence day of Philippine is the 12^<th> of June. On this day in 1898 they declared independence of Spain, so they celebrated the centennial anniversary of its independence the year before last. During the first half of the century, Philippine had been a colonial of the United Stats of America and during the second half of the century, the relationship between the two countries has been good. The three Constitutions enforced meanwhile were severely influenced by America. In 1992 the bases of US troops were withdrawn from Philippine. Up to then, the largest bases of Asia had been in Philippine. This history occurs us a strong resemblance between Philippine and our country. From the point of view we'll make a survey the history of the Philippine Constitutions.

View full abstract

Judicial system is very important in liberal democracy. But existing comparative studies of liberal democracy including Lijphart(1984)model does not analyze judicial system sufficiently. In this article I analyze it. To be concrete, I examine relationship democracy types("pluralism vs.corporatism"index, "majoritarian democracy vs.consensus democracy"index and complex index of Lijphart and Crepaz(1995))and judicial system(legal systems, court systems and lawyer population). I find first that there is interrelation between legal systems and various democracy types, second that court systems have weak relationship with democracy types, but adoption of the jury system have little relation with democracy types, third that lawyer population and democracy types are correlated. Consensus and corporatstic democracies tend to have less lawyer population.

View full abstract

1.Introduction 2.Argument of the right of privacy As the present age, because the opposition between demand of the protection of the personal information and economical usefulness of it is actualized, we must construct new concept of the privacy suitable for highly developed information oriented and computerized society. 3.Internet(the negative aspect of Internet) The aspect of internet as hotbed of crimes and wrongful act has been out-standing. Owing to anonymity, there are many cases, involving invasion of the privacy, that people have violated the law using online systems. The development of network systems have come to be recognized as a threat to the right of privacy. 4.Precedent The point at issue in this case is whether name, address, and telephone number and what not come under the private information or privacy. There is a relationship between the amount of data that is collected about a certain person and his freedom as an individual. Privacy is a fundamental human right that must be protected by constitution. 5.Suggestion of the principle that no one can exploit the personal information without law 6.Conclusion

View full abstract

Ombudsman wird in Schweden ein Parlamentsbeauftragter genannt, an den sich jeder Burger zum Schutz gegen behordl. Willkur wenden kann. Ahnliche Einrichtungen bestehen in den ubrigen skandinavischen und einigen anderen Landen. In Japan gibt es vergleichbare Institutionen, meist handelt es sich um Beauftragte der Burgermeister. Die Einrichtung des Ombudsmans wird nomalerweise nach offentlichrechtlichen oder verwaltungsrechtlichen Gesichtspunkten analysiert. Ich bin des Ansicht, dass diese Institution auch als Alternative Dispute Resolution wirksam ist. Deshalb analysiere ich nach dieser prozessrechtlichen Ansicht eine der altesten Institutionen in Japan, die die Stadt Kawasaki seit 1990 hat, "Kawasakishi Shimin Ombudsman-Burgerombudsman der Stadt Kawasaki-".

View full abstract

I Introduction II Several Types of Information about Education III The Argument Whether The Claim to disclose Individual Information about Education will be admitted IV The current Law and Regulations about The Disclosure of Individual Information about Education V The Disclosure of Individual Information about Education from an International Standpoint VI The Movement of Local Public Body Judgement about The Disclosure of Individual Information about Education VII Some Political Propositions VIII Conclusion

View full abstract

Il y a une etroite relation entre la politique et l'enseignement dans l'histoire de la pensee politique d'Occident. On peut reconnaitre deux moyens de la pensee sur la relation entre la politque et l'enseignement. L'un est provenu de l'Antiquite grecque et l'autre de l'Antiquite romaine. Ils sont different au point du vue vers le monde ou l'homme vit en commun et qui garde le temps et l'espace du passe. L'histoire de la reforme de l'enseignement en France apres 1789 qui pousuivait son but de l'instruction publique represente le moyen de la pensee grecque, i.e.l'enseignement qui contribue a la fondation d'un nouveau monde. Les fondateurs litteralement republicains de la troisieme Republique ont poursuivi cet itineraire. Parce qu'ils se persuadaient qu'il etait necessaire de realiser les idees de la Revolution au moyen non revolutionnaire face a la l'experience de l'instabilite de la situation politique dans une dizaine d'annees au debut de la Republique. A partir de 1879 le chef de l'opportunism J.Ferry et son aide F.Buisson qui etait un des chefs de la libre pensee a la fin et au debut des siecles faisaient tous ses efforts pour accomplir cette necessite dans la domaine de l'enseignement primaire. En plus Buisson a propose le renouvellement de l'enseignement secondaire pour la raison que celui-ci pourrais realiser et pratiquer la raison que tous les enfants possedaient potentiellement. Mais il y avait une position critique vers la renovation que Ferry et Buisson ont engagee ou bien proposee. Un philosophe A.Fouillee represent cet position. Il a defendu les etudes classique auxquelles les renovateurs ont tourne le dos et propose leurs modification pour repondre aux besoins modernes pour la raison qu'elles gardaient la civilisation-la culture romaine dont le centre etait la langue latine c.-a-d.la langue mere du francais. C'est ainsi que cet article envisage une coupe de la pensee politique d'Occident qui s'est orientee vers une arche en decouvrant l'existence dans le monde.

View full abstract

Set-off is to make a couter demand. In practice the term"set-off"is generally applied to mutual debts or claims for liquidated amounts, so that one can be deducted from the other : while cross claims in respect of damages, which are unliquidated, are distinguished as"counterclaims". In Roman law, a person who has got possession of property by theft or other wrongful act may not plead a set-off against the owner's claim to recover what belongs to him. Japanese civil law article 509 regulated as follows : Where the obligation has arisen from an unlawful act, the obligor cannot avail himself of a set-off against the obligee. This article derives from BGB §393 German civil code. According to the article, set-off is not permissible against a claim arising from a wilful delict. Generally speaking, no advantage arises out of a wrong. That however depends upon. We should broadly permit to offset even in the case of tort. In the same way as German civil law regulates, Chinese and Korean civil codes allow to off-set. These code's expressions are almost similar to German civil law S393. German civil law is more ideal than Japanese one and is superior to ours. Set-off should be restricted to only wilful delict. No abusing of the right to set-off is permissible.

View full abstract

In the recent development of social welfare policy, the idea of"contracts"has come in sight, which, from now on, will probably be acknowledged as a principle concept in this field. The author is here to discuss the role or the capacity of mental faculty required so as to establish"contracts", viewing mainly from the point of securing QOL for aged people. This paper is organized based on"life history analysis", as a means of study, referring to a set of lawsuit cases.

View full abstract

Key words : cases, disabled persons, social welfare. Introduction 1.The constitution of the social welfare law of disabled person 2.The amendment of this act [before international year of disabled person] 3.The amendment of this act [after international year of disabled person] 4.The cases of the social welfare law of disabled person Conclusion This article aims at understanding the social welfare law of disabled persons from two points. The first point is the explanation of the outline of the amendments of this act, before and after the international years of disabled persons. The second one is the interpretation based on five cases from judicial precedents.

View full abstract

Kagawa's activities began with a mission in Kobe, and later, he organized some social movements such as a labor union, a farmer's union, and so on. This paper examines how he tried to reconstruct society at that time. The most important aspect of Kagawa's activities was his co-operative movement. He aimed at the reconstruction of the capitalistic economy, which also meant training for an autonomous co-operative society and a spiritual education toward love. Kagawa was not merely a social refomer, but also a man intent on reconstructing society with high moral ideas. Kagawa's "brotherhood economics"is similar to that of the 1998 Nobel prize winner, Amartya Sen, who had ethics at the center of his economic theory. Moreover, Kagawa's idea of the co-operative is similar to The International Co-operative Alliance(ICA)statement on the co-operative values of self-help, democracy, equality, and solidarity in 1995. It still plays important role in our modern society.

View full abstract

Introduction I Response to Hitler's administration II Admiration for Hitler in the Japanese-Chinese War III World War II and Shaking Image of Hitler Conclusion

View full abstract

1.Strategic values of the South Sea Islands for the Japanese Navy. 1)The 1st World War and dispatch cruisers by the reguest of Sir.Winston Churchill, the Minister of the Royal Navy. 2)Occupation of the South Sea Islands 3)Churchill's reguest of destroyers and a promise between Japan and the U.K. 4)The Paris Peace Conference 5)Reguest to Nanyokohatsu 2.Strategic values of the South Sea Islands for Nanyokohatsu. 1)Establishment of Nanyokohatsu. 2)The business development by Haruji Matsue.

View full abstract

In the absence of a systematic history of journalism in Japan, this study traces the contributions of Kunpei Matsumoto, Sojinkan Sugimura, Kisaburo Kawabe, and Hideo Ono, four pioneering scholars who were active in the field from the late Meiji(1868-1912)to early Showa Period(1926-89), and discusses the shift of emphasis in their work from a broad interest in the West to a focus on German journalism, relating this shift to the history of laws and policies governing the press. In particular, it will be shown that, while calls for change in the form of government and disturbances of law and order were strictly controlled under the prewar restrictions on freedom of speech(from the establishment of the Meiji Constitution in 1889 to Japan's defeat in the Fifteen-Year War in 1945), journalism studies in Japan, like the media themselves, enjoyed considerable freedon until the outbreak of the Fifteen-Year War. Further, although Ono was the only one of the four to be strongly influenced by German journalism, Matsuji Muneo, who published Shinbungaku Gairon(An Introduction to Journalism)in the early Showa Period, and Eizo Koyama, who studied under Ono, also conformed with the official line in their writings during the years of militarist control. In discussing their works, I will seek to demonstrate that academic freedom was curtailed under fascism, and that Japanese journalism was no exception in this regard.

View full abstract