法政論叢
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38 巻 , 1 号
選択された号の論文の23件中1~23を表示しています
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  • 原稿種別: 表紙
    38 巻 (2001) 1 号 p. Cover1-
    公開日: 2017/11/01
    ジャーナル フリー
  • 原稿種別: 表紙
    38 巻 (2001) 1 号 p. Cover2-
    公開日: 2017/11/01
    ジャーナル フリー
  • 原稿種別: 付録等
    38 巻 (2001) 1 号 p. App1-
    公開日: 2017/11/01
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  • 木村 正清
    原稿種別: 本文
    38 巻 (2001) 1 号 p. 1-8
    公開日: 2017/11/01
    ジャーナル フリー
    Bis jetzt wurde das Gesetz fur Arbeitsschutz und Anlagensicherheit eher als marginal bzw. nebensachliches Bereich beim Arbeitsgrundgesetz im Schatten gehalten. Neuerdings zieht aber das Gesetz fur Arbeitsschutz und Anlagensicherheit immer mehr die Aufmerksamkeit auf sich. Das spiegelt wider, dass Globales Standard wie die internationalen Normenreihen ISO 9000 (Qualitatzmanagementsysteme) plotzlich ins Rampenlicht geruckt und damit die Entwicklung eines durch das Britische Normungsinstitut BSI zur Normung von Arbeitsmanagementsystemen (OHSAS) bei ISO gestellten Antrags mit Spanung verfolgt wurde. In diesem Bericht mochte ich Probleme beim japanischen Gesetz fur Arbeitsschutz und Anlagensicherheit herauskristallisieren und somit Hinweis fur die ministerielle Erlasse vom Arbeitsministerium geben, anhand des Versuchs vom Bayerischen Saatsmimisterium fur Arbeit und Sozialordnung, Familie, Frauen und Gesundheit ; das Occupational Health-and RiskManagementsystem(OHRIS)wird analysiert. Dabei muss die Globalstandardsstrategie fur die Arbeitsmanagementsysteme beruhrt werden. Denn eine Ubersicht uber die internationale Tendenz ermoglicht, ein Ausblick in die Zuknft zu geben, wie das japanische Arbeitsschutzsystem aufgebaut werden sollte.
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  • 和田 幸司
    原稿種別: 本文
    38 巻 (2001) 1 号 p. 9-28
    公開日: 2017/11/01
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    Introduction 1. The Kume-Saikyo temple and a letter of Jakutyou at tha Kyougyou temple 2. The transition of the subordination of the Saiko temple. Conclusion In the essay, I want to make the subordination of the Saikyo temple in Kato-gun clear: the point aimed at the fact that a letter of Jakutyou is recited regularly at the Kyougyou temple still now. From 1561 (the year of Eiroku in 4) to 1702 (the year of Genroku in 15), 142 years, the Saikyo temple changed its name three times. All information about it states when the Saikyo temle started it was called "the Kume-mura Dojo subordinated to the Fukuei temple which belonged to the Kinpuku temple". The Kinpuku temple was ranked first as the temple in the Discriminated village. Then supporters argued with the Fukuei temple, their list including 227 people at 42 homes were moved to the Kyougyou temple and so it became to be called "the Kume-mura Dojo subordinated to the Kyougyou temple". The Kyougyou temple is noe of many branch temples. Then the name was changed to "the Jikumattu temple" which belonged to the Hongan temple, the most powerful of all temples in the religion. These facts prove that it was possible for supporters to request their leader temple independently of the government. Up to the present, the core of "The theory of the system about temples in the Discriminated villages" is that temples in Discriminated villages are distinguished from the grouping of the Sinsyu and they can only belong to the high level temple in the same series. Above-mentioned information object to the theory. Because even at Kato-gun, which is north of Harima and is very near to the Hongan temple didn't decide the Discriminated villagers' leader temple.
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  • 安保 克也
    原稿種別: 本文
    38 巻 (2001) 1 号 p. 29-40
    公開日: 2017/11/01
    ジャーナル フリー
    It was the judgment of the Supreme Court, dated Feb.28.1995, that brought foreigners suffrage to the forefront as a major issue in Japan. The Judgment contained a lot of inadequacias, and it seems that giving foreigners municipal suffrage is unconstitutional. Therefore, this paper presents an argument against "Tolerance Theory" which has presently prevailed. In my opinion, the only way to solve this problem would be to have foreigners with permanent residence and foreigners who have lived long term in Japan naturalized. Once they have got Japanese nationality, it's possible that could not only get municipal suffrage but also take part in national administration. Some special political measure is necessary in order to ameliorate the conditions for naturalization among foreigners of permanent residence. As for the issue of how Japanese and foreigners can well in the same society, I think it's the most natural and the most logical solution to accept foreigners of permanent residence as equivalent to Japanese, such as the case with ethnic Koreans.
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  • 金 妙巳
    原稿種別: 本文
    38 巻 (2001) 1 号 p. 41-50
    公開日: 2017/11/01
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  • 石田 榮仁郎, 藤井 徳行
    原稿種別: 本文
    38 巻 (2001) 1 号 p. 51-56
    公開日: 2017/11/01
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    The 94th general meeting and symposium of our Law and Politics Society were held at Osaka Wemen's College(Higashi Osaka Campus)on November 23rd and 24th of the year 2001. The main theme was "Problems in the new century-the law and politics in the 21st century." Five panelists presented their research in this session. First Mr.Hideaki Maeda of Komazawa University presented on the theme of "Reinforcement of Political Leadership by the Introduction of the State Secretary." Second, Mis.Naomi Doi of Heisei International University presented on the theme of "Administrative in the Central Government." Third, Mr.Haruhiro Minagawa of Matusaka Univesity presented on the theme "Toward the development of the system for protections and remedies of human rights" Fourth, Mr.Tomiyuki Ogawa of Hiroshima University of Economics presented on the theme "The Structure of Families in the Future." The last panelist Mr.Tamotsu Saegusa presented on the theme "Criminal Laws and Social Ethics-Emerging Problems in the Criminal Law Policy." There were some questions and answers after these important presentations. This symposium ended successfully at 17:05. We are thankful for all of the people at Osaka Wemen's College who helped organize this meeting.
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  • 前田 英昭
    原稿種別: 本文
    38 巻 (2001) 1 号 p. 57-67
    公開日: 2017/11/01
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    The new positions of the State Secretary and the Parliamentary Secretary have been installed in each Ministry to reinforce the function of assisting the Minister with his/her political judgment. Under the old system, the Paliamentary Vice-Minister assisted the Minister in making political decisions by giving advice on paticular policies and plannings in accordance with the Minister's instruction. On the other hand, the new State Secretary controls and supervised related administrative branches in terms of policy-making and planning and and makes necessary policy decisions, in accordance with orders from the Minister, placing him/her second in line to the Minister with regard to decision-making. Meanwhile, the Parliamentary Secretary gives the Minister advice on paticular policies and plannings in acordance with the Minister's instructions. Furthermore, both the State Secretary and the Parliamentary Secretary are to be in charge of coordinating administration and politics, and are authorized by the legislation by menbers of the Diet to participate and give answers to questions in committees and other Diet meetings in support of their Minister. How will this work out?
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  • 土居 直美
    原稿種別: 本文
    38 巻 (2001) 1 号 p. 68-77
    公開日: 2017/11/01
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    This paper discusses administrative reform under Hashimoto, Obuchi and Mori Administrations in Japan. Analysis also focused on the Basic Law for the Reorganization of Central Government Ministries and Agencies that came into effect in June of 1998. And it examines the impact of administrative reform and reinforcing the Cabinet.
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  • 皆川 治廣
    原稿種別: 本文
    38 巻 (2001) 1 号 p. 78-94
    公開日: 2017/11/01
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  • 小川 富之
    原稿種別: 本文
    38 巻 (2001) 1 号 p. 95-106
    公開日: 2017/11/01
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    With the beginning of the 21^<st> century, how has the family unit changed? Advances in medical science in the area of fertility have helped reduce the connection between traditional methods of getting pregnant and actually giving birth to a child. IVF(In Vitro Fertilization) technology has meant that it is now possible to artificially control the birth from the very beginning. In addition, the phenomenon of surrogate motherhood has made it possible to sever the connection between a birth and the relationship between parent and child. In some unusual cases, there may not be a direct relationship between both the father and mother and the child, nor a genetic relationship between the woman and the baby she is carrying inside her. Several cases like this have been reported. In such cases as these, how should the family structure be defined? The technique of freezing individual sperm and eggs as well as already fertilized eggs makes it possible to control the actual timing of the birth, a further technique making the process of creating a family more artificial. In the future, cloning without the need for fertilization will also be possible. As the number of people getting married decreases, the number of people divorcing increases and the number of people opting for open gay or lesbian relationships also increases, one may wonder whether the current widely recognized structure of marriage will continue and indeed question whether it will remain necessary. The decreasing number of children within families and the increasing number of aged people within society has meant that lifestyle and patterns of cohabitation between parents and children will change. As life expectancy increases the situation may occur where four or five generations of a family will exist at the same time, compared to two or three as we are now accustomed to. The reduction of birth rates may also cause the creation of a family structure with no extended family members, rather just single familial lines passed down from one generation to the next. Now is the time when questions must be asked about the direction family structures will take in the future. With technology developing at such a rapid rate, serious ethical issues arise as to how we should reconcile scientific pursuits with the values of family life we recognize as being important today.
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  • 三枝 有
    原稿種別: 本文
    38 巻 (2001) 1 号 p. 107-115
    公開日: 2017/11/01
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    In the society of the 21^<st> century of complicated and diversified sense of values, criminal regulations have now come to cover the field of people's private life, which we have never imaged before. As a result, a social sense of value is forced to each individual citizen by punishment at the minimum level. Now is the time to review the way this new legal policy should be in administrative criminal laws such as the Stalking Regulation Act, the Anti-Prostitution/Anti-Pornography Act for children in order to check how much intervention is allowed into each citizen's private life by the government or how much a social sense of value is allowed to be forced to people by puni shment. At the same time, in the society where a sense of value has become relative, decriminalization of crimes must actively be promoted by limiting and restricting the application of punishment within the minimum necessary scope for the purpose of the benefit and protection of the law based on a spirit of tolerance of the civil society. This appropriation and restriction of punishment should be the basic principle of the criminal law in the 21^<st> century.
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  • 福永 英雄
    原稿種別: 本文
    38 巻 (2001) 1 号 p. 116-125
    公開日: 2017/11/01
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    The concept 'privacy' seems to be reduced to the term 'personal data' Indeed the problematique 'protection of personal data' has great significance in such a highly information-oriented society. But I insist the concept 'privacy' is also still very important in that it includes a spatial meaning. I suggest the concept 'despatialization' to explain the problematiques in such a highly information-oriented society, especially concerning 'privacy' and 'personal data.' In a sense 'personal data' can be regarded as 'despatialized' parts of 'privacy.' This is why 'personal data' can be a problematique. 'Personal data' can be processed and reproduced unlimitedly. 'Privacy' has a broader meaning. 'Privacy' can be invaded spatially and in 'despatialized' forms. Moreover 'privacy' can be invaded while the victim himself is unaware. In a respect an invasion of 'privacy' is an invisible infringement of personal rights. So I propose the foundation of a third-party relief organization investigating invasions of 'privacy.'
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  • 中尾 瑞紀
    原稿種別: 本文
    38 巻 (2001) 1 号 p. 126-137
    公開日: 2017/11/01
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  • 神崎 勝一郎
    原稿種別: 本文
    38 巻 (2001) 1 号 p. 138-159
    公開日: 2017/11/01
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    The Ministry of Home was established in 1874 and the local officials' connference would open in the same year. But the conference was adjourned until next year because of internal and external troubles, and consequently the Ministry of Home was behing in local administration. In this paper, I consider relationship between local administration and the local officials' conference in 1875.
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  • 下條 芳明
    原稿種別: 本文
    38 巻 (2001) 1 号 p. 160-172
    公開日: 2017/11/01
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    Generally, in contrast to the "legislative state" in the 19th century, the state in the 20th century is characterized by "administrative state", where brings about inevitably the superiority of executive power as a result of hypertrophy of a administrative functions. In postwar Japan, also, there have been evident phenomena of trend to the "Administrative State", such as, the increase of government bill, the dependence on delegated legislation, the mere shell of financial democracy, the infiltration of circular notices into administrative organ, and the monopoly of planning power by administrative authority. Consequently, it is apparent that the idea on government system of the Japanese Constitution and its constitutional reality is separated remarkably. In this paper, I aim at studying the marked characteristics and the acute problems about the Cabinet system in the Japanese Constitution, after analyzing the situation concerning the "Administrative State" in postwar Japan. From now on, it is necessary for us to examine what is the constitutional government system that could correspond to requirements for trend of the "Administrative State" in the future prospect.
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  • 土屋 孝次
    原稿種別: 本文
    38 巻 (2001) 1 号 p. 173-194
    公開日: 2017/11/01
    ジャーナル フリー
    The United States Constitution gives the President the power to make treaties with the advice and consent of the Senate (Art.II, Sec.2, Para.2). The Senate approves a treaty with the concurrence of two-thirds of the Senators present. By adopting such a system, the Framers intended to restrain the presidential treaty-making power and protect the states' interest. The Framers' intent to restrain the presidential treaty power was undeniably respected until the Senate refused to give its consent to the Treaty of Versailles. However, since the Senate's rejection of the Treaty of Versailles, criticism that the Senate's monopoly of the consenting power is not only undemocratic and inefficient, but also unfitting in the age of internationalization has been constantly raised. At present, many of the United State's international agreements with foreign governments are concluded with the approval of the majority of both Houses of the Congress. Such an international agreement is called a congressional-executive agreement. It covers almost all fields, such as affiliation with international organizations, conclusion of economic and military agreements, etc., which fall within the sphere of the treatymaking power. Moreover, its legal validity is regarded the same as that of a treaty internationally and internally. Therefore, a congressional-executive agreement is said to be an alternative to a treaty. The Constitution has no provision to empower the Congress to approve an international agreement. Nevertheless, Congress' power to approve an international agreement has been under discussion from the beginning, and when the United States tried to join the WTO, vehement controversy arose with respect to the constitutionality of the congressional-executive agreement. This problem has drawn further attention since the Senate failed to give its consent to the CTBT. Scholarly views on this issue are roughly divided into two. One is that the Congressional powers enumerated in art.I, Sec.8 including the necessary and proper clause support the constitutionality of a congressional-executive agreement. The other is that it is clearly unconstitutional in the light of the words and construction of the constitutional provision in Art.II, Sec.2, and Para.2. So far, the US Supreme Court has not handed down its judgment on the constitutionality of a congressional-executive agreement, and so this problem is not legally settled. This paper will examine how the Senate's power of consent has been changing and study the significance and constitutionality of a congressional-executive agreement as an alternative to a treaty.
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  • 半田 英俊
    原稿種別: 本文
    38 巻 (2001) 1 号 p. 195-214
    公開日: 2017/11/01
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  • 濱口 一郎
    原稿種別: 本文
    38 巻 (2001) 1 号 p. 215-224
    公開日: 2017/11/01
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    Recently, some policies have been created to address family carers' problems. Until now the focus has been on issues such as elderly abuse and collapse of the family. However, little attention has been given to family carers' problems. Then the questions now arise : Why have the family carers' problems been overlooked? On the other hand, the difference between the family care and the supporting duty in the civil law is also a point at issue. The legal position of the family care has an effect on social support for the family carers. Therefore, the purpose of this study is to to examine the family carers supported in the law about the aged care or to answer the question : Is it suitable to interpret the family in the law about the aged care as that in the civil law? As a consequence, the family cares who are co-resident can be supported in the law about the aged care. And the family carers' consept is different from that in the civil law. Also, it is understood to meet the actual condition of the aged care.
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  • 原稿種別: 付録等
    38 巻 (2001) 1 号 p. 249-
    公開日: 2017/11/01
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  • 原稿種別: 表紙
    38 巻 (2001) 1 号 p. Cover3-
    公開日: 2017/11/01
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  • 原稿種別: 表紙
    38 巻 (2001) 1 号 p. Cover4-
    公開日: 2017/11/01
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