法政論叢
Online ISSN : 2432-1559
Print ISSN : 0386-5266
42 巻 , 1 号
選択された号の論文の29件中1~29を表示しています
  • 原稿種別: 表紙
    2005 年 42 巻 1 号 p. Cover1-
    発行日: 2005/11/15
    公開日: 2017/11/01
    ジャーナル フリー
  • 原稿種別: 表紙
    2005 年 42 巻 1 号 p. Cover2-
    発行日: 2005/11/15
    公開日: 2017/11/01
    ジャーナル フリー
  • 原稿種別: 付録等
    2005 年 42 巻 1 号 p. App1-
    発行日: 2005/11/15
    公開日: 2017/11/01
    ジャーナル フリー
  • 福永 英雄
    原稿種別: 本文
    2005 年 42 巻 1 号 p. 1-14
    発行日: 2005/11/15
    公開日: 2017/11/01
    ジャーナル フリー
    Though the whole picture of the paper cannot be described here in this summary, the following points can be the keys to the problematics of the theme. So-called educational reforms have been transmitted down one after another in recent years. But the actors concerned themselves have seldom been able to participate in the policy-making processes. To maintain the autonomy of school education, we have to know the following mechanism. Firstly, the educational-academic system differs from, for example, the political system or the economic system. They have each different code. If we continually introduce the codes of the political system and the economic system into the educational-academic system, the educational-academic system will become another system. Secondly, independence of system has priority over other things, I insist. Without independence of the educational-academic system, academic freedom and the autonomy of school education will not function well. Thirdly, teachers can be more responsible for school education through deliberation-determination-substantiation in staff meetings. But 'school conferences' may have some possibility of being more public. At the foot of the paper, the prerequisite for 'sovereignty of actors concerned' will be mentioned briefly.
  • 富樫 ひとみ
    原稿種別: 本文
    2005 年 42 巻 1 号 p. 15-29
    発行日: 2005/11/15
    公開日: 2017/11/01
    ジャーナル フリー
    There are mainly two ways of the enforcement of social welfare system in our country. One is the way to apply law and policy on social welfare to offer social welfare services. The other is to guide the client and to assist to use social welfare services. On the former, when the client application conforms to the requirements for social welfare services offered these services are offered. On the latter, the social worker practices social work to steer the client to using social welfare services. For example, the social worker assists the client in solving the problem on his life by using social welfare services and informality services and by adjusting the surrounding human relations of him. Thus in our country, social welfare system has been developing by through composing law and policy on social welfare. But in recent year, the importance of social work increases, therefore, the social work in social welfare system has to be systematized quickly.
  • 崔 先鎬
    原稿種別: 本文
    2005 年 42 巻 1 号 p. 30-41
    発行日: 2005/11/15
    公開日: 2017/11/01
    ジャーナル フリー
    Shigeru Nanbara is one of an introducers of European thoughts in modern times. He was the thinker who continued investigating "the universality" that became important through means of "Christianity" on thought for postwar democracy. He had various policies as an intellectual elite and expressed own opinion. It seems that a problem of essence in the thought of modern times in Japan is loaded his intellectual world inside with a problem on thought the modern times Japanese history. By the main subject, I am going to say "necessity" of more general consideration for this and pay my attention and want to inspect a role of him in the whole society. It is thought that a scholarly viewpoint of Nanbara is based on a value system to premise Japanese "traditional culture" consciousness. He was the base that liberalism democracy to be based on a general idea of "an individual" realized "variety" and thought that I was connected directly with realization of "freedom" as the thing which maintained political value. Therefore I insisted that "the cultural community" which had been formed through the long history was the most important element to open the new times. It seems that a value system of Nanbara comes from existing mental value as well as normal "culture" value in that. It is thought that his scholarly viewpoint for reality is connected with "cultural value" including inherent mind. From a reason such as the above, a value system of Nanbara is reflected with any kind of form by society, and it seems that it has the very important what one should do characteristics and propriety that an ultimate point of the value system considers anything.
  • 山岡 健
    原稿種別: 本文
    2005 年 42 巻 1 号 p. 42-51
    発行日: 2005/11/15
    公開日: 2017/11/01
    ジャーナル フリー
    I conducted the fieldwork on "The youngster set" of Kagawa Pref., Shoudo District, Tonosho Town Oe (Shoudo Island). "The youngster set" is found in the characteristics of an original system that is derived from the traditional culture. In other words, it is severely controlled by the principle of "the seniority system". The youngsters organize a group based on the age since the old days, they have encouraged to make a look alike, and led a life of the cultivation. The function of the youth group which is called "the youngster set" is as follows: (1) The youngster set is the central bearer of the festival event of a village. (2) The youngster set is the society organs of education that bring up youngsters to a grown-up villager. (3) The youngster set is the organization that defends the public peace of the village. (4) The youngster set is the organization that applies social punishments. (5) The youngster set unites strongly. Then, it is controlled by the army like strict order. "The child set" and "the daughter set" which existed long time ago or an "age class organization" like "the youngster set" almost becomes extinct in the community at the present time. At present, the youngsters are the opportunities to have experience of "Tate society". Needless to say, it is necessary for the youngsters to recognize "Tate society" properly and to have an experience of it, too.
  • 辻 雄一郎
    原稿種別: 本文
    2005 年 42 巻 1 号 p. 52-71
    発行日: 2005/11/15
    公開日: 2017/11/01
    ジャーナル フリー
    Grokster case was decided in June, 2005. Before this case, at Boalt Hall, Berkeley, School of Law, there were two arguments over the prevention of the direct and indirect infringement of copyright. One is argued by Professor Pamela Samuelson who proposes the solution by Congress. The other is Professor Peter Menell who proposes the solution by Judiciary. They think Sony Beta case differently, which was decided in 1985. In face of this battle, the Supreme Court took the middle approach and clarified what indirect infringement is. Although this case is going to be analyzed by other distinguished scholars, it is important to say that the American scholars recognize that this P2P issue includes interpretation issue of Constitutional law. However, unlike the U.S., there are not so many arguments in Japan that discuss Constitutional law issue about P2P. In this article, I like to discuss this issue focusing on the interpretation and the battle between Congress and Judicial approach. The main point is that P2P issue includes the First Amendment rights of the technology inventor, the sender of the information and the copyright holder. Unless the explanation how to solve the P2P by the government, the balance of these three shall not be kept.
  • 古賀 智久
    原稿種別: 本文
    2005 年 42 巻 1 号 p. 72-87
    発行日: 2005/11/15
    公開日: 2017/11/01
    ジャーナル フリー
    The dormant foreign affairs preemption doctrine requires federal courts to invalidate state laws when such state laws intrude upon the federal government's exclusive power over foreign affairs. It differs from statutory preemption such as express or implied preemption in that the latter requires congressional legislation to displace state laws. The U. S. Supreme Court first applied this doctrine in Zschernig v. Miller (1968). Since Zschernig, a widely criticized decision for its lack of constitutional support and undefined scope, the Supreme Court has not decided a single case on the basis of the dormant foreign affairs preemption. Thus, several constitutional commentators have quire reasonably speculated that the Court will eventually abandon this preemption doctrine by overruling Zschernig. In light of two recent foreign affairs cases, Crosby v. National Foreign Trade Council (2000) and American Insurance Ass'n v. Garamendi (2003), however, it appears that the Court will not overrule its 1968 decision anytime soon, despite its clear preference for statutory over dormant preemption. In both cases, the Court avoided the dormant foreign affairs question and struck down the challenged state laws on implied preemption grounds. Though neither Crosby nor Garamendi resolved the status of the dormant foreign affairs preemption, the latter in effect decided the fate of §354.6 of the California Code of Civil Procedure, a provision allowing World War II slave or forced labor victims to pursue their war-related claims against Japanese corporations in California courts. Garamendi compelled a California state court of appeals (which had initially upheld §354.6 before Garamendi was decided) to invalidate that provision on the ground that the federal foreign policy embodied in the 1951 Peace Treaty with Japan conflicts with and thus preempts that provision. Garamendi, which gave preemptive effect to the federal government's foreign policy interests, is open to criticism, and the Supreme Court may eventually be forced to reevaluate the decision. In this sense, it is perhaps a little premature to think that California's noble effort to bring justice to its residents who were slave or forced labor victims during the Second World War has ended in vain.
  • 近藤 泰直
    原稿種別: 本文
    2005 年 42 巻 1 号 p. 88-132
    発行日: 2005/11/15
    公開日: 2017/11/01
    ジャーナル フリー
    The people's right for the pursuit of happiness shall be a supreme consideration in legislation. All of the people are equal under the law. The Japanese civil act assumes liberty, equolity and private autonomy as the basic principle. According to the Japanese family act, families put an idea of being connected by the personal love that is free, equality,and an equality of personal dignity and essence of two different characters in the basics. New reproductive medicine in recent days has caused many arguments on social customs and law conception as a word: "Parents". A biological conception is incompatible with other much deep intuitive recognition. Because we think "Parents" only on biological connection, the idea is incompatible with other modern understanding that it is a Social, biological, and intentional position. Perhaps it harmonizes with a law outline of current Japan to put in intention to think that they use mediation service, counsellig service, law service, reproductive assistance medical care and do create a child/children as well as it is appropriate that we take a mind state into a consideration on Realty Civil Law, Law of obligations and other law including Criminal Law.
  • 川口 英俊
    原稿種別: 本文
    2005 年 42 巻 1 号 p. 133-144
    発行日: 2005/11/15
    公開日: 2017/11/01
    ジャーナル フリー
    One of the big topics was a manifesto in the general election for the House of Representatives held in 2003. The former platform was changed to a concept of the Manifesto by specifying the time limit and fiscal resources, and the political parties were expected to fight over with their manifesto in the election. Eventually, the opposition party (Democratic Party) responded to the request of the voters but the Liberal-Democratic Party was not positively responded to the request at the general election of 2003. It can be said that the possibility to a real policy election was shown here. There must have had some incompetent descriptions of the manifesto. But some problems related to the basis of the manifesto were shown in the election. In this article, three problems are examind, such as the manifesto and coalition government, Election Act and the manifesto, the House of Councilors and the manifesto.
  • 小谷 順子
    原稿種別: 本文
    2005 年 42 巻 1 号 p. 145-160
    発行日: 2005/11/15
    公開日: 2017/11/01
    ジャーナル フリー
    The Canadian Supreme Court has upheld hate speech regulation in several cases, whereas the U. S. Supreme Court has struck down such regulation, invalidating the idea of such regulation. This article focuses on Canadian Supreme Court cases involving hate speech regulation and analyzes the reasons behind the contrasting attitudes of the two neighboring countries with similar backgrounds. Chapter I briefly outlines the constitutional problems surrounding the regulation of hate speech in the democratic world. Chapter II describes general characteristics of Freedom of Speech in Canada, which is guaranteed by the Canadian Charter of Rights and Freedoms. Chapter III analyzes five cases ruled in the Canadian Supreme Court, four of which upheld hate speech regulation. Chapter IV makes comparative analysis of Canadian and U. S. cases by referring to differences in the texts of the Constitutions, case laws, public acceptance, and so forth.
  • 浅野 昌子
    原稿種別: 本文
    2005 年 42 巻 1 号 p. 161-172
    発行日: 2005/11/15
    公開日: 2017/11/01
    ジャーナル フリー
    The United Kingdom has experienced a steady economic growth since the early 1990s and has also made a remarkable progress in decoupling a number of environmental pressures from economic growth. Especially concerning climate change, the UK has reduced its greenhouse gas emissions by 13.5% from 1990 to 2000 (OECD, 2002). The UK has made a good progress towards meeting its national target of cutting CO_2 emissions by 20% between 1990 and 2010, as well as its international target under the Kyoto Protocol (a 12.5% reduction in GHG emissions between 1990 and 2008-12). This progress reflects the infrastructure improvement of environmental policies. Actually, the UK environmental policy has developed in association with EU and international legislation in 1990s. That's why this article aims to examine the UK environmental policy in the 1990s. The politicization of the environment was accelerated when Mrs. Thatcher made a headline speech concerning environmental problems to the Royal Society in 1988. The early 1990s developments marked environmental events such as the White Paper, This Common Inheritance (1990), the Environmental Protection Act (1990), and Sustainable Development-the UK Strategy (1994). Blair government (May, 1997) has been also continuing efforts on environmental policy reform. Let me summarize in this article some interesting environmental features in 1990s. The UK was a pioneer in implementation of IPC approach, and their experiences influenced by the development of the 1996 EU directive on IPPC. The UK has a large number of strong environmental NGOs, which have engaged in practical projects and lobbying on policies related to environmental quality and biodiversity. The UK has developed tools for quantitative measurement of progress towards a sustainable development. Following the release of the 1994 sustainable development strategy, a set of 118 preliminary indicators was published. These features characterize the UK environmental policy and they have also solidified the foundation for environmental policy development later on.
  • 和田 幸司
    原稿種別: 本文
    2005 年 42 巻 1 号 p. 173-198
    発行日: 2005/11/15
    公開日: 2017/11/01
    ジャーナル フリー
    The primary concern of this paper is to make the affair (the step by Nishi Hongwanji about the different interpretations of Kozenji and Kyogyoji) clear. The target audiences are those who are interested in the history of "buraku," or discriminated communities and Shin Buddhism. The conclusions are as follows: 1. Nishi Hongwanji complained about the different interpretations of a part of "Anjinketsujosyo"'s contents. 2. Nishi Hongwanji gave a strong-worded warning for the different interpretation of "Anjinketsujosyo" through "Kozenji Kyogyoji Kajogaki no Habun" (a kind of an official notice). 3. From a different angle, pupils of Kyogyoji could get spirit of "Ondobo"
  • 原稿種別: 文献目録等
    2005 年 42 巻 1 号 p. A17-
    発行日: 2005/11/15
    公開日: 2017/11/01
    ジャーナル フリー
  • 原稿種別: 文献目録等
    2005 年 42 巻 1 号 p. A7-A20
    発行日: 2005/11/15
    公開日: 2017/11/01
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  • 原稿種別: 付録等
    2005 年 42 巻 1 号 p. A5-A6
    発行日: 2005/11/15
    公開日: 2017/11/01
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  • 原稿種別: 付録等
    2005 年 42 巻 1 号 p. A3-A4
    発行日: 2005/11/15
    公開日: 2017/11/01
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  • 原稿種別: 付録等
    2005 年 42 巻 1 号 p. A2-
    発行日: 2005/11/15
    公開日: 2017/11/01
    ジャーナル フリー
  • 原稿種別: 付録等
    2005 年 42 巻 1 号 p. A2-
    発行日: 2005/11/15
    公開日: 2017/11/01
    ジャーナル フリー
  • 原稿種別: 付録等
    2005 年 42 巻 1 号 p. A1-
    発行日: 2005/11/15
    公開日: 2017/11/01
    ジャーナル フリー
  • 原稿種別: 付録等
    2005 年 42 巻 1 号 p. A1-
    発行日: 2005/11/15
    公開日: 2017/11/01
    ジャーナル フリー
  • 藤井 徳行
    原稿種別: 本文
    2005 年 42 巻 1 号 p. I-
    発行日: 2005/11/15
    公開日: 2017/11/01
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  • 原稿種別: 付録等
    2005 年 42 巻 1 号 p. B1-B2
    発行日: 2005/11/15
    公開日: 2017/11/01
    ジャーナル フリー
  • 原稿種別: 付録等
    2005 年 42 巻 1 号 p. C1-C2
    発行日: 2005/11/15
    公開日: 2017/11/01
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  • 原稿種別: 付録等
    2005 年 42 巻 1 号 p. App2-
    発行日: 2005/11/15
    公開日: 2017/11/01
    ジャーナル フリー
  • 原稿種別: 付録等
    2005 年 42 巻 1 号 p. App3-
    発行日: 2005/11/15
    公開日: 2017/11/01
    ジャーナル フリー
  • 原稿種別: 表紙
    2005 年 42 巻 1 号 p. Cover3-
    発行日: 2005/11/15
    公開日: 2017/11/01
    ジャーナル フリー
  • 原稿種別: 表紙
    2005 年 42 巻 1 号 p. Cover4-
    発行日: 2005/11/15
    公開日: 2017/11/01
    ジャーナル フリー
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