How are Rights to Culture to be Realized? -Between Liberal Theories of Justice and the Protection of Indegenous People-

Research Project

Project/Area Number	11620001
Research Category	Grant-in-Aid for Scientific Research (C)
Allocation Type	Single-year Grants
Section	一般
Research Field	Fundamental law
Research Institution	Hokkaido University
Principal Investigator	HASEGAWA Ko Hokkaido University, School of Law, Professor, 大学院・法学研究科, 教授 (90164813)
Project Period (FY)	1999 – 2000
Project Status	Completed (Fiscal Year 2000)
Budget Amount *help	¥1,600,000 (Direct Cost: ¥1,600,000) Fiscal Year 2000: ¥700,000 (Direct Cost: ¥700,000) Fiscal Year 1999: ¥900,000 (Direct Cost: ¥900,000)
Keywords	Rights / Fairness / Indegenous People / Justice / Liberalism / 文化
Research Abstract	How are rights to culture to be realized ? In particular, the protection of indegenous people, and their language and life-forms ? And, for this problem, how can liberal theories of justice which is based on modern individualism function ? ---This is the problem of this research project. However, the object and method for this problem has not been firmly established. Language and traditional lif-forms are tacit behavior patterns. To protect them, the chracter of goods to be supported and their real effects are problems. Also there is a diversity among local cultures, even racial differences, which has to be counted in distributive thinkings. Regarding the distribution itself, its criteria and method become problems. Especially for indegenous people, the problem, to whom, to what kind of activities, and what kind of goods are to be distributed, is real problem and has no established general framework. Although liberal theories of justice are very significant for these problems, we have to be aware what type of cautions are necessary. In this research project, I have tried to construct a general framework for the protections of lives of indegenous people from the angle of a liberal theory of justice, in particular for the preservation of language and traditional life-forms. Thereby, the normative foundations of the idea of rights, the significance of the ideal of fairness for the protection of equal access to independence, the substantive content of the ideal of fairness has been explored theoretically. And the importance of the process of interpretive dialogue as the social channel for the realziation of the ideal of justice has been pursued for the realization of rights to cultures for indegenous people.