New Interpretation of the Social Rights on the Basis of Respect for Individuals
| Project/Area Number |
16530021
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Public law
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| Research Institution | Tokai University (2005)
Hyogo University of Teacher Education (2004) |
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Principal Investigator |
OSHIKUBO Michio Tokai University, School of Law, Associate Professor, 法学部, 助教授 (30279096)
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| Project Period (FY) |
2004 – 2005
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| Project Status |
Completed (Fiscal Year 2005)
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| Budget Amount *help |
¥2,100,000 (Direct Cost: ¥2,100,000)
Fiscal Year 2005: ¥1,000,000 (Direct Cost: ¥1,000,000)
Fiscal Year 2004: ¥1,100,000 (Direct Cost: ¥1,100,000)
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| Keywords | respect for individuals / human dignity / right to the minimum standard of living / right to receive education / autonomy of individuals / image of human being / personality / 「個人の尊重」 / 社会権 / 生活保護 |
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| Research Abstract |
This study presents a new interpretation of the right to the minimum standard of living (Article 25 of the Constitution) and the right to receive education (Article 26) on the basis of "respect for individuals" (Article 13). In addition, as the premise, I made a evolution of the understanding about the "respect for individuals", their autonomy and the "human dignity" (Article 1 of the Constitutional Law for the Federal Republic of Germany) which have a close relation to it. The results are following articles: "Protect Dignity of the Deceased" "Is the Image of a Human Being changed ?" "Constitutionality of a Indefinite Preventive Detention" "Position of the Human Dignity as a Positive Law in the Japanese Constitution". However, following articles are the results which relate to this project directly: "Livelihood Protection and the Respect for Individuals" "Individuals to teach, and to be taught".
In "Livelihood Protection and the Respect for Individuals" are the followings prescribed. Th
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e limitation to normal acts of the recipient and unfair exclusion of an outlier from livelihood protection are caused by an image of a human being which is based on the minimum standard living. In order to overcome such problems, I made it clear that the right to the minimum standard of living is aimed at substance of freedom and that there is the "respect for individuals" behind the Article 25. Judging from this structure, the Constitution requested to respect the characteristic life even of the recipient.
In "Individuals to teach, and to be taught" are the followings prescribed. In the basic composition of confrontation between a person to teach and to be taught, the right to receive education is grasped to limit the general power of a person to teach. Freedom of instruction in the university should be justified not by an academic freedom but from the side of students who receive education. In regard to children, their personality should be also the starting point in education, and I showed a policy to prevent the suppression of it when they are oriented from the request of public education. But the personality on the side of individual to teach must be restricted by children's personality and purposes of the public education. In conclusion I examined the basic concepts critically, gave a new meaning to the "educational right of the nation" and showed the route to restrict the governmental authority constitutionally in order to cover its limitation. Less
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Report
(3 results)
Research Products
(15 results)
