Jurisprudence of Preventive/Precautionary Intervention
Project/Area Number |
22530007
|
Research Category |
Grant-in-Aid for Scientific Research (C)
|
Allocation Type | Single-year Grants |
Section | 一般 |
Research Field |
Fundamental law
|
Research Institution | Osaka University |
Principal Investigator |
|
Project Period (FY) |
2010 – 2012
|
Project Status |
Completed (Fiscal Year 2012)
|
Budget Amount *help |
¥3,640,000 (Direct Cost: ¥2,800,000、Indirect Cost: ¥840,000)
Fiscal Year 2012: ¥910,000 (Direct Cost: ¥700,000、Indirect Cost: ¥210,000)
Fiscal Year 2011: ¥1,300,000 (Direct Cost: ¥1,000,000、Indirect Cost: ¥300,000)
Fiscal Year 2010: ¥1,430,000 (Direct Cost: ¥1,100,000、Indirect Cost: ¥330,000)
|
Keywords | 予防的介入 / リスク / 刑事政策 / 国際関係 / 法哲学 / 予防的介 |
Research Abstract |
The initial objective of this study was to explore the theoretical tension between consequential realism (or legal instrumentalism) and deontological arguments concerning conceptions of liberty and human rights in implementing “preventive/precautionary” measures, especially in the context of discussion over criminal justice and foreign policies. However, through the experiences of the explosion of the Fukushima nuclear power plants and its aftermath, it became clear that the study should cover the extensive re-examination of the jurisprudential survey on “prevention/precaution” against scientific uncertainty and the validity of the intervention in the name of “emergency”.
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Report
(4 results)
Research Products
(17 results)