2001 Fiscal Year Final Research Report Summary
The Construction of the Legal System for Supporting Autonomy
| Project/Area Number |
12620001
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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 |
Fundamental law
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| Research Institution | HOKKAIDO UNIVERSITY |
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Principal Investigator |
YOSHIDA Katsumi Hokkaido Univ., School of Law, Professor, 大学院・法学研究科, 教授 (20013021)
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| Co-Investigator(Kenkyū-buntansha) |
HASEGAWA Ko Hokkaido Univ., School of Law, Prof., 大学院・法学研究科, 教授 (90164813)
IWAMOTO Ichiro Hokusei Gakuen Univ., Faculty of Economics, Asso. Prof., 経済学部, 助教授 (30271620)
KURATA Satoshi Hokkaido Univ., School of Law, Asso. Prof., 大学院・法学研究科, 助教授 (90261263)
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| Project Period (FY) |
2000 – 2001
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| Keywords | public and private / autonomy / social welfare / needs / rights / justice |
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| Research Abstract |
In this research project, Yoshida has been considering the theories of legal change especially in the field of civil law in 1990's, with the relationship to the constitutional system in Japan. Yoshida has dealt with the recent trends of consumer laws and of family laws. As to the latter, the reconstruction of the public-private in family was considered. Kurata has studied the legal aspect of social insurance system in Japan, from the viewpoint of social solidarity. In so doing, Kurata has endorsed the importance of the multi-faceted supporting system for the handicapped people, especially for the future change of Japanese social welfare system from 2003.
Iwamoto has considered on the importance of human need and her background of the ideal of autonomous individuals and community, especially with the relationship with the Japanese constitution. Iwamoto has paid attention to the tensions between liberal thinking and communitarian thinking in social welfare. And, Hasegawa has been researching on the image of autonomous individuals and constituional principles for them. Hasegawa has picked up the multiplicity of persons and the possibility of the liberal institutional protections for them. With these multi-angle researches, this project has articulated the possible content of the legal system for supporting autonomy.
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