2007 Fiscal Year Final Research Report Summary
Legal Theory of Aging Society
| Project/Area Number |
17330008
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| Research Category |
Grant-in-Aid for Scientific Research (B)
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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 | Osaka University |
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Principal Investigator |
TAKADA Atsushi Osaka University, Graduate Schcol of Law and Politics, Professor (70243540)
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| Co-Investigator(Kenkyū-buntansha) |
TAKAI Hiroyuki Osaka University, Graduate School of Law and Politics, Professor (80216605)
NAKAYAMA Ryuichi Osaka University, Graduate School of Law and Politics, Professor (00257958)
ENDO Mina Seinan Gakuinn University, Faculty of Iaw, Associate Professor (40319786)
OGATA Ken Doshisha University, Faculty of Law, Associate Professor (60368470)
TSUDA Sayuri University of Kitakyushu, Faculty of Law, Associate Professor (30336953)
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| Project Period (FY) |
2005 – 2007
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| Keywords | Aging Society / Legal Theory / Theory of Constitution / Welfare State / Social Security / Autonomy / Respect as Individuals / Care |
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| Research Abstract |
This joint Research inquires the "Legal Theory" as Meta-theory of jurisprudence, that can reflect on a variety of legal phenomena in the "Aging Society".
In the first stage of the research we focused our target mainly on legal phenomena in the field of Public Law, and developed the legal theory of Public Law about the Aging Society, which consists of the theory of rights and that of building and application of Law. In the second stage we investigated through discussions with specialists of Private Law, how far these theories can be applied to phenomena in the field of Private Law.
Through our joint research the comprehensive "Legal Theory of Aging Society' can be developed. In the-theory of rights we build up the typology of rights, which can distinguish forms of rights in the "Aging Society". In the theory of building and application of Law we tried to develop ways of observations, which describe phenomena of building and application of Law in the "Aging Society' as cycle.
We tried to have many opportunities to show specialists in practice results of our Research. Their reactions were very positive. In the rapid changing to the "Aging Society" they are confused and ask seriously for the "theory", which can reflect on complex and changing problems. This Theory can give the orientation to specialists not only in science but also in practice, who struggle with legal phenomena in the "Aging Society".
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