2009 Fiscal Year Final Research Report
A Philosophical Study on the Principle of Separation of Criminal Law from Civil Law : An Inquiry into the Possibility of Privatization
| Project/Area Number |
20730009
|
|---|
| Research Category |
Grant-in-Aid for Young Scientists (B)
|
| Allocation Type | Single-year Grants |
|---|
| Research Field |
Fundamental law
|
|---|
| Research Institution | Nagasaki Institute of Applied Science |
|---|
Principal Investigator |
HASHIMOTO Yuko Nagasaki Institute of Applied Science, 国際文化学部, 准教授 (80379495)
|
|---|
| Project Period (FY) |
2008 – 2009
|
| Keywords | 法哲学 / 現代正義論 / 司法の市場化 / 民刑分離の原則 / リバタリアニズム |
|---|
| Research Abstract |
The possibility and limits of the privatization of legal systems, which encompasses the total replacement of criminal sanctions with monetary compensation, were discussed. The legitimacy of punitive authority of the state was also challenged through inquiring about why privately inflicted sanctions were impermissible. Finally, the principle of separation of criminal law from civil law was re-examined critically in philosophical perspective.
|
