2013 Fiscal Year Final Research Report
A Study of the Philosophical Bases and Normative Implications of the Conventionalist Concept of Artificial Person
| Project/Area Number |
21530009
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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 | Kobe University |
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Principal Investigator |
SAKURAI Tetsu 神戸大学, 大学院国際文化学研究科, 教授 (30222003)
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| Project Period (FY) |
2009-04-01 – 2014-03-31
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| Keywords | 法人 / 国家 / ネーション / 民主主義 / 正義 |
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| Research Abstract |
This research project has focused attention on the normative relationship between the human-rights protection by the modern nation-states and the concept of sovereignty and noted that it is important to see the democratic process, or the core of the juristic personhood of the state, within the context of international society. In the light of these findings, this project made it clear that the nature of the democratic decision-making process of the modern national-state as an artificial person needs to be analyzed not only from the perspective of a traditional domestic framework of social contract but also in terms of the principle of self-determination, or the non-interference principle, in the international law.
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