2011 Fiscal Year Final Research Report
On the Validity of Jellinek's and Weber's Views on the Origin of Human Rights : A Study from the Viewpoint of History of Law and Legal Thought
| Project/Area Number |
21530010
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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 | Nara University of Education |
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Principal Investigator |
SANO Makoto 奈良教育大学, 教育学部, 教授 (90202100)
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| Project Period (FY) |
2009 – 2011
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| Keywords | 人権の起源 / 信教の自由 / 権利の章典 / イェリネク / ヴェーバー |
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| Research Abstract |
The purpose of this study is to historically verify whether a theory that the origin of human rights is to be found in freedom of religion can be recognized as appropriate. As a result, especially the following four points became clear. The first is that freedom of religion could not be regarded as the conclusive origin of human rights. The second is that in the process of codifying the Virginia Bill of Rights that has been regarded as the document of the oldest rights of man, the section of freedom of religion could not come to a definitive conclusion to the end. The third is that the addressee of freedom of religion was not all the people, but Protestants. The fourth is that regarding the origin of human rights in America, not only freedom of religion but also the right of the people to keep and bear arms was an important factor.
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