2013 Fiscal Year Final Research Report

Reinvestigating Social Control: from Legal Philosophy to Philosophy of Order

Research Project

Project/Area Number	23530009
Research Category	Grant-in-Aid for Scientific Research (C)
Allocation Type	Multi-year Fund
Section	一般
Research Field	Fundamental law
Research Institution	Nagoya University
Principal Investigator	OHYA Takehiro 名古屋大学, 法学研究科, 教授 (00292813)
Project Period (FY)	2011 – 2013
Keywords	法哲学 / 情報化社会論 / 権力 / アーキテクチャ / 監視社会
Research Abstract	To appropriately investigate architectural power, noticed for its active utilization in these years, with law as a traditional target of legal philosophical study, by proposing to treat them commonly as measures for social control, analyzed their characters and mutual relations. Under recognition that the mechanism of the "person" and its self-decision, the foundation for modern government through law, has certain problem from its origin and is declining now, proposed three alternative social mechanism: neo-liberalism as "the new medieval age", government house utilitarianism, and hyper-panopticon as complete surveillance society. The result was published as a book from Chikuma Publishing (in Japanese), in March 2014.