General Study on the Right of Self Determination - Analysis of New Human Image in the Postmodern Law
| Project/Area Number |
13620016
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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 | Waseda University |
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Principal Investigator |
SASAKURA Hideo School of Law, Professor, 法学部, 教授 (10009839)
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| Project Period (FY) |
2001 – 2002
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| Project Status |
Completed (Fiscal Year 2002)
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| Budget Amount *help |
¥1,900,000 (Direct Cost: ¥1,900,000)
Fiscal Year 2002: ¥900,000 (Direct Cost: ¥900,000)
Fiscal Year 2001: ¥1,000,000 (Direct Cost: ¥1,000,000)
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| Keywords | right of self determination / pursuit of happiness / legal principles / postmodernism / new types of human rights / 法原理 / 成年後見 / 修復的司法 / 社会史 / 社会保障におけるパラダイム転換 / インフォームド・コンセント |
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| Research Abstract |
The main object of this project is to construct a general theory of personal autonomy (self-determination). On this account, I carried on a research in the years 2001 and 2002 to describe the new trend of theory of personal autonomy in the fields of constitutional law, labor law and social welfare law.
I also studied the new system of adult guardianship in civil law, and the movement of restorative justice in criminology, as they are deeply concerned with the new trend of personal autonomy. These researches suggest that a new theory of personal autonomy is necessary not only to modernize social institutions but also to strengthen personal initiative in order to overcome post-modern alienation. To understand the theoretical background of this phenomenon, I analyzed post-modernistic social theories.
Based on these research, I have written some articles in the year 2002. First, I published "Philosophy of Law", in which some chapters are dedicated to the description of the new trend of the theory of personal autonomy. I also wrote an essay "Legal Principles", in which I constructed an original methodology to handle the theory of personal autonomy. I also published in March 2003 "Studies on Maruyama Masao" and argued on the postmodernism in the social philosophy.
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Report
(3 results)
Research Products
(8 results)
