| Project/Area Number |
14520012
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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 | Hokusei Gakuen University |
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Principal Investigator |
IWAMOTO Ichiro Hokusei Gakuen Univ., Fac. of Economics, Associate Professor, 経済学部, 助教授 (30271620)
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| Co-Investigator(Kenkyū-buntansha) |
HASEGAWA Ko Hokkaido Univ., Grand. School of Law, Professor, 大学院・法学研究科, 教授 (90164813)
KURATA Satoshi Hokkaido Univ., Grand. School of Law, Professor, 大学院・法学研究科, 教授 (90261263)
YOSHIDA Katsumi Hokkaido Univ., Grand. School of Law, Professor, 大学院・法学研究科, 教授 (20013021)
INOUE Masako Aichi Gakusen Univ., Fac. of Community Policy, Associate Professor, コミュニティ政策学部, 助教授 (10222291)
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| Project Period (FY) |
2002 – 2003
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| Project Status |
Completed (Fiscal Year 2003)
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| Budget Amount *help |
¥3,400,000 (Direct Cost: ¥3,400,000)
Fiscal Year 2003: ¥1,300,000 (Direct Cost: ¥1,300,000)
Fiscal Year 2002: ¥2,100,000 (Direct Cost: ¥2,100,000)
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| Keywords | family / family law / car / gender / social solidarity / public / private dichotomy / liberalism / DV Act |
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| Research Abstract |
In the late 20th century diversity of family forms and individualization of life style have transformed modern family as a nuclear family, and a new family model, which we called "2 1st family model", turned up. Main Purpose of this project is to analyze merits and demerits of this 21st family model and guide future reconstructions of Japanese legal system of family.
In this project Iwamoto insists that a liberal theory of justice, that assumes individuals as an autonomous and independent person, should take the care ethics seriously and recognize interdependency and vulnerability of persons in our society. If the liberal theory of justice try to be consistent with the care ethics, it will be necessary to rethink liberal basic conceptions, such as liberty equality, and democracy Yoshida investigates some problems of Japanese family law presented in discussion about reforms of Japanese civil law form a view of gender. He presents notions of liberty and equality to overthrow an old gender-order. Kurata points some limits of an autonomy-based theory of social security and find a moral and legal foundation of social security in an idea of social solidarity, which has some normative significance for social security system. He also stresses that a basic unit of social solidarity is family. Hasegawa considers a structure of family and a position of individual family member from view of relation between individuality and communality, and inquires into possibility of integrity of plural relationship in family. The Idea of fairness centered on liberal legal systems gives normative standards that regulates publicly family. Inoue makes a critical inquiry into public/private dichotomy, relating with the legislative amendment of DV Act. In process of her investigation she had interviews with stuffs of Feminist Support Center in Tokai (NPO) concerning its reform proportion of DV Act.
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