A historical phase of the eugenic law of the Natis and the influence to the legal institution about Reproduction in Germany after the Second World War
| Project/Area Number |
16530012
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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 | Setsunan University |
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Principal Investigator |
MITSUNARI Miho Setsunan University, Faculty of Law, Professor, 法学部, 教授 (60202347)
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| Project Period (FY) |
2004 – 2006
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| Project Status |
Completed (Fiscal Year 2006)
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| Budget Amount *help |
¥3,300,000 (Direct Cost: ¥3,300,000)
Fiscal Year 2006: ¥1,200,000 (Direct Cost: ¥1,200,000)
Fiscal Year 2005: ¥900,000 (Direct Cost: ¥900,000)
Fiscal Year 2004: ¥1,200,000 (Direct Cost: ¥1,200,000)
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| Keywords | gender / Germany / eugenics / reproduction / legal history / sterilization law / Natis / sexuality / 自己決定 |
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| Research Abstract |
This study aimed to make clear the characteristics of the eugenic legal system in the Natis from a point of compararison with Western states and examine an influence to the legal institution about reproduction in Germany after the Second World War.
(1)The Natis as "State of regulative Reproduction" pursued not only a positive, but also a negative eugenics. Because of a low level in the assisted reproductive technology, the Natis could not practice a positive eugenics so thoroughly. But, it took the lead in a negative eugenics and was strengthening its inhuman character. Victims by the sterilization operation were 400,000, which consisted half of men and half of women. The Gender-bias was very strong and women suffered from more serious physical and mental damage than men.
(2)A national control of reproduction was a part of politics as a social state which was established since the end of the 19.century. The Natis was one of them. The reproductive politics were different according to the kind of eugenics and genetics in each state. "Rassenhygiene" in the Natis based on a inherent genetics. Besides a sterilization, many negative eugenic projects were put into effect-law of blood protection and prohibition of prostitution, homosexuality, abortion.
(3)The historical experience of the Natis decided a course of the legal institution about reproduction in Germany after the Second World War. The government and medical professionals in Germany acknowledged in 1980s their responsibilities for the cooperation with the oppression against the German handicapped. "dignity of man" ("die Wuerde des Menschen"=Grundgesetz Art.1) is the most important value in Germany. By the Embryo protection law (1990) is prohibited the artificial use of embryo except special cases. Germany aims at new biopolitics which is different from bioethics in USA.
(4)I intend to publish an article in a book (Mitsunari et al.(ed.)"Sexuality and Gender"[2008]) and joint research on embryo protection.
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Report
(4 results)
Research Products
(8 results)
