日本近代法理論における道徳性の問い : 穂積陳重「法律進化論」とショーペンハウアーの接点

概要

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Nobusihige Hozumi (1856-1926) was largely influenced by Schopenhauer's principles of legal theories in his understanding of law. In his theories of legal evolution Hozumi found a basis for marriage, which was the social origin, in Schopenhauer's philosophy. Hozumi also stipulated that transcendental basic laws, which would become legal theories of evolution, would become compassion. Furthermore, Hozumi, just as Schopenhauer did, followed Schopenhauer in his elucidation of legal theories which progressed from revenge to punishment to justice and to compassion (Mitleid), that is loving compassion. Hozumi believed that Schopenhauer's philosophy was the foundation for his legal theories of evolution. And his aim was to maximize the practicality and realization of justice and human love. Along the line of accepting Schopenhauer's philosophy the aim of this paper is to crystallize the foundation of Schopenhauer's thought behind legal theories of evolution. It is also noted that attempts are made to look into a possibility of acceptance and the outcome of Schopenhauer's philosophy in contemporary Japan's legal theories (in legal science and legal philosophy).
2005-01-31