「チャタレイ事件」判決における猥褻概念の論理分析

概要

論文の詳細を見る
What is obscene differs from person to person, and therefore it is difficult to define obscenity. The term "obscenity" relates to the legal definition of whether materials described sexually explicit are protected under Article 21 of the Japanese Constitution guarantees of freedom of expression. This article analyzes two judgments of the High Court and the Supreme Court from a logical point of view in the case of "Chatterley", and clarifies the backgrounds and value judgments that are implicitly assumed as preconditions of judgment. The following interesting points are indicated: 1) Two legal definitions of obscenity by Daishinin (the former Supreme Court) and Petty Bench of the Supreme Court is logically different, though they are often understood to have the same meaning. 2) The logical characteristic of the judgment of the Supreme Court is to change the order of definientia of obscenity, and to decide with peculiar morality or sexual morality derived from the definiens. 3) The relationships are explored between the legal definition of obscenity and guarantees of freedom of expression, and between obscenity and literary, artistic or scientific value.
札幌学院大学の論文
2003-02-28