自己決定「権」と関係性 : -「エホバの証人」輸血拒否事件を手がかりに-

概要

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The right to self-determination was the subject for discussion in the case of Jehovah's Witness. The right to self-determination presupposes those who satisfy the criteria of rational thought and independence(autonomy). The others who fail to satisfy the precondition are treated as "different". There is a possibility that this distinction makes a fixed discrimination between the normal group and the abnormal, autonomous individuals and those in relationships of dependency. But according to Feminist Martha Minow(Professor at Harverd University), there is not a fixed discrimination. She argued that the whole concept of a boundary depends on relationships, although law's usual boundaries distinguish the self from others. Boundaries, whether social, psychological, or legal, do not exist naturally. The autonomous rights-bearing individual presupposes a community - a community willing to recognize and enforce individual rights. Minow considers rights as tools of communal dialogue.
2001-12-15