Regenerative Society and State by Contract: Potential for a Welfare Reform and Environmental Commons

点击翻译按钮获取中文摘要

The civil society as System der Bedurfnisse which has continued to expand at a global scale since 1990s demands the past capitalistic state for a structural change and would threaten the very existence of civil society in near future; typical phenomena are declining birthrate, disaster and environmental disruption. Ironically,many people living in the crisis time can find the contract metaphor that is a notionrepresenting bidirectionality or necessity of interactive behavior as to counter the movement of state and civil society. Those notions are increasingly adopted in many peoples mind and action as an alternative idea against malfunction of national democracyin the capitalistic state, and against legal system in which services was converted to the market from the state and are offered through consumer choice or unilateral exchange of public services. The result of this study shows that legal studies both of public law and private law should find a legal representation of new contract and prove its particular existence form in different administrative fields. It is planned to publish a book in which the result of our research would be shown.