In search of a new theory of rights: A dialogue between political philosophy and constitutional law

点击翻译按钮获取中文摘要

This project intends to seek for a new theoretical framework for the analysis of new theories of rights that have emerged in order to defend the vulnerable status of powerless minorities. It did so by comparing and combining the research findings of contemporary political philosophy and constitutional law. It first attempted to clarify the features and limits of the arguments of the political philosophers by examining the ways in which various American and European constitutional theorists reacted to political philosophers. It also examined the counter-reactions of political philosophers to the new arguments from those American and European constitutional theorists. Likewise, it highlighted the new issues and arguments presented specifically by the constitutional theorists, and explored the reasons why they were not shared by the political philosophers. Finally, it examined the possible way in which theories of new rights will be developed in the Japanese academic world. This project it intends to show how political theorists and constitutional theorists can work together to develop new theories of rights suitable for the current condition of our time.