On the Validity of Jellinek's and Weber's Views on the Origin of Human Rights : A Study from the Viewpoint of History of Law and Legal Thought

这项研究的目的是从历史上验证人权起源于宗教自由的理论是否可以被承认为适当的。结果，特别是以下四点变得清晰起来。第一，宗教自由不能被视为人权的确凿起源。第二个问题是，在编纂被视为人类最古老权利文件的《弗吉尼亚权利法案》的过程中，宗教自由一节并不能最终得出明确的结论。第三，宗教自由的对象不是全体人民，而是新教徒。第四，关于美国人权的起源，不仅宗教自由，而且人民持有和携带武器的权利也是一个重要因素。

The purpose of this study is to historically verify whether a theory that the origin of human rights is to be found in freedom of religion can be recognized as appropriate. As a result, especially the following four points became clear. The first is that freedom of religion could not be regarded as the conclusive origin of human rights. The second is that in the process of codifying the Virginia Bill of Rights that has been regarded as the document of the oldest rights of man, the section of freedom of religion could not come to a definitive conclusion to the end. The third is that the addressee of freedom of religion was not all the people, but Protestants. The fourth is that regarding the origin of human rights in America, not only freedom of religion but also the right of the people to keep and bear arms was an important factor.