三島教授は、60年代末から70年代はじめの社会的思想的な激動期を挾んで、長年、法思想史・法哲学の研究と教育に携わって、わが国の法哲学界において思想的支柱を担う一人として活躍してこられた。カントをはじめ とするドイツ観念論の法思想、プラトンを中心とする古代ギリシャ法思想、現代自然法論の法思想などに関する一連の研究は、わが国の法思想史研究の画期をなすものであるのみならず、その背後にあって導いている「人間 存在の根源」への真摯な問は、教授の研究に接する者に絶えざる再考を促している。教授の退官を記念して、論集を編むこととなったのは、教授が研究してこられた学問分野と、教授の研究の背後にあるものへのあらたな関 心をよぶ機会としたいと願うからである。.

滝沢教授の古稀を祝して捧げられる論文集。生と死をめぐる法的問題と裁判と法をめぐる諸問題について、学恩を受けた気鋭の学者が執筆。.

The essays in this volume explore the ways rights were available to those on the margins. By tracing pivotal judicial concepts such as 'right of necessity' and 'subjective rights' from their medieval versions, and by situating them in unexpected contexts such as the Franciscans' theory of poverty and colonization or today's immigration and border control, this volume invites its readers to consider whether individual rights were in fact or in theory available to the marginalized. By focusing not only on those (...) who are economically impoverished but also those who were disenfranchised because of disability, gender, race, religion or infidelity, the book also sheds light on the relationship between the early history of individual rights and social justice at the margins. (shrink)

This article examines one institution’s transition from a legalistic approach for resolving cases of academic misconduct to a learning-centered approach that embraces peer-to-peer student-led meetings. The article provides detailed information on how to train students on conducting these meetings along with suggestions for future research. The results of this article provide a framework for institutions who wish to engage students in a learning-centered adjudication model for resolving cases.

Growing up on a farm in early twentieth-century rural Iceland, Karitas Ólafsdóttir, one of six siblings, yearns for a new life. But she is powerless against the fateful turns of real life and all its expectations of women. Pulled back time and again by design and by chance to the Icelandic countryside - as dutiful daughter, loving mother, and fisherman's wife - she struggles to thrive, to be what she was meant to be.

The paper presents a definition of profession that I have developed over two decades: A profession is a number of individuals in the same occupation voluntarily organized to earn a living by openly serving a certain moral ideal in a morally permissible way beyond what law, market, and morality would otherwise require. The paper then briefly explains how this definition improves on more conventional ones, especially on those developed using the method of sociology or conceptual analysis. Finally, the paper defends (...) the definition against one important objection, an objection many professionals, even upon reflection, seem inclined to make. The objection is that higher education, though omitted from my definition, is necessary for an occupation to be a profession. The paper argues that, on the contrary, carpenters or plumbers, porters or common laborers, could form a profession lin the full sensei without much change in the preparation of would-be members of their respective occupations. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Masao Abe: A Bodhisattva’s VowJames FredericksAbout ten years ago, I enjoyed a fine Japanese lunch with my friend and teacher, the late Masao Abe. I gathered with him and his wife, Ikuko, in a traditional restaurant in Kyoto. Abe Sensei had been somewhat pensive and withdrawn for most of the meal. Mrs. Abe and I had been bantering about how late the tsuyu rains had been that year (...) and the effect it was having on Kyoto’s hydrangea. Suddenly Sensei began to speak with an unusual tone of voice, as if saying something of great importance to no one in particular. “It is not enough,” he said. Mrs. Abe and I fell silent and attentive. He repeated himself in the same voice: “It is not enough.” I knew immediately what my teacher was talking about. In his old age and after a long and distinguished career of teaching and lecturing about Zen in the West, Abe Sensei was talking about a Buddhist teaching dear to his heart, “the standpoint of emptiness.” Out of politeness, I did not want to indicate that I understood his meaning so directly and sat wondering what I should say in response. Finally, I settled on something like this: “I will continue to study; Sensei, please continue to teach.” I spoke in the most formal Japanese I could muster out of respect for my teacher and friend.Sitting on the tatami mats in that restaurant in Kyoto was not the only time that Sensei has ever said “it is not enough.” In April 1942, four months after the beginning of the Pacific War, Masao Abe entered Kyoto Imperial University to study philosophy of religion. He was twenty-seven years old, buffeted by criticism for not enlisting in the military, and fearful of the power of nihilism at work in his homeland. In Kyoto, he was much attracted by the lectures of Tanabe Hajime, who was already filled with foreboding over Japan’s impending defeat and looking to Pure Land Buddhism for guidance. Tanabe’s comment “Amida is not far from here” brought Abe to weep inconsolably in the realization that it was he who was moving away from Amida even as Amida was moving toward him. Even still, Sensei would eventually find the Pure Land path “not enough” for resisting the forces of nihilism in the world and in himself.After the war, Abe joined a Zen meditation group that met at Myōshinji in Kyoto. The group was directed by Hisamatsu Shin’ichi, a Zen layman and lecturer on Buddhism at the university. In December 1951, Abe had a violent encounter with Hisamatsu that people still talk about. Zen had begun to erode Abe’s Pure Land faith and the threat of nihilism had returned in force. One evening, in great agitation, [End Page 115] Abe rose from his meditation pillow and lunged toward Hisamatsu screaming, “Is this the true self?” He was restrained briefly and then left the room. Later, Abe said in despair, “I cannot find anyplace where I can stand,” and Hisamatsu answered him straight away: “Stand right at that place where there is no place to stand.” This is what Abe Sensei called “the standpoint of emptiness.” Abe would eventually teach at great universities in the United States and Europe and become one of the leading figures in the dialogue among Buddhists and Christians. At the heart of all of this has been his unwavering commitment to expounding the standpoint of emptiness. Unwavering, that is, until that day in Kyoto over lunch when he said, “It is not enough.”Of Buddhism’s many impressive teachings, the bodhisattva ideal must be one of the most wondrous. A bodhisattva is one who, in the quest for enlightenment, has come to the threshold of nirvana itself. Ready to enter into bliss, the bodhisattva renounces nirvana and turns back to samsara. This return to samsara takes the form of a vow to work skillfully for the benefit of every sentient being. In the bodhisattva’s vow, Buddhism teaches a great and paradoxical truth. Since attachment is the birthplace of sorrow, wisdom requires that attachment be renounced. In the quest for liberation from... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Original Dwelling Place: Zen EssaysRobert E. GossOriginal Dwelling Place: Zen Essays. By Robert Aitken. Upland, California: Counterpoint, 1996. 241 pp.Robert Aitken narrates his over forty-year journey into Zen, elucidating not only his spiritual journey but also reflecting the Americanization of Zen Buddhism. He was introduced to Zen Buddhism during World War II as an internee in a camp for enemy civilians in Kobe, Japan. Original Dwelling Place is Aitken’s (...) ninth book to explore a series of topics that accent his personal journey into Zen. He has gathered a series of essays about the texts and lineage teachers with whom he studied over the years. In the opening section, entitled “Ancestors,” he pays homage to the masters [End Page 212] who influenced his own Zen practice. He writes, “All of my guides have passed away, but they are alive in my mind and body” (p. 5). The book reflects his continuing bond with those deceased teachers who exercised a vital presence and environmental influence within his life. He shares some stories, personal insights, and legacies of some of his guides, such as Nyogen Senzaki, Soen Roshi, Blyth Sensei, and D. T. Suzuki. I found his essay on the legacy of Dwight Goddard filling in many personal details of a pioneer Western Buddhist who significantly contributed to the Americanization of Buddhism. In many ways, Aitken’s own spiritual development and Original Dwelling Place recapitulate the Americanization of Zen Buddhism, providing some important insights into that process of Buddhist acculturation.Yet Aitken does not limit his guides to twentieth-century ones. He brings alive the classical discourses and relates them to contemporary life. Throughout his essays, I was struck by how alive and dynamic Aitken’s Mahayana contemplative vision and practice are. There is a spirit of “contemplative action” that collapses the duality of meditative practice and living that discovers the truth dynamically within a matrix of open living. As a Christian practitioner of Ignatian spirituality, I found many parallels to the Jesuit ideal of being “contemplative in action.” Aitken’s essays elucidate an ongoing dynamic dialectic that fluctuates between meditative reflection and the world of experience—reminding me at times of the contemplative Trappist monk, Thomas Merton, and at other times of the Jesuit poet-activist, Daniel Berrigan.The reader garners an aesthetic sense that classical Zen texts have been an integral part of his journey and have provided him with a platform to reflect on topics such as marriage, death, the use of money, sexuality, and Zen practice. Some of his essays have a meditative quality, drawing the reader into an web of intertextuality and experience where Zen teachers and Western poets engage in a contemplative path of pleasure expressed in awareness of the everyday dewdrop world. There were moments that I envisioned reading a particular essay on retreat, for they had a meditative quality that reminded me of some the writings of Thomas Merton. Like Merton, Robert Aitken does not merely probe meditative experience but attempts to interrogate the everyday experiences of Western Buddhists from meditative awareness. Most Japanese Buddhists, he notes, are married within Shinto ceremonies, and Western Buddhists have resurrected old Buddhist marriage ceremonies seldom used by Japanese practitioners. Western Buddhist marriage ceremonies, Aitken notes, are a relatively new tradition that often blends ceremonies from The Book of Common Prayer with Buddhist rituals. He ends his short essay on marriage with final reflections on how marriage and family form a little sangha.In “Death: A Zen Buddhist Perspective,” Aitken breaks new ground by noting how Buddhists face the fact of death and find solace in impermanence. He quotes the Japanese haiku poet, Isa Kobayashi (1763–1827), grieving at the loss of his baby daughter:The dewdrop world is the dewdrop world, and yet—and yet(p. 124). [End Page 213]Isa looks desperately for something to give him hope but only finds comfort in his grief. Aitken points out that within grief is emancipation and that bereavement can be a good teacher. He develops some reflections on a highly underdeveloped topic within Buddhism: grieving and the transformation of grief into solace.Aitken writes on political revolution and the matters of ethics. He addresses... (shrink)