This paper discusses how to refine a given initial legal ontology using an existing MRD (Machine-Readable Dictionary). There are two hard issues in the refinement process. One is to find out those MRD concepts most related to given legal concepts. The other is to correct bugs in a given legal ontology, using the concepts extracted from an MRD. In order to resolve the issues, we present a method to find out the best MRD correspondences to given legal concepts, using two (...) match algorithms. Moreover, another method called a static analysis is given to refine a given legal ontology, based on the comparison between the initial legal ontology and the best MRD correspondences to given legal concepts. We have implemented a software environment to help a user refine a given legal ontology based on these methods. The empirical results have shown that the environment works well in the field of Contracts for the International Sale of Goods. (shrink)

「社会はより良くなる」という「進歩」の理想が失われ、右も左もいまや弱体化している―。200余年にわたるその過程を描き、地球規模の「正義」でなく、自らの現場から始める「ミニマルな正義」を推奨する、この時 代の正義論。.

日本を代表する「思考の達人」“Meisterdenker”たちは如何にして、明治維新以降、輸入品ではない、日本固有の思考法・方法論を創りだしたのか?続々重版の大好評、入門講義シリーズ。日本に学問として の「哲学」を定着させるうえで決定的な役割を果たした西田幾多郎『善の研究』と日本的な「倫理学」の方法論を開拓したとされる和辻哲郎『人間の学としての倫理学』を熟読し、日本人の深層に在る思想を探る。.

プラトン以降の西欧哲学・思想史において、“すぐれた哲学・思想”と思われているものが、いかに擬似宗教化の危険性と隣り合わせにありそのことが哲学者・思想家によってどのように問題化され、論じられてきたのか。 本書では、現代思想に特に強い影響を与えたハイデガー、アーレント、デリダなどの論考をてがかりに、思想史の概観を試みる。新興宗教体験を持つ著者だからこそ、現代日本の思想業界に、“生き生きとしたラディカルな 思想”を中心とした「真の共同体」を求めるかのような、擬似宗教化の風潮が生じていることが分かるのである。.

篤胤において死の問題は、死後の存在としての霊魂の問題となり、さらには霊魂の行き場所の問題となる。もし人が死後に霊魂となることが確実であり、霊魂の行き着く場所が特定されるのであれば、先に現在の私たちに即 して述べたような死の問題は、「解決」されるに違いない。篤胤はまさにそのことを『霊の真柱』において試み、「幽冥界」という観念を提示することになる。.

Since Japan adopted the concept of informed consent from the West, its inappropriate acquisition from patients in the Japanese clinical setting has continued, due in part to cultural aspects. Here, we discuss the current status of and contemporary issues surrounding informed consent in Japan, and how these are influenced by Japanese culture.

Fundamental notions Husserl introduced in Ideen I, such as epochè, reality, and empty X as substrate, might be useful for elucidating how mathematical physics concepts are produced. However, this is obscured in the context of Husserl’s phenomenology itself. For this possibility, the author modifies Husserl’s fundamental notions introduced for pure phenomenology, which found all sciences on the absolute Ego. Subsequently, the author displaces Husserl's phenomenological notions toward the notions operating inside scientific activities themselves and shows this using a case study (...) of the construction of noncommutative geometry. The perspective in Ideen I about geometry and mathematical physics includes points that are inappropriate to modern geometry and to modern physics, especially to noncommutative geometry and to quantum physics. The first point relates to the intuitive character of geometrical objects in Husserl. The second is linked to the notion of locality related to the notion of extension, by which Husserl characterizes the essence of physical things. The points show that the notion of empty X as a substrate, developed in “Phenomenology of Reason” in Ideen I, is helpful for considering the notions of physical reality and of geometrical space, especially reality in quantum physics and space in noncommutative geometry. The salient conclusions include the proposition that aphilosophical study of the relationship between the physical object X, which imparts a unity to what is given to sensibility, and the geometrical space X, which imparts a unity of sense to various mathematical operations, opens a reinterpretation of Husserl’s interpretation, supporting an epistemology of mathematical physics. (shrink)

Abstract:Many scientists argue that the world is becoming increasingly dominated by human activity, much to the detriment of the natural world. In what scholars have dubbed the Anthropocene, the current geological epoch during which time human activity has been the dominating force over climate and the environment, many questions of environmental ethics have arisen. Who does the earth belong to? What is the relationship between humans and the environment? What is the moral standing of non-human life? Locke and Rousseau provide (...) varying answers to these questions, which are central to discussions of environmental ethics. In many ways, Locke and Rousseau's answers are opposed to each other, suggesting a differing world view when it comes to environmental ethics. Locke's understanding of environmental ethics seems to dominate, and perhaps even cause, the onset of the Anthropocene, but Rousseau's response, and a potential turn toward his understanding of environmental ethics marks an ideological shift in the way that humans understand their relationship with the world around them. This paper argues that the writings of Locke and Rousseau correspond to different stages of the Anthropocene with significant effects on both environmental ethics and environmental governance and policy. (shrink)

This paper demonstrates that recent changes in the mass media, especially TV programs, change democratic practice. I argue that this theory is applicable not only to the US, but also to Japan after the 1990s. This paper is organized as follows: the first section confirms that the increase in TV news after the 1980s is driven by an increase in or political news. The second section describes the changes in political practice – elections, policy processes, and party organization brought about (...) by this change in the mass media, using both quantitative and qualitative methods. (shrink)

The functions and expression pattern of urea cycle enzymes have undergone considerable changes during the course of evolution. Sequence analyses shows that urea cycle enzymes from mammals are homologous to microbial enzymes of the arginine‐metabolic pathway. Recently, an unexpected relationship was found between argininosuccinate lyase (EC 4.3.2.1), the fourth enzyme of the cycle, and δ‐crystallin, a lens structural protein of birds and reptiles.

In this study, we analyzed the relationship between confirmation bias, which causes people to preferentially view information that supports their opinions and beliefs, and web search behavior. In an online user study, we controlled confirmation bias by presenting prior information to participants that manipulated their impressions of health search topics and analyzed their behavioral logs during web search tasks. We found that web search users with poor health literacy and negative prior beliefs about the health search topic did not spend (...) time examining the list of web search results, and these users demonstrated bias in webpage selection. In contrast, web search users with high health literacy and negative prior beliefs about the search topic spent more time examining the list of web search results. In addition, these users attempted to browse webpages that present different opinions. No significant difference in web search behavior was observed between users with positive prior beliefs about the search topic and those with neutral belief. (shrink)

The following is a short introduction to this special issue, which builds on and significantly extends and updates the research published recently in the Iwanami Series on Japanese economic history. First, we offer a modern interpretation of four institutional elements that are particularly important for understanding the growth path of the Japanese economy. These are (a) ownership; (b) regulation of factor markets; (c) labor mobility and (d) the judiciary. These four elements properly clarify the incentive structure behind economic institutions. We (...) then briefly explain how the four articles in this special issue—two at the macro level providing updated estimates of long-run rates of growth in gross domestic product (GDP) and total factor productivity (TFP), and two at the micro level examining institutional changes in specific markets—build on this unified framework, and deepen our understanding of Japanese economic history. (shrink)

This paper aims at bringing a new philosophical perspective to the current debate on the death penalty through a discussion of peculiar kinds of uncertainties that surround the death penalty. I focus on laying out the philosophical argument, with the aim of stimulating and restructuring the death penalty debate. I will begin by describing views about punishment that argue in favour of either retaining the death penalty (‘retentionism’) or abolishing it (‘abolitionism’). I will then argue that we should not ignore (...) the so-called “whom-question”, i.e. “To whom should we justify the system of punishment?” I identify three distinct chronological stages to address this problem, namely, “the Harm Stage”, “the Blame Stage”, and “the Danger Stage”. I will also identify four problems arising from specific kinds of uncertainties present in current death penalty debates: (1) uncertainty in harm, (2) uncertainty in blame, (3) uncertainty in rights, and (4) uncertainty in causal consequences. In the course of examining these four problems, I will propose an ‘impossibilist’ position towards the death penalty, according to which the notion of the death penalty is inherently contradictory. Finally, I will suggest that it may be possible to apply this philosophical perspective to the justice system more broadly, in particular to the maximalist approach to restorative justice. (shrink)

Destination therapy is the permanent implantation of a left ventricular assist device in patients with end-stage, severe heart failure who are ineligible for heart transplantation. DT improves both the quality of life and prognosis of patients with end-stage heart failure. However, there are also downsides to DT such as life-threatening complications and the potential for the patient to live beyond their desired length of life following such major complications. Because of deeply ingrained cultural and religious beliefs regarding death and the (...) sanctity of life, Japanese society may not be ready to make changes needed to enable patients to have LVADs deactivated under certain circumstances to avoid needless suffering. Western ethical views that permit LVAD deactivation based mainly on respect for autonomy and dignity have not been accepted thus far in Japan and are unlikely to be accepted, given the current Japanese culture and traditional values. Some healthcare professionals might regard patients as ineligible for DT unless they have prepared advance directives. If this were to happen, the right to prepare an advance directive would instead become an obligation to do so. Furthermore, patient selection for DT poses another ethical issue. Given the predominant sanctity of life principle and lack of cost-consciousness regarding medical expenses, medically appropriate exclusion criteria would be ignored and DT could be applied to various patients, including very old patients, the demented, or even patients in persistent vegetative states, through on-site judgment. There is an urgent need for Japan to establish and enact a basic act for patient rights. The act should include: respect for a patient’s right to self-determination; the right to refuse unwanted treatment; the right to prepare legally binding advance directives; the right to decline to prepare such directives; and access to nationally insured healthcare. It should enable those concerned with patient care involving DT to seek ethical advice from ethics committees. Furthermore, it should state that healthcare professionals involved in the discontinuation of life support in a proper manner are immune to any legal action and that they have the right to conscientiously object to LVAD deactivation. (shrink)

Background Destination therapy is the permanent implantation of a left ventricular assist device in patients with end-stage, severe heart failure who are ineligible for heart transplantation. DT improves both the quality of life and prognosis of patients with end-stage heart failure. However, there are also downsides to DT such as life-threatening complications and the potential for the patient to live beyond their desired length of life following such major complications. Because of deeply ingrained cultural and religious beliefs regarding death and (...) the sanctity of life, Japanese society may not be ready to make changes needed to enable patients to have LVADs deactivated under certain circumstances to avoid needless suffering. Main text Western ethical views that permit LVAD deactivation based mainly on respect for autonomy and dignity have not been accepted thus far in Japan and are unlikely to be accepted, given the current Japanese culture and traditional values. Some healthcare professionals might regard patients as ineligible for DT unless they have prepared advance directives. If this were to happen, the right to prepare an advance directive would instead become an obligation to do so. Furthermore, patient selection for DT poses another ethical issue. Given the predominant sanctity of life principle and lack of cost-consciousness regarding medical expenses, medically appropriate exclusion criteria would be ignored and DT could be applied to various patients, including very old patients, the demented, or even patients in persistent vegetative states, through on-site judgment. Conclusion There is an urgent need for Japan to establish and enact a basic act for patient rights. The act should include: respect for a patient’s right to self-determination; the right to refuse unwanted treatment; the right to prepare legally binding advance directives; the right to decline to prepare such directives; and access to nationally insured healthcare. It should enable those concerned with patient care involving DT to seek ethical advice from ethics committees. Furthermore, it should state that healthcare professionals involved in the discontinuation of life support in a proper manner are immune to any legal action and that they have the right to conscientiously object to LVAD deactivation. (shrink)

This paper aims to scrutinize how the notion of risk should be understood and applied to possibly catastrophic cases. I begin with clarifying the standard usage of the notion of risk, particularly emphasizing the conceptual relation between risk and probability. Then, I investigate how to make decisions in the case of seemingly catastrophic disasters by contrasting the precautionary principle with the preventive (prevention) principle. Finally, I examine what kind of causal thinking tends to be actually adopted when we make decisions (...) on emergent cases. My arguments are mainly based on Japan's 2011 massive earthquake and nuclear power station accident. Masaki Ichinose. (shrink)

In recent years, a number of news stories were reported worldwide involving brain-dead pregnant women. Debates over providing life support to braindead pregnant women and delivery of their children have been around for some decades. Maintaining a woman’s life solely for fetal viability has become a major controversial social issue. Opposing opinions exist where one side supports the woman and her child should be left to die in dignity and the other side claims to protect the unborn child’s right to (...) live. Each group has strong beliefs. This paper addresses main aspects when considering the continuation of somatic support to the brain-dead pregnant woman for the purpose of fetus delivery including; human death, dignity of the woman, rights of the fetus, proportionality of acts, and the woman’s donor status, and independence of mother and fetus. Then, the authors present several diverse opinions and positions concerning the legitimacy of life support for brain-dead women based on them and critically evaluate them. We show that each and every claim can be ethically refuted. This paper also approaches to those claims from three different points of views, which are that of the brain-dead woman, her fetus and her family. We believe that the brain-dead woman’s wish and dignity, the child’s predicted wellbeing after birth, and the family’s beliefs and welfare should all be counted equally when making the final decision. In conclusion, we argue that the decision can be ethically justified only when the interests of all parties are appropriately taken into consideration and protected. (shrink)

For most death discharge patients, hospitals in Japan offer seeing-off services, a practice characteristic of Japanese culture. When a patient dies, nurses usually perform after-death procedures before transferring the body to the mortuary, where the nurses and doctors gather to provide the seeing-off service. This study was carried out to determine differences between the nurses’ and bereaved families’ opinions and thoughts regarding the seeing-off service. Semi-structured interviews were conducted with 17 nurses and 6 bereaved families . The interviews assessed: the (...) reasons why nurses provided seeing-off services; thoughts during the seeing-off service; impressions of the mortuary rituals; and the necessity for the seeing-off service. The results indicated that nurses expressed their courtesy and sense of appreciation during the seeing-off service, which was recognised as an important nursing role. In contrast, bereaved families felt thankful but also doubtful, particularly as regards the mortuary rituals. In light of the differences in perspective between nurses and families, it may be that the level of satisfaction with the seeing-off service is largely affected by the relationship between the family and the medical professionals before the patient's death. Our study also notes that Japanese people respect the dead body and treat it with care, reflecting the unique culture and customs of Japan. (shrink)