「脳死移植」論議と「社会的合意」の条件  [in Japanese] The Discussion of 'Brain Death and Organ Transplantation' and Conditions of 'Social Consensus'  [in Japanese]

Recently, there has been vigorous discussion throughout Japan on the question of 'brain death and organ transplantation'. However, considering the process which shows various differences of how to think among people, must be pointed out an essential lack of reflection on the concept of 'Consensus'. This lack is natural as far as all other discussions on public affairs are concerned. This paper aims at determining the sense of 'Consensus' (the best one is a from of inventing some compromise through negotiation), at criticizing 'pluralism' (or Liberalism) that is a certain background for that sense, and as this result, at inquiring conditions under which the 'Social 'Consensus' could be formed. These conditions are as follows: (1) the logic of arguments (2) a value-right system supporting arguments or discussions (3) institutions forming discussions Furthermore, the above mentioned view is applied to the Japanese discussion on 'brain death and organ transplantation', and several desirable proposals about it are made.