法治国家原理の展開 [in Japanese] The Development of Rechtsstaat [in Japanese]
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How has the principle of Rechtsstaat developed in Germany? In this report I want to try to grasp how this principle has been situated in each society and situation and how its meaning has changed in its history by arresting development of various ideas of nations relating to that of Rechtsstaat. I pay my attention to what kind of significance the notion of stability has in the transition of the task of nations and to how important the notion of subsidiarity is as a principle of social ordering. I survey the meaning of principle of Rechtsstaat in German constitutional theories, situate the principle of Rechtsstaat in the developing process of the task of nations depending on the view of F.-X. Kaufmann, investigate the significance of subidiarity as a principle of social ordering, and lastly add some comments about the contemporary values of principle of Recthsstaat in connection with the progress of legalization and the existence of federal constitutional court in Germany.
- The Annals of Legal Philosophy
The Annals of Legal Philosophy (2005), 71-81,197, 2006
THE JAPAN ASSOCIATION OF LEGAL PHILOSOPHY