Notes

PREFACE
1
Ishimoda Shō, Kodaihō to chūseihō (Early Law and Medieval Law), vol. 8 of Ishimoda Shō chosakushū, (Collected Works of Ishimoda Shō) (Tōkyō, 1989), pp. 33-4.

1INTRODUCTION
1
The Constitution of Japan was promulgated on 3 November 1946, and came into force on 3 May 1947.
2
The legal scholar J.A. Jolowicz has succinctly summarized the core characteristic of a right as follows: ‘If the existence and nature of a right can only be deduced from the remedies available to the victims of a “wrong”, it follows that a “right”, so far as the law is concerned, is coextensive with its protection through the action of the law, that is with the availability of a legal remedy in the courts. We may say that a man has certain rights, and we commonly do say just that, but if by our statement we mean more than that in certain circumstances he can secure redress from another through the medium of judicial decision, then we are using the word “right” in a sense that involves reference to something outside the prevailing positive law of the society in which we live.’ ‘The Judicial Protection of Fundamental Rights Under English Law’ (The Cambridge-Tilburg Law Lectures, 2nd Series, 1979) (Deventer, the Netherlands, 1980), pp. 1-48, at p. 10. A right is thus ‘coextensive with its judicial protection’ (ibid., p. 11).
3
Fundamental human rights enshrined in the Constitution are conferred not only on Japanese but also on non-Japanese in Japan. See Lawrence W. Beer, ‘Freedom of Expression: The Continuing Revolution’, in Percy R. Luney, Jr. and Takahashi Kazuyuki (eds), Japanese Constitutional Law (Tokyo, 1993), pp. 221-54, at p. 252, note 68.
4
For a discussion of natural rights theories see inter alios John Finnis, Natural Law and Natural Rights (Oxford, 1980); Margaret MacDonald, ‘Natural Rights’, in Jeremy Waldron (ed.), Theories of Rights (Oxford, 1984), pp. 21-40.
5
This theory was advanced by Ueki Emori (1857-92), Baba Tatsui (1850-88) and Katō Hiroyuki (1836-1916). Katō, however, changed his belief

-101-

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The Right to Life in Japan
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Series Editor’s Preface vi
  • Figures and Tables viii
  • Preface ix
  • Conventions xi
  • 1 - Introduction 1
  • 2 - Law and Rights in Japan 5
  • 3 - Aspects of the Boundaries of Life 16
  • 4 - The Equality of the Right to Life 51
  • 5 - The Social Value of Death 71
  • 6 - Moral Value and Japanese Law 85
  • Notes 101
  • Bibliography 150
  • Index 166
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