Law and Ethics

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Other Title
  • 法と倫理
  • ホウ ト リンリ トイレル カダイ トイ ノ タテカタ
  • problem and problematic
  • 問われる課題、問いの立て方

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Description

This paper is to examine the situation around relations between law and ethics in contemporary societies, and to rethink the problematic of "law and ethics" theoretically so that we can approach the problem practically. In this paper, I pointed first of all that the basic framework of modern legal system must be examined radically because the problems that we face today concerning law and ethics reach down to basic categories and ideas of the normative system in the modern societies. In order to approach the problem in such way, I rethought at the start the categorical relations between law and ethics from the social-theoretical point of view, and rearranged those relations on the functionalist framework of social theory. Through this consideration, I defined law as a part of normative discourses that can be valid based on enactment, and ethics as other part of normative discourses that can be valid without enactment, and added another kind of normative discourses through which we can examine the righteousness of the function of law and ethics. I named it "justice".

Journal

  • The Sociology of Law

    The Sociology of Law 2002 (56), 1-15,273, 2002

    The Japanese Association of Sociology of Law

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