八代報告への討論

In his work. Professor Yashiro argues for the liberalization of temporary employment and easing of regulations against dismissal of employees. He suggests the deregulation of the labor market in this manner is necessary to boost the economy as well as to assure free and fair distribution of work between regular and temporary workers. This comment aims to examine his argument from the viewpoint of two significant rights: the right to self-determination and the right to personhood. If these rights warrant protection, and his proposal infringes on either of them, it may be argued that the rationale of economic utility cannot be given priority and must be adjusted so as not to devastate the social order the.se rights protect. First, beginning with the right to self-determination. Professor Yashiro stresses that freedom of contract within the labor market provide greater assurances of this right than is provided through regulatory policy, allowing various types of work beyond standard regular employment. It must be noted, however, that many people choose such part-time and irregular employment not because they prefer it. but rather because they have no alternative. Second, with respect to the right to personhood. Professor Yashiro argues to abolish the current regulations against dismissal in order to diminish the disparity between regular and temporary employees. However, this approach actually means that all employees would face the same risk of dismissal without special legal protection. The right to personhood protects individuals from such commodification and subjection to the arbitrary whims of purchasers. The right to self-determination argument is suspect because of its ambiguous nature and latent paternalism in actual practice. Instead, this comment proposes a right to personhood which prohibits excessive commodification of individuals in order to protect the idea of human dignity indispensable for social order. This means that, like free prostitution, a free labor market should not be adopted.