Theory of the Right to Survival

Author: [Japan] Masakazu Oshika
Publisher:
Publish Date: 2001-03-01
Features: This book first examines the nature of social rights such as the right to life through a historical perspective and analyzes how modern civil states have ensured the protection of these rights. Building upon this historical analysis, the author constructs a normative theory of the right to life. Here, the author rejects the "programmatic stipulation theory" of the right to life and instead pursues it as a concrete legal right. Furthermore, the author uses these arguments as a foundation to explain the legal nature and content of various social rights related to the right to life. For example, in the historical development of the right to life, its scope has expanded significantly—from purely economic connotations to social connotations, and then to cultural connotations. Through this examination of the evolution of the right to life, the author clarifies its corresponding fundamental rights content. Moreover, the author does not stop at the substantive theory of this right but also explores the procedural aspects of obtaining relief when it is violated, i.e., the procedural theory that accompanies this right. In summary, this book attempts to integrate historical and evaluative understanding with logical and evaluative understanding of the right to life. Although this effort is modest, the author's pursuit of this goal is undeniably sincere. This book is compiled from various articles originally published in journals such as Waseda Law, Public Law Studies, Legal Times, Law Lectures, and Legal Classroom. All the articles have been revisited—revised where necessary, supplemented with new content, and even transformed into entirely new essays compared to their original form. Additionally, some newly written content has been included to ensure the book is as systematic as possible, rather than merely a collection of previously published articles. For this reason, the author also requests the reader's attention, as future research on the right to life and other social rights by the author will be based on this book.