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 such rights. Building on the historical insights gained from this analysis, the author constructs a normative theory of the right to life that corresponds to it. 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 greatly—from purely economic connotations to social connotations, and then to cultural connotations. Through this examination of the changes in the right to life, the author clarifies its corresponding content of fundamental rights. Moreover, the author does not stop at the substantive theory of this right but also explores the procedural mechanisms for 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 it is undeniably certain. This book is compiled from various articles originally published in journals such as Waseda Law, Public Law Studies, Legal Times, Legal Lectures, and Legal Classroom. All the articles have been revisited: corrections were made where necessary, new content was added where needed, and some were even rewritten to the extent that they no longer resemble 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 asks the readers to note that future research on the right to life and other social rights by the author will be based on this book.