The Research In the Right to Live

• Main Authors: Mao-Ching,Lin, 林茂青
• Other Authors: Ching-Hsiung,Hsu
• Format: Others
• Language: zh-TW
• Published: 1999
• Online Access: http://ndltd.ncl.edu.tw/handle/36488971520283714331

碩士 === 淡江大學 === 日本研究所 === 87 === How to keep alive is a basic problem that every human being has to confront. The way that various social members in different times and spaces tackle the problem forms the special aspect of society. In ancient times, one supported oneself by hand or was taken care of by one’s landlord or Ruler. However, the purpose of the landlord’s or Ruler’s doing so was to keep the stability of political and economic framework, not based on the law in modern constitution. If the landlord or Ruler failed to make measurements to assist them, the rank and file had no right to ask for the related measurements. Since the rise and thrive of the thought of recent human rights with the core of securing liberty in the eighteenth and nineteenth centuries, the economic liberty, substituted by the liberty of private property and contract, thus has became the base of capitalistic economy system and social development. But, with the development of capitalism, various social problems, such as unemployment, poverty, diseases, the antagonism between classes, and the conflicts between employee and employers, grew more and more severe, even seriously shaking the base of society. In order to solve the contradictions derived from capitalism, European and western countries adopted the step of amendment, and such an amendment in economic and social legislation positively ensured citizens’ rights to live. Especially after the World War II, the concept of human rights has gradually been taken seriously. At the same time, the new constitution, enacted by the countries after facing the challenge of various political and economic problems, included the related regulations of social rights and the right to live hence became the right that constitution secures. In Japan, the new constitution enacted after the war listed the related regulations of social rights from article 25 to article 28. And Rule 25, assuring one’s right to live, not only signifies the guiding principle but also represents the indicator of exploring how Japan pursues the idea of a welfare state.