法と国家の矛盾--特に現代に於ける--

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URI http://shark.lib.kagawa-u.ac.jp/kuir/metadata/4248
Title
法と国家の矛盾--特に現代に於ける--
Title Alternative
A conflict between law and state
File
Description

In the modern time, the rule of law was the best policy. The ruler himself obeyed laws. While, in the present time, he neglects it. The thought of ""the might is right"", revives. Here is a point of the problem. The so-called absolutism become the obstacle of the development of capitalism. All people could not bear such slavery and oppression. Just, the modern natural law did function to be conscious of their miserable condition and revolt against absolutism. The third class called themselves representive of all people, acted as worthy of the name and made modern constitution. They secured industrially free competition in which the rich man conquered the poor man. Consequently industrial monopoly occurred. The labours whom the monopolists exploited and ruined, struggled to free from want. The ruling class was obliged to concede right of life to the labours. But ""in the general crisis of capitalism"", he ploted to restrict human rights by the idea of ""Rechtsicherheit"". The modern parliament is the highest organ of state, and law-making organ, which consist of elected member, representive of all the people. The modern state is the so-called legal state. But the more violent the class struggle is, the stronger the power to suppress it become. Instead of legal state, the administive states appeared before us, but in the democratic states, formally legal power was supreme yet. In every case, monopol capitalists rule the peoples by the money, but constitution alone is not under his control in spite of rule by the money. But they are compelled to violate it, because it is the obstacle for them to exploit people and to obtain the greatest profit, we have a duty to resist such an unlawful power, we should up-hold the constitution, especially fundamental rights with it guaranteed as eternal and inviolate for all. Above all, the right of workers to organize themselves is the most important.

Author
著者 稲田 陽一
著者(ヨミ) イナダ ヨウイチ
著者(別表記) Inada Yoichi
Publication Title
香川大学経済論叢
Volume
27
Issue
3
Start Page
83
End Page
106
Publisher
香川大学経済研究所
Published Date
195411
ISSN
0389-3030
NCID
AN00038281
Resource Type
Departmental Bulletin Paper
Language
jpn
Text Version
publisher
Set
香川大学
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