This refers to the law of modern civil society that was established by around the beginning of the 19th century. It is a legal order composed of the basic requirements of modern capitalist society, such as the protection of private property and freedom of contract, and the closely related principles of political individualism, liberalism, and democracy. These basic principles are concretely stated in the Constitution, such as equality of personality, respect for fundamental human rights, parliamentary democracy, separation of powers, and the principle of the rule of law; in private law, such as the principle of private autonomy, the inviolability of ownership, the principle of freedom of contract, and the principle of negligence; and in criminal law, such as the principle of criminal legality. Source: Heibonsha World Encyclopedia, 2nd Edition Information |
およそ19世紀初頭までに確立した近代市民社会の法をいう。私有財産の保障や契約の自由等の近代資本主義社会の基本的要請や,それらと密接に関連する政治的な個人主義,自由主義,民主主義等の諸原理によって構成された法秩序。これらの基本的原理は,憲法においては人格の平等,基本的人権の尊重,議会制民主主義,権力分立,法治国家原理等に,また私法においては私的自治の原則,所有権の不可侵性,契約自由の原則,過失責任の原則等に,刑法においては罪刑法定主義の原則等に具体的に示されている。
出典 株式会社平凡社世界大百科事典 第2版について 情報 |
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