open access

https://hdl.handle.net/2115/95431

An Exordium of Theories of Law’s Nature on the Social Security Law : What the Social Security Law Studies can learn from the Philosophy of Law

日本語

theory of relationality

2025-03-31

北海道大学公共政策大学院

Annals, Public Policy Studies

19

175-190

This paper discusses what the social security law studies can learn from key concepts in the philosophy of law. The theory of the three types of law corresponds to the three dimensions of social security law—rights protection, policy implementation and support for autonomy—indicating the importance of these aspects, while the theory of dialogical rationality shows that agreement, deliberation and procedure are crucial at every stage of the legislation, interpretation and operation of social security law. In terms of rights theory, social security law aligns with the interest theory of rights for the right to life, while the freedom-based theory and the participatory-contributory support theory of social security law are compatible with the will theory of rights. Meanwhile, Hohfeld’s classification of rights is useful for analysing the complex rights within social security. Regarding various theories on the duty to obey the law, any of consent theory, obligation theory, benefit theory or relational duty theory can explain the rationale for mutual aid by social security law, but relational duty theory holds a dominant position. Ronald Dworkin's theory of legal integrity, which views law as a mechanism for 'equal respect and concern', is well-suited for social security law. Finally, the theory of relationality is compatible with the participatory-contributory support theory in social security law.

紀要論文

Version of Record

1881-9818

AA12291642