京都大学 / 新制・課程博士 / 博士(法学) / 甲第24366号 / 法博第289号 / 新制||法||178(附属図書館) / 京都大学大学院法学研究科法政理論専攻 / (主査)教授 濵本 正太郎, 教授 酒井 啓亘, 教授 鈴木 基史 / 学位規則第4条第1項該当 / Doctor of Laws / Kyoto University / DFAM

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Small group interaction, as observed and evaluated by five major spokesmen of the past decade, will be the focal point of this investigation. Martin Buber, Eric Berne, Carl Rogers, B. P. Skinner, and Frederick Perls will each be examined, compared, and contrasted in terms of their views concerning human freedom, the essence of man, and man's relationship to his environment. These ideas expressed by the authors will be reviewed in terms of the possibility and potential for interpersonal trust, the manner in which trust between individuals is initiated, and those variables considered most relevant for the emergence of trust. Each of the preliminary chapters will give the reader an insight into the individual author's conception of human freedom and the possibility for interpersonal trust formation. In addition, the authors will be compared, contrasted, and critically analyzed in a subsequent section of the study, followed by a chapter summarizing and combining the thoughts, beliefs, and criticisms of these primary representatives of the years 19&0 through 1970. The main hypothesis of this study is that an individual's belief system concerning interpersonal trust is determined by his definition of human freedom as it pertains to man's relationship with his environment.

This dissertation re-examines the history of the American Liberty League, building upon observations in recent works by Kimberly Phillips-Fein and David Farber that trace the origins of the modern American conservative political movement back to the reaction against the New Deal programs implemented by Franklin Roosevelt. The Liberty League, it is argued here, established a tradition of what I describe as Constitutional conservatism. The Liberty League, established in 1934 with the expressed purpose of "upholding the Constitution," represented the most forceful and coherent contemporary resistance against a trend toward centralization of power in the federal government and the executive branch that took shape during the Progressive Era and was cemented by the New Deal. Historians writing about conservatism in the the U.S. have most often highlighted other explanations for the motivations underpinning the movement, most notably the "racial backlash" thesis, but a theme of Constitutional conservatism can be traced through many of the conservative political organizations that have emerged in the United States since the demise of the Liberty League in 1936. The first chapter discusses the origins of the Liberty League, which to a considerable extent evolved out of the Association Against the Prohibition Movement. In addition to their shared focus on Constitutional issues, the two organizations utilized the same tactics and showed considerable overlap in terms of membership, leadership and financial backing. Leaders of the organization, discussed in a separate chapter, included Jouett Shouse, William Stayton, Al Smith, Raoul Desvernine, along with a number of wealthy industrialists that provided financial backing, including Pierre du Pont, his brother Irénée du Pont, John Raskob and E. F. Hutton. Further chapters examine the activities of the local and state branches of the Liberty League, the League's attempts to coordinate efforts with other organizations professing a desire for upholding the Constitution and analysis of the publications produced and distributed by the Liberty League. While the organization was funded largely by a small group of wealthy individuals with a vested interest in protecting their vast fortunes, the Liberty League devoted itself in practice to arguing in favor of the more strict interpretation of the Constitution that had largely prevailed in the United States before the New Deal era. Of course, the League failed utterly to convince the electorate, as evidenced by the overwhelming electoral triumph achieved by President Roosevelt in 1936, but it's relentless attempts to highlight the perceived excesses of the New Deal helped fill the void left by the virtual absence of any meaningful Republican opposition, perhaps helping to place some limits on the extent of the New Deal and laying the ground work for future generations of conservatives that continue to draw on the theme of Constitutional conservatism in their efforts to turn back some of the advances made by proponents of a more activist federal government during the Twentieth Century. / History

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This goal of this project is to assist liberals and progressives who are reluctant to speak out publicly on religious questions so that they can advance their moral values and protect their religious liberties by encouraging and educating them to use legal protections under the First Amendment. Rights to religious freedom in the American legal system are reviewed on the federal, state, and local levels. The denominational history of and theological evolution within Unitarian Universalism, the target group being studied, are examined. This examination has a particular focus on shifting historically strict intradenominational attitudes on the separation between church and state and using legal protections to advance progressive moral values and social justice objectives. Through a nonprofit legal foundation, the author seeks to educate and to support religious groups seeking to pursue religious projects and ministries that may face legal challenges and government opposition. The project also reviews metrics for assessing attitude change in response to educational workshops presented to Unitarian Universalist audiences.

The introduction of herbicide resistant crops offers producers many more options for weed control systems. These crops allow environmentally safe, non-selective herbicides to be used as selective herbicides, broadening the spectrum of weeds controlled, while not harming the crop. As these crops are very new on the market, investigation of their performance under various environmental conditions as well as in various weed control programs is needed. Liberty-link ® soybeans are resistant to the herbicide glufosinate, because of the incorporation of a gene encoding phosphinothricin acetyl-transferase (pat), which is able to detoxify glufosinate. Roundup-Ready ® soybeans are transformed with an altered, non-sensitive form of 5-enolpyruvylshikimate- 3-phosphate synthase (EPSPS), which confers glyphosate resistance. Field and greenhouse studies were conducted to determine the efficacy of glufosinate and glyphosate on annual and perennial weeds. Also to determine whether the use of ammonium sulfate (AMS) or pelargonic acid (PA), a 9-carbon fatty acid, as additives of glufosinate or glyphosate would increase their efficacy, while maintaining their safety on the transgenic soybeans. Three annual weeds: common lambsquarters, giant foxtail, sicklepod, as well as two perennial weeds: common milkweed and horsenettle were included in studies. Uptake, translocation, and metabolism of 14C-glufosinate + AMS or PA, were studied in the five weeds in order to determine the basis for their differential weed sensitivity to glufosinate, and the effect of the two additives. The effect of temperature on Liberty-Link ® and Roundup-Ready ® soybeans after application of glufosinate or glyphosate was investigated. Injury was quantified by measuring chlorophyll content of herbicide treated soybean trifoliolates. Uptake, translocation, and metabolism studies of 14C-glufosinate and 14C-glyphosate in transgenic soybeans were conducted to determine the potential cause for the observed temperature-dependent sensitivity. Since glufosinate is a synthetic analog of a naturally occurring bacterial toxin, it was tested for possible bactericidal activity on the soybean pathogen Pseudomonas syringae. Greenhouse and field-studies showed that the 5 weeds responded differently to glufosinate and glyphosate. Common milkweed was the most tolerant to glufosinate and common lambsquarters to glyphosate while giant foxtail was the most sensitive species to both herbicides. Some interactions between AMS or PA and glufosinate or glyphosate were also observed. Uptake and translocation studies showed that AMS increased the uptake of 14C-glufosinate in some weeds, whereas PA had only minimal effects on absorption and translocation of glufosinate. Metabolism of glufosinate was detected only in common lambsquarters. A rate dependent loss of chlorophyll in Liberty-Link ® soybeans treated with glufosinate was observed that was greater at 15° C than at 25° or 35° C. Metabolism studies showed a decrease in the rate of glufosinate metabolism 3 hours after treatment in Liberty-Link ® soybeans grown at 15° C versus 25° C. Conversely, chlorophyll loss in glyphosate-treated Roundup-Ready soybeans was greater at 35° C than at 15° or 25° C. Translocation studies showed a significantly greater percentage of absorbed 14C-glyphosate translocated to developing meristems at 35° C than at 15° C in Roundup-Ready® soybeans. Glufosinate concentrations of 1 mM and higher significantly inhibited the growth of Pseudomonas syringae (L-529) in liquid media cultures. Typical field use rates of glufosinate also reduced the number of live P. syringae on Liberty-Link® soybean leaves. Overall, the results of this research show that annual and perennial weeds differ in their sensitivity to glufosinate and glyphosate. Additives such as AMS and PA may enhance the efficacy of glufosinate on perennial weed species, and glyphosate in most weeds. Differences in weed sensitivity to herbicides and effects of additives can in most cases be explained by differences in absorption or metabolism. Variable temperatures may affect the engineered resistance of transgenic soybeans to the herbicides glufosinate and glyphosate. The herbicide glufosinate has some bacteriocidal activity on P. syringae. Nomenclature: Glufosinate, 2-amino-4-(hydroxymethylphosphinyl) butanoic acid; Glyphosate, N-(phosphonomethyl)glycine; PA, pelargonic acid (nanoic acid); AMS, ammonium sulfate; giant foxtail, Setaria faberi Herrm.; common lambsquarters, Chenopodium album L.; sicklepod, Cassia obtusifolia L.; horsenettle, Solanum carolinense L.; common milkweed, Ascleipias syriaca L. pat, phosphinothricin acetyl transferase; EPSPS, 5-enolpyruvylshikimate-3-phosphate synthase. / Master of Science

The competing values of national security and civil liberties have been contested as conflicting ideas during times of national emergencies and war, in which the canonical knowledge asserts that the temporary secession of civil liberties is sometimes necessary to protect national security. After the September 11, 2001 terrorist attack there has been increased pressure on the U.S. government to provide safety and security, which has required Americans to accept certain restrictions on their freedoms, leading to debates about whether liberty or security should be prioritized. The increasing popularization of securitization in post 9/11 discourse justified by a perpetual state of emergency via the War on Terror, has reinforced the racialization of reified "others," specifically Muslims or people who are perceived to be descendent from the Middle East. The conceptualization of Middle Easterners as 'terrorists' and 'threats' to be securitized has been constructed by political elites and media narratives to garner support for security measures leading to the diminished civil liberties of those stereotyped as "terrorists." Using the theoretical approach of racialized "othering" and the minority threat perception, this research seeks to analyze public opinion on counterterrorism policies when the race/ethnicity and ideological motivations of perpetrators in a hypothetical terrorist attack scenario are manipulated. To investigate this premise, an online survey experiment distributed through Amazon MTurk was conducted to gather public opinion data on counterterrorism policies. Regression analyses were conducted from the 314 respondents to evaluate support amongst various social groups for the counterterrorism policies and whether or not this support was affected by the presence of either American-born, White, men motivated by the teachings of far-right extremism or American-born, men of Middle Eastern descent motivated by the teachings of Islamic extremism. Respondents were asked to evaluate two counterterrorism policies, one that required ceding the civil liberties of the public at large, and the other required ceding the civil liberties of suspected terrorists specifically – which is also referred to as the 'punitive' policy throughout the research. Overall, respondents were more likely to support the policy requiring ceding civil liberties in general, than the punitive policy that would take away the civil liberties of suspected terrorist. When factoring in survey type, respondents in general were more likely to support the punitive policy when taking the White/Far-right extremism survey and were also the most likely to support the policy requiring the public to cede their civil liberties when taking the Middle Eastern/Islamic extremism survey. The willingness to cede civil liberties increased for Black and Asian respondents with the presence of the White/Far-right extremism survey, while willingness to cede civil liberties decreased for White respondents taking the same survey. In general, conservatives were more likely to cede their civil liberties than liberals, and liberals were more likely to view counterterrorism policies as ineffective. When accounting for the effects of survey type on ideology, the results show that conservatives were the least likely to cede their civil liberties when taking the White/Far-right extremism survey, while liberals were the most likely to cede their civil liberties when taking the Middle Eastern/Islamic extremism survey. / Master of Arts / This thesis explores the role of issue framing, and threat perception on terrorism and its effects on public perception of the liberty vs. security paradigm by way of support for counterterrorism policies. Specifically, this research aims to assess whether support for counterterrorism policies by social group (focusing on race and ideology) varies when the race/ethnicity and ideological motivations of the perpetrators are manipulated in a hypothetical terrorist attack scenario. In order to test this effect, a survey experiment was conducted to gather public opinion data on counterterrorism policies which emulated the liberty/security trade-offs within the Patriot Act. The survey was distributed through the online platform Amazon MTurk which garnered 314 responses. Regression analyses were conducted to evaluate support amongst various social groups for the counterterrorism policies and whether or not this support was affected by the presence of either American-born, White, men motivated by the teachings of far-right extremism or American-born, men of Middle Eastern descent motivated by the teachings of Islamic extremism. Using the theoretical approach of "othering" and the minority threat perception that contributes to desires for increased social controls and levels of punitiveness among the public, this research evaluates respondents' willingness to cede their own civil liberties as well as their support for punitive policies that take away the civil liberties of the perpetrators based on the survey/stimuli respondents received. Overall, respondents were more likely to support the policy requiring ceding civil liberties, than support the punitive policy that would take away the civil liberties of the perpetrators. When factoring in survey type, respondents in general were more likely to support the punitive policy when taking the White/Far-right extremism survey and were also the most likely to support the policy requiring the public to cede their civil liberties when taking the Middle Eastern/Islamic extremism survey. The willingness to cede civil liberties increased for Black and Asian respondents with the presence of the White/Far-right extremism survey, while the willingness to cede civil liberties decreased for White respondents with the presence of the White/Far-right extremism survey. In general, conservatives were more likely to cede their civil liberties than liberals, and liberals were more likely to view counterterrorism policies as ineffective. When accounting for the effects of survey type on ideology, the results show that conservatives were the least likely to cede their civil liberties when taking the White/Far-right extremism survey, while liberals were the most likely to cede their civil liberties when taking the Middle Eastern/Islamic extremism survey.

This dissertation is an ethnography of an African American sacred music tradition – the trombone worship bands of the United House of Prayer for All People (UHOP) – that examines the ways in which musical aesthetics mediate racial and economic marginality and religious authority. Musical worship featuring these “shout bands,” involves UHOP members in an embodied performance of religious discourse, including actualizing the boundaries of sanctified interiority, confirming the charismatic authority of the organization’s sacralized leader, and constituting the independence and sovereignty of the UHOP Kingdom. The project is animated by a central question: given continuities in repertoire, performance practice, and theology between UHOP shout bands and other Black gospel practices, why is musical worship at the UHOP organized around the trombone rather than the human voice? The dissertation answers this question dialectically by showing how shout band music-making offers solutions to the ethical and theological issues members face, while UHOP theological discourse capitalizes on the sensory affordances of musical practice. The opening chapter introduces the role of the shout band in the context of UHOP worship services, framing musical practice as the enactment of sacred divisions of space and subjectivity. This chapter also depicts the feedback loop between worship practice and scriptural interpretation by introducing UHOP-specific idioms of Biblical literalism and re-enactment. Chapter two dilates on the connections between musical microsocialities and forms of authority through an analysis of the “figure of call-and-response” as a medium for the bishop’s charismatic authority. In the final chapter, I survey a variety of UHOP state-mimetic forms – that is, forms appropriated from the symbolic repertoire of the United States government – as points of entry into the ways that members actualize a shared notion of “freedom.”

No / This paper discusses the early implementation of the Mental Capacity Act 2005 in health and social care in England. The author examines the research evidence to date, particularly monitoring data from the Department of Health, in order to review the progress made in implementation. The extent to which the Act is achieving its overall aim of facilitating decision-making by people lacking capacity is discussed, focusing on people with dementia. The author concludes that the initial implementation of the Act (and the related Deprivation of Liberty Safeguards) has had only limited effectiveness in facilitating decision-making by people lacking capacity, promoting their best interests and protecting their liberty. Future implementation needs to ensure that the rights of people lacking capacity, particularly people with dementia, are taken more seriously in health and social care and are better protected.