日本国憲法の平和原理についての一考察

A study on peace principle of the constitution of Japan

Kurino Ohtori

広島平和科学

Hiroshima Peace Science

[PISSN] 0386-3565

[EISSN] 2434-9135

[NCID] AN00213938

In 1930s and 40s when I was a student and then a naval officer, whether Japan could offer any political principle for international society or not was an agonizing question to me. Apparently, the Constitution of Great Empire of Japan of 1889 did not have any, or rather it was forcing Japanese nation to be alienated from the world.The Constitution of Japan of 1946 is often called a 'peace constitution', having the sentences in paragraph 2 of its Preamble, which express pacifistic intention, and the provisions of Article 9, which renounce war, war potential and the right of belligerency. I have no objection to such interpretations, but I believe that these sentences express also an important norm for the inter-relationship between peoples of the world. One sentence refers to 'the high ideals controlling human relationship' and the other expresses: 'we recognize that all peoples of the world have the right to live in peace, free from fear and want.'The present world is facing a number of difficult questions which are called the world problems or global problematiques. In order to solve them there should be new actors and new ways of thinking, as the present nation-states, their international systems and those who serve them seem to be incompetent. Furthermore, the present world is sometimes called a world society or human society, which is formed by human beings through the ties of interests (Gesellschaft in German). Humanity should try to form and complete a community (Gemeinschaft) of all members. The above-mentioned peace principle of the Constitution of Japan, as I interpret it, might be able to serve as a basic principle for the humanity in their efforts for creating a community. I believe that it will have enough universality and significance to become such a norm. In the considerations of the above theme I have tried to apply, as a sort of paradigm, some results of the studies which have been recently carried out by the United Nations organs on the 'relations that exist between human rights, peace and develo

Peace Science [ 319 ]

Law [ 320 ]

jpn

広島大学平和科学研究センター

[ISSN] 0386-3565

[NCID] AN00213938