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    今はじめて書く思い出

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    労働組合モデルについて : Monopsonyから考える

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    創造性を培う小学校算数科の授業開発 : 直観と論理の往還を通して

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    This study aims to develop an effective lesson design and teaching method to cultivate creativity in elementary mathematics education. To this end, we organized previous research, set up a lesson model based on a mathematical view and thinking, and practiced lessons with an awareness of the interconnection between intuition and logic. In doing so, creativity was considered from two perspectives, creative thinking and attitude, and the performance evaluation using a rubric and the changes in responses to a questionnaire survey were investigated before and after the class practice, respectively. As a result, the percentage of students who achieved the evaluation criteria in creative thinking increased significantly before and after the practice, suggesting the effectiveness of the designed class model. Moreover, based on the analysis of the actual students’ descriptions and utterances in class, we were able to elaborate a lesson model and organize it as a lesson design and teaching method for cultivating creativity

    公衆衛生法規における強制条項と憲法保障

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    The Eugenic Protection Act (enacted in 1948), the Mental Health Act (enacted in 1950), and the Leprosy Prevention Act (enacted in 1953), which were public health laws enacted soon after the Constitution of Japan came into effect, granted administrative enforcement powers such as compulsory hospitalization (admission), room isolation, physical restraint, compulsory eugenic surgery, etc. Of these, related regulations of the Leprosy Prevention Act and the Eugenics Protection Act were ruled unconstitutional by lower courts. In this article, after introducing these unconstitutional judgments, I considered the constitutionality of the mandatory authority clauses including compulsory hospitalization (admission), room isolation, physical restraint, etc. in the Mental Health and Welfare Act and the Intellectually Disabled Persons Welfare Act, which still have compulsory authority provisions. Furthermore, I envisioned a path toward the complete abolition of mandatory power clauses

    セネカにおける哲学的言説とその文体 : マニフェストとその底意

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    This study aims to explain the apparent inconsistencies between Seneca’s declared requirements for philosophical discourse and his actions . In his Letters on Ethics , he characterizes the ideal way of philosophical discourse as frank and sincere without rhetorical ornamentation . According to him, elaborate composition s are unnecessary; they obscure the matter and, worse, sometimes testify to the author’s vices. Nonetheless, his writing style is rather elaborate rich in proverbs , which makes him appear as the first betrayer of his own manifesto. However, in reality he observed a hidden agenda , in avoiding fatal violation of the spirit of the manifesto. To elicit the reason for the tension, I focus on two points: the provisos of Seneca’s formulations ; and the role of Seneca in his own works as a peer advisor and a bad example. This will elucidate the nature of the manifesto as a propaganda for true protreptic eloquence and justify his extensive use of rhetorical maneuvers. He substantially utilizes his allege d status as a failure in the ideal Stoic education to evangelize Stoicism effectively in the guise of the sober proficient

    片木晴彦先生 その人と学問

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    共同事業のデフォルト・ルール

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    In the U.S., the general partnership has been characterized as the default form of co-owned and for-profit business organization. In the general partnership, each party has fiduciary duty to each other. Then, can parties contract out of the general partnership form of business organization, even if their conduct would otherwise establish a partnership ? In the 2020 decision of the Supreme Court of Texas decided that, as between themselves, parties could avoid a partnership characterization by agreeing no to be partners. In this article, I have introduced three articles about this Supreme Court decision, Douglas K. Moll, Joseph K. Leahy and Emeka Duruigbo. Moll argues whether can parties contract out of partnership. Leahy contends LLC is the key in the problem of inadvertent partnership. Duruigbo considers inadvertent partnerships and fiduciary duties. When two or more people want to operate joint enterprise, unless they have filed as corporation or limited liability company, that enterprise is partnership. In Japan, it is so-called "partnership in Civil Code". In this case, each party has duty of care to each other and to the partnership. Partnership is one of the contracts in Japan. But we never have argued when a partnership is deemed to be established. In the event like Texas Supreme Court decision, it may be that partnership would not be established. This article suggests that default rules of partnerships should extend to that case

    地域日本語教育における対話交流型クラスの可能性 : 外国人市民と日本人市民をつなぐ試みを通して

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    This paper reports on a dialogue-exchange class activity that began in Shunan City, Yamaguchi Prefecture, in the fall of 2020, focusing on the episodes of four foreign participants. Two things became clear from the participants' narratives and the coordinator's reflection on the practice. First, the class functioned as a place to create connections with (1) residents, (2) event participants, (3) guest speakers, and (4) Japanese conversation partners and to support participants in their desire to engage with residents. Second, foreign participants used the classes as a place to (1) check and evaluate their behavior, (2) introduce their own culture and customs, (3) learn about and discuss Japanese culture and customs, (4) gain expertise to live safely in Japan, and (5) build trusting relationships with Japanese people in the community

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