環境· 社會· 民法學 -4大公害訴訟を起点として-

In Japan, during the latter half of the 1950s to the first half of the 1970s of the high‐growth era, the pollution problems which inflict extensive damage on many residents occurred. Especially, for the serious damage ,“Minamata disease” and “Minamata disease in Niigata”, “asthma in Yokkaiti”, “itai itai disease” is called “The four major pollution problems”. And it developed into the sharedsocial problem of Japanese. Simultaneous with it, “The four major pollution problems” remarkable changed our measure for the pollution problems and the environmental issue. Such rising interest in these problems and the change accompanying it was seen also in the domain of law. First, many residents who suffered extensive damage filed much lawsuit against the corporation, country and prefecture. These lawsuits are called “The four major lawsuit of pollution problems”. And it had the feature different from the ordinary lawsuit for reparation (or tort liability) represented by the traffic accident in the structure of lawsuit, the purpose and the effect. As a result, also with a field of the civil law, the legal framework for changing an interpretation of traditional tort law and giving compensation was built to solve these pollution problems and environmental issues by keeping balance of the profit of the litigant. Furthermore, the influence having given the law and lawsuit and civil law as learning did not remain only in this. The arguments for “The four major lawsuit of pollution problems” pushed us to try a new approach to a environmental issues. Not only measures after the fact and compensation by money, but also a theory that takes into consideration of our environmental light and enjoyment of benefit from nature was build. Moreover, such view of the matter has influenced strongly on a basic principle and legal framework of tort law, and created the structure of the tort law on a basis of our lights.