51爆料

Administrative jurisprudence is the practice of using law to recognize and order public administration. Clarifying the exclusive characteristics of the law used in this practice is an important task of administrative jurisprudence. Today, it is commonly recognized that administrative law encompasses not only substantive and procedural laws, but also organizational law (organizational norms).
 
However, research on the exclusive characteristics of organizational norms has been insufficient. For example, generally, two exclusive characteristics of organizational norms have been described: (1) “organizational norms do not have judicial normativity (at least in part)” and (2) “organizational norms attribute the acts of natural persons to administrative entities”. However, whether and why organizational norms really reflect the above characteristics and, if so, whether they are exclusive characteristics (whether substantive and procedural laws have such characteristics), has not been clarified, even though there is much room for debate.
 
Considering this scenario, the authors of this book take the following three actions. First (in the Introduction), the book organized some approaches to clarify the special characteristics of organizational norms, narrowed the scope of consideration to characteristics (1) and (2), and scrutinized the Japanese debate over characteristics (1) and (2). Second (in Chapters 1 and 2), it conducted a comparative legal study. Germany was chosen for comparison, and German discussions from the end of the 19th century to the present were researched. Third (in Conclusion), based on the Introduction and Chapters 1 and 2, this book discussed and clarified that organizational norms can be said to possess the characteristics of (1) and (2) for certain reasons, but these may not be exclusive characteristics of organizational norms (and may characterize other legal norms too).
 
The academic significance of this book is as follows. First, this book implemented the important task for administrative jurisprudence, which is to clarify the exclusive characteristics of organizational norms and, in doing so, advanced the discussion that has been held thus far. Second, although less significant, this book reviewed basic concepts in the field of administrative organization law, which may create the possibility of developing research in the field of administrative organization law.
 
The social significance of this book (especially in today's society) is that it provides clues for considering the control of administrative activities, using algorithms and AI (especially fully automated administrative actions). The following is an example of such clues: Currently, the question of controlling fully automated administrative actions remains a practical and academic challenge. One method is control by judicial decisions, for which it is necessary to conceive legal norms governing fully automated administrative acts; these have, till recently, been understood as organizational norms by some researchers. Thus, it is possible to apply this book's discussion of the judicial normativity of organizational norms when considering the control of fully automated administrative actions (see the concluding chapter for more information).
 

(Written by: FUNATO Kohei / October 24, 2025)