著者
伊藤 周平
出版者
The Japanese Association of Sociology of Law
雑誌
法社会学 (ISSN:04376161)
巻号頁・発行日
vol.1998, no.50, pp.19-30,291, 1998-03-20 (Released:2009-01-15)
参考文献数
21

In the Welfare State established in the Western Europe after World War II, one of the fundamental principle is that welfare services must be provided for citizen not as charity but as rights. And it is thought that the development of the Welfare State promote the sense of solidality.After late-1970' under the crisis of the Welfare State, this principle has been criticized by many theorists. And it seems to occur that through these attacks, the essence of social security system change to more selective one. Under these circumstances, it appears to be requested to analyze rights and the idea of solidality in the Welfare State from siciological perspective.In this thesis, to analyze social rights in today's Welfare State we use the concept of distributive rights that U. K. Preuss proposes. So we make it clear that functions and problems of social rights in the Welfare State. Then we view the reconstruction of rights from procedural rights and participate rights. And we review the idea of solidality in the future of the Welfare State.
著者
伊藤 周平
出版者
関東社会学会
雑誌
年報社会学論集 (ISSN:09194363)
巻号頁・発行日
vol.1992, no.5, pp.37-48, 1992-06-05 (Released:2010-04-21)
参考文献数
29
被引用文献数
1 1

The Welfare State today is characterized by redistributive policies and positive social regulations. And laws are used as the instrument of the achievement of social policies and social regulations. But these legal regulations seem to fail in social control and rise over-regulation. In the recent discussion this phenomenon i s regarded as “Juridification”. Juridification seems to be an important socio-legal issue of the Welfare State today. In this thesis we refer to the arguement of J. Habermas and G. Teubner, then we make it clear the essence of Juridification and grope for the directions of less repressive regulation in the Welfare State.