- 著者
-
石田 眞
- 出版者
- 日本法社会学会/有斐閣
- 雑誌
- 法社会学 (ISSN:04376161)
- 巻号頁・発行日
- vol.2001, no.54, pp.1-12,257, 2001-03-30 (Released:2009-01-15)
- 参考文献数
- 30
Violence has existed and still exists as a fact of our every day life, but has not been on the surface as an object of social science or the humanities in Japan. Rather, it has been ignored. However, recently the subject of violence has come into sight in social science and the humanities. If the 20th Century was the "Century of Violence", then the 21st Century will be the "Century of Facing Violence". Therefore, the theme "Law and Violence" is demanded by the times.The subject of violence has been ignored even in jurisprudence. Although violence is an essential part of modern law, it has been invisible. First, modern law designated violence as the use of unlawful force against another. That is to say, the use of force within the law or with the law's permission was ignored. Second, modern law is divided into the public and private spheres, with the law only interfering in the former (public sphere), ignoring violence in the private sphere like the home and school. Third, modern law considers the courts, as places of judgement, to be a world free from violence, yet ignores the violence that occurs there (such as second rape).The purpose of my paper is to prepare for the socio-legal studies of violence. It is an attempt to put together socio-legal research related to violence. In preparing it, I first focused on the institutional area. I asked who exercises legal force and how. Research in this area comes from a great deal of substantiated evidence concerning punishment, police, public prosecutors and courts. Second, I looked at the cultural and historical area. Here, I asked what the differences are in the make up of law's violence in different cultures and in different eras. Research in this area was accumulated from legal anthropology and the historical sociology of law. Third is the area of law itself. Here, I asked what impact law's violence has on the law. Research into the area of the jurisprudence of violence has just begun. I have attempted in this paper to theorize on the socio-legal studies of violence by analyzing critically modern law through an understanding of the problem of violence that has developed in the law.