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

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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

六本 佳平

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.1983, no.35, pp.14-33,248, 1983-03-30 (Released:2009-01-15)

参考文献数

130

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This paper attempts to give a brief overview of the works of the Japanese legal scientists concerning the "Law-consciousness of the Japanese", a subject which has occupied and is still occupying the center of attention of the Japanese lawyers, more or less empirically oriented. The author starts by making distinction between "the general sense of justice" component and "the idea of law" component of the term law-consciousness, and concentrates on the latter for the rest of the paper. According to the author, the theme of law-consciousness of the Japanese appeared first in the Japanese intellectual community under the term of the law abiding spirit which was deemed by Professor Kawashima to be lacking among the Japanese populace of the war time, and after the war the theme took a firm root as a respect for law and the modern legal system as it was regarded as a prerequisite for democratic social changes. A model of modern law-consciousnees was drawn from the analysis of the basic principles of private law of the continental West and used as a standard to measure the actual Japanese attitudes toward law revealed in their daily conducts, regarding family relations, for instance. Then the concept was applied to the litigious behaviour of the Japanese who lacked, according to Kawashima, the idea that each individual is equal and entitled to press for the realisation of his own rights guaranteed by law. Later this theory came to be criticized for its one-sidedness, and other factors than law-consciousness such as the defects on the side of legal institutions, were put forward to explain the infrequent use of courts and lawyers in the cases of dispute. As to the transformation of law-consciousness of the Japanese, the author points to the recent discussions, lively conducted not only by law professors, but also by people involved with the legal practice such as business contracts both national and international, which, contrary to Kawashima's prediction, increasingly stress the persistence of the peculiarly Japanese ways of handling legal affairs. The paper is closed with a call for continuation of the discussion more on the base of empirical material and capable of cumulative theoretical advancement.

著者

畑 浩人

出版者

学術雑誌目次速報データベース由来

雑誌

法社會學 (ISSN:04376161)

巻号頁・発行日

vol.49, pp.213-218,246, 1997

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In Japan that has the smaller population of the legal profession and its poor specialization, the presence of specialized criminal lawyers has been overlooked. For they are mostly ex-prosecutors and seen as the second rate lawyers in the private practice.<br>But recently a few radical lawyers also take part in the field of the criminal defense of yakuza and illicit drug traffickers. They, new comers, hold the more adversarial style that has sprung from the techniques for the defense of labor union or radical activists.<br>So now there is the division of labor in the territory of the specialized criminal defense. Depending mainly on their carreer and their clients' budgets, each specialist holds his own practical style.<br>This specialization promotes the development of the expertise at the upper level. At the lower level, specialists who deal with a lot of dirty work which general practioners gave up, contributes to the prestige of the legal profession as a whole and the administration of criminal justice.

著者

後藤 安子

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.1987, no.39, pp.117-120,215, 1987-04-20 (Released:2009-01-15)

参考文献数

5

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In Takasago city, Hyogo Prefecture in 1969, the entire coast line was reclaimed, making it impossible for the residents to enter the coastal zone. In 1973, a large quantity of mercury was detected from the factory effluent, marking the beginning of the advocacy of the right of access to the coastal zone. This claim is based on the concept that a broad category of persons have the right to freely enter and utilize the coastal zone. It can be said that this right is a justifiable one from several points of view: the conservation of the enviroment, the traditional custom of the utilisation of the seaside, and customary leisure activities. But the present state of the law is such that the court would not accept a claim of such a right made in a lawsuit demanding an injunction against coast line reclamation. In order to have the right of access to the coastal zone legally established, it is necessary to learn from the examples of foreign countries and prove that this right is an ancient right, based on investigations of the customs of coastal zone utilisation.

著者

石田 眞 山田 卓生

出版者

日本法社会学会

雑誌

法社会学 (ISSN:04376161)

巻号頁・発行日

vol.1992, no.44, pp.18-34, 1992

著者

森 謙二

出版者

日本法社会学会

雑誌

法社会学 (ISSN:04376161)

巻号頁・発行日

vol.2005, no.62, pp.87-98,193, 2005

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The concept of "cemetery" in Japanese law, the ground which build graves, has been affected by the idea of ancestor worship, because the Code Civil of Japan positioned the graves as a device for ancestor religious services, which are entrusted with his descendant, and the graves which ancestor buried are reburied as the unrelated grave, if the descendant disappear.<br>In Europe, the burial laws have regulations about "burial compulsion" and "burial duty", but in Japan the decisions whether the dead should be buried, are referred with his family or his descendant.<br>The current system of Japanese burial and cemetery is not be effective, because it is not possible to produce an Atotsugi (successor), the continuation of religious worship is threatened due to the changing family structure and a declining birth rate.

著者

林田 幸広

出版者

日本法社会学会

雑誌

法社会学 (ISSN:04376161)

巻号頁・発行日

vol.2015, no.81, pp.241-247, 2015 (Released:2021-05-05)

著者

浅倉 むつ子

出版者

日本法社会学会

雑誌

法社会学 (ISSN:04376161)

巻号頁・発行日

vol.2016, no.82, pp.81-92, 2016

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Despite the thirty years of the implement of the Equal Employment Opportunity Act, gender inequality in employment still remains unsolved. The primary factor of the gender inequality in employment in Japan is the deep-seated stereotyped roles for men and women in Japanese society. Child rearing and household affairs are largely regarded as women's duties and about 60 percent of female workforce retires for childbearing. The second factor is corporate systems and customs deeply rooted in Japanese business community, which are only superficially gender-neutral. For instance, assessment standards of typical wage systems include subjective criteria that are susceptible to gender views of assessors, e.g. "enthusiasm," "cooperativeness" and "tractability." This article analyzes the current status of the doctrine of leading cases in relation to gender inequality in Japan, and proposes development of a framework to enhance the effectiveness of anti-discriminatory legislation, an efficient working- hour law to reduce long working hours of male labor force, and a system to apply the principle of equal pay for equal value work to the norms of lawsuit.

著者

小室 直樹

出版者

日本法社会学会

雑誌

法社会学 (ISSN:04376161)

巻号頁・発行日

vol.1975, no.28, pp.102-109, 1975

著者

後藤 安子

出版者

日本法社会学会

雑誌

法社会学 (ISSN:04376161)

巻号頁・発行日

vol.1992, no.44, pp.218-222, 1992-04-30 (Released:2009-01-15)

参考文献数

6

著者

江守 五夫

出版者

日本法社会学会

雑誌

法社会学 (ISSN:04376161)

巻号頁・発行日

vol.1957, no.9, pp.233-300, 1957-04-30 (Released:2009-04-03)

参考文献数

111

著者

森 謙二

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.1996, no.48, pp.215-219,243, 1996-03-30 (Released:2009-01-15)

参考文献数

3

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Prof. Kawashima assumed strength of the patriarchal powers to be a standard and made Japanese villages two patterns (householder [=Ie]'s authority-diffused-pattern and householder [=Ie]'s authority-concentrated-pattern). He recognized the variety of the social structures of Japanese villages by this pattern theory (1954). When he had taken the "village community" theory in "Über Prinzip der "formale Gleichheit" in der "germanischen Gemeinde (1968)" later, he had the different viewpoint from the social structure theory. The problem of this paper is to view a new "community theory" clarifying the point of contact with the social structure theory and the community theory of the village.

著者

小柳 春一郎

出版者

日本法社会学会

雑誌

法社会学 (ISSN:04376161)

巻号頁・発行日

vol.2015, no.81, pp.105-116, 2015 (Released:2021-05-05)

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In France, the fight against vacant houses (lutte contre le logement vacant) is a more and more important political issue, even though the vacant house rate is decreasing, from 7.0 percent in 2000 to 6.0 percent in 2010. The rate of house for secondary or seasonal use is slightly declining from 10.0 percent in 2000 to 9.8 percent in 2010. This is because the total population in France was rapidly increasing 6.7 percent during the 10 years. It recorded at 64.6 million people in 2010 from 60.5 million in 2010. The pressure of the growing population and the shortage of decent houses especially in large cities are the main reasons for the measures against vacant houses. The tax against vacant houses and the requisition of vacant houses are the two main axes of the legislative measures for the fight against vacant houses. The former is introduced by the Act against exclusion in 1998 and is related to the owners of the houses vacant for at least two years in the eight areas with more than 200,000 inhabitants. The 2013 reform expanded the implementation areas (from 8 to 28 areas) and raised the tax rate. The latter has a long history and was often implemented at the post-Second-World-War period. However, there has been a very rare case of application these days, due to the difficulties in detecting the vacancy. The underuse of house is theoretically permissible in the context of French Law. However, the concept of housing right plays an important role in restricting the owners’ property right.

著者

古山 真知子

出版者

日本法社会学会

雑誌

法社会学 (ISSN:04376161)

巻号頁・発行日

vol.2016, no.82, pp.185-217, 2016 (Released:2021-05-05)

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This paper focuses on the legal mobilization by the community in making a foundation of Gion Festival Yamahoko Association. Law has two faces, law as milieu and law as resource, for communities. When changes of milieu including changes of law have a severe effect to the traditional festival, people deal with it by the legal mobilization that is making a foundation of Yamahoko Association. I re searched Yamahoko associations for about three years and in this paper pick up four associations that had called up law. The mobilization of law is tied to obtaining three big essential resources “human,” “material” and “pecuniary,” in conservation of the traditional festival. Gion Festival has more than 1000-year-old history in Kyoto and a very traditional style. In such a traditional festival, the making of the foundation has beneficial effects on “pecuniary,” “material” and “human” resources, moving the estate “cho-ie” (community’s common house) and the festival goods “yamahoko” to the fundamental property of the foundation. Each association makes it possible to preserve Japanese traditional festival by using the modern law. Here we can observe the different connection between the society and the law from the aspect that the mobilizing law typically implies modernization, democratization and westernization to the society.

著者

竹西 亜古

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.2002, no.57, pp.24-44,257, 2002-09-30 (Released:2009-01-15)

参考文献数

33

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The article aimed to propose a psychological model of procedural justice and to contribute to understanding why citizens obey laws. The model consists of three psychological elements: procedural justice judgment, social identity, and ingroup behavior. They correspond to the basic psychological processes: cognition, affect, and behavior, respectively. The article also reported the study that examined the model using 540 sample of Kyoto citizens' survey data. The structural equation modeling (SEM) revealed that the model had good fitness and that the relational aspect of procedural justice had an influential recurrent path with the social identity.

著者

平野 義太郎

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.1974, no.27, pp.92-105, 1974-10-10 (Released:2009-01-15)

参考文献数

1

出版者

日本法社会学会

雑誌

法社会学 (ISSN:04376161)

巻号頁・発行日

vol.1951, no.1, pp.156-160, 1951 (Released:2009-04-03)

著者

山本 隆司

出版者

日本法社会学会

雑誌

法社会学 (ISSN:04376161)

巻号頁・発行日

vol.2007, no.66, pp.16-36, 2007 (Released:2017-01-31)

著者

大澤 恒夫

出版者

日本法社会学会

雑誌

法社会学 (ISSN:04376161)

巻号頁・発行日

vol.2009, no.70, pp.206-219, 2009 (Released:2017-01-31)

著者

和田 仁孝

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.1991, no.43, pp.22-30,232, 1991-04-30 (Released:2009-01-15)

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This paper examines the conditions on which small Claim litigation process canbe more favorably accepted by lay litigants. The point is that, beyond the role of legal decision-malcer, judges should give emotional support lay litrgauts to help them establish theiv own strnctnred idea of their problems. In order to make this judge's newrole workable, followiny alternative perceptions on litigation, lawyers and small claim cases must be emphasized:1) litigation as a process of transformation of each litigants idea of his problem, 2) judge as dispnte processor or negotiator (not as "legal" profession), 3) small claim case as a complex which consists of emotioual, societal and legal problems.