著者

柳瀬 昇

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.2010, no.72, pp.167-182, 2010 (Released:2017-01-31)

著者

水林 彪

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.2014, no.80, pp.86-115, 2014

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In 1947, Takeyoshi Kawashima published a groundbreaking book titled SHOYUKEN-HO NO RIRON (THEORY OF PROPERTY LAW). In the spring of 2013, a symposium was held to discuss how "A NEW THEORY OF PROPERTY LAW" might look if we update and revise Kawashima's work and try to come up with a new theory. Because the draft of this paper was written as a comment to the symposium, Part I of this paper addresses the significance and problems of Kawashima's classic work. In Part II, the author's ideas for "A NEW THEORY OF PROPERTY LAW" are proposed. The significance of Kawashima's work can be summarized in three points: one, it is a law-and-society piece, not a doctrinally analytical piece, of property law; two, it has a historical perspective; and three, it is dialectical. On the other hand, two problems can be observed: one, Kawashima equated modern law to capitalist law or law in the era of capitalism; and two, Kawashima paid insufficient attention to labor and commercial law. Historical analysis of these two central components of capitalist law and the economic basis out of which these laws emerged, yields a richer historical theory than Kawashima's. By broadening our perspective from capitalist property to modern property, the author tries to overcome the problems of Kawashima's work and presents his theory of both modern and contemporary property law.

著者

阿部 浩己

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.56, pp.66-83,275, 2002-03-30 (Released:2009-01-15)

参考文献数

51

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Breaking five decades of silence, Asian women courageously emerged in the public arena as survivors of Japanese military sexual slavery. The immediate response of the Japanese ruling elite was a blatant disregard of their voices and yet another imposition of silence. Under the circumstances, one fundamental challenge facing international legal scholarship is to make an inquiry into the legal implication of silence consistently forced on victimized survivors. It necessarily ignites a process of re-examining the value premises which dictate the purposes and beneficiaries of the international law.Behind the forced silence is classical liberalism, the dominant theory of international legal studies. Justifying legal regulation based on the ideas of consent, liberty and equality of states, classical liberalism continuously reproduces the preeminent concept of elitism in international society. The fulcrum of this theory may be broken down into four "isms": euro-centrism, andro-centrism, statism and presentism. Under the pretense of objectivism and stability of legal order, classical liberalism strenuously backs up the ruling elites' inhumane response of suppressing survivors' desperate calls.Vibrant streams increasingly visible in international legal scene in the 1990', represented inter alia by the Australian-led feminist school, effectively debunks the value premises of mainstream international legal studies, thus leading a world-wide movement to "open up" otherwise closed international law. Deliberately un-silencing voices of the "Others", i.e. non-Europeans, women, citizens and the past (and the future) generations, the new movement has brought forth a welcoming progress in international law in such areas as human rights and humanitarian law. Commonly observed in a number of litigations filed by survivors of Japanese military sexual slavery against the culpable government is a call for the deconstruction of international law so that the voices of the Others are secured therein. Clearly, their call synchronizes the world-wide legal movement to reshape international law.This essay is intended to portray the value premises and legal implications behind international law arguments presented in connection with the issue of Japanese military sexual slavery. Reference is made as well to a Peoples' Tribunal, the Women's International War Crimes Tribunal 2000 in Tokyo, which in the view of the author, is a manifestation of the dynamic process to open up international law to citizens and women, whose agonies have been unheeded in the state-centered, patriarchal international legal scene.

著者

加藤 新太郎

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.2007, no.67, pp.157-162, 2007 (Released:2017-01-31)

著者

高橋 裕

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.297-301, 2009 (Released:2017-01-31)

著者

長谷川 貴陽史

出版者

有斐閣

雑誌

法社会学 (ISSN:04376161)

巻号頁・発行日

no.83, pp.66-74, 2017

著者

蟻川 恒正

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.2003, no.58, pp.29-44,272, 2003-03-30 (Released:2009-04-22)

参考文献数

22

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My article deals with a long-neglected question on Japanese defamation law: when a court order is a "specific performance"to restore a victim's reputation, should it be considered mandatory or optional?My aim is to make an inquiry into the "coercive" nature of a court's decision. Several dichotomies and antinomies, which I took from both French and English legal traditions, have been given an analysis: remède and remedy, réparation en nature and répatation par équivalent, exécution volontaire and exécution forcée, as well as enforcement and accomplissement.

著者

吉田 善明

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.1978, no.30, pp.6-21,224, 1978-03-30 (Released:2009-01-15)

参考文献数

33

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This treatise is written with a view to analysing present constitutional powers of the British Monarchy and the practice in control of the Queen in Parliament and the People.The main content is as follows:IntroductionI. The position of the constitutional Monarchy.II. Political powers and social powers of the Monarchy.(i) Political (social) powers of the Monarchy in the U. K.(ii) Functions which the Queen performs in the Commonwealth.III. The practice in control of the Queen in Parliament and the People.(i) On the practice in control of the Queen in Parliament.(ii) On the practice in control of the Queen by the People.Conclusion

著者

富井 利安

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.1983, no.35, pp.139-143,239, 1983-03-30 (Released:2009-01-15)

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The purpose of this paper is not to examine the Supreme Count Decision in in the Osaka International Airport Case itself, but to offer a perspective of the action of environmental disruption.In the first section, I have proposed to divide the action of environmental disruption into three forms, i. e. action for damage, action for injunction after environmental injury occurred, action for injunction before environmental injury comes and insisted on the urgent question and subject in each action.In the second, I have indicated, on the annexed paper distributed to the meeting, the character and subject of actions of environmental disruption in and around Seto Inland Sea.

著者

福井 康太

出版者

有斐閣

雑誌

法社会学 (ISSN:04376161)

巻号頁・発行日

no.82, pp.275-281, 2016

著者

仁木 恒夫

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.2004, no.61, pp.92-110,217, 2004-09-30 (Released:2010-04-15)

参考文献数

42

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This paper analyzes the practice of legal assistants at law firms in Japan. Lawyers sometimes say that legal assistants should acquire more legal knowledge and legal skill than now for the rational management of law firms. The process of providing legal services at law firms is constructed not only of legal knowledge and legal skill, but also of many communications among lawyers, clients and legal assistants. This paper argues that, for lawyers, teamwork with legal assistants is an important part of reasonable legal practice.

著者

福井 康太

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.1999, no.51, pp.171-175,287, 1999-03-20 (Released:2009-01-15)

参考文献数

6

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This paper aims to reconsider the potential of Niklas Luhmann's theory of legitimation through (legal) procedure. According to the ordinary understanding of his theory (probably also his own understanding), legal procedure is understood as a kind of coercive system, which isolates parties, absorbs their protests and makes them accept conventional legal decision unwillingly.But this understanding of Luhmann's theory of legal procedure appears to be impertinent, in spite of Luhmann's own understanding. Man can understand the functions of legal procedure opener, in the scope of possible understanding of his theory. With some devices, which strengthen activity of parties in the legal procedure, parties can interpret and define their own troubles advantageous to themselves, referring to various kinds of factors, which are not limited to legal factors, that appear in the court (for example, interpretations or expectations of the same kinds of troubles by other people, ways to cope with the same kinds of problems etc.). Following the latter understanding, parties can learn the results of the legal procedure positively. It is expected that by the effects of 1998 amendment of code of civil procedure, appropriate devices in the legal procedure become easier.

著者

日比野 勤

出版者

有斐閣

雑誌

法社会学 (ISSN:04376161)

巻号頁・発行日

no.64, pp.43-59, 2006

著者

六本 佳平

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.1986, no.38, pp.140-147, 1986-04-20 (Released:2009-01-15)

著者

石山 勝巳 浜田 紀子

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.1964, no.16, pp.107-130,148, 1964-04-10 (Released:2009-06-16)

参考文献数

8

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In the farm areas, especially the rice field areas in Tochigi Prefecture, there had been a custom called ‘fosterage’ among farmers for a long time. The farmers who employ the fostered children of school-age take care of them for the purpose of securing the agricultural labor power in the future. These children mostly come from the needy peasant families in the six prefectures in the northern part of Honshu Island and from within Tochigi Prefecture. They are usually sold with the apprenticeship, which lasts till the age of adulthood, either through the intermediation of the professional mediator called ‘Keian’ or through the direct bargaining between parents and employers. The survey on the slave trade cases during the period from Dec. 1948 to Apr. 1949, published by the Ministry of Labor, shows that 134 out of 282 total sufferers all over Japan were found in the farm areas in Tochigi Prefecture, being distributed at large to three areas, around the basins of the River Gogyo, the Rivers Kinu and Ta, and the Rivers Kuro and Sugata, and that most of these children were under 18 years of age.According to the authors' investigation, around the basin of the River Gogyo, the farmer had, in general, a bigger cultivated acreage and not a few landlords owned 122 to 245 acres of rice fields before the Agrarian Reform soon after World War II. The housing, food, and clothing for fostered children were distinctively discriminated from those of farmers' own children. Farmers' own children would not work on farm; if they had to work on farm, they were the supervisors over fostered children. Around the basins of the Rivers Kinu, Ta, Kuro, and Sugata, in contrast, the farmer had a much smaller farmland and most of the farmers were owner farmers of 4.9 to 12.3 acres of rice fields before the Agrarian Reform. Being brought through parents-employers' direct bargaining, fostered children, most of whom were born within this prefecture, were treated just as the same as farmers' own children as indispensable labor power to the agricultural management of farmers and could become independent by marriage or by finding other occupation as the farmers' own second or third children could. Furthermore, some of them were legally adopted as soon as they were brought to farmers'. The registration filed of 1962 at Child Welfare Center, Tochigi Prefecture, which shows the existence of 8 foster parents around the basin of the River Gogyo and of 62 fostered children around the basins of other rivers, would prove such a custom of ‘fosterage’ still alive in those areas.From the answers to the questionairs sent by the authors to all the foster parents in those areas and in Utsunomiy City, the prefectural metropolis, is drawn the conclusion that there can be made a division into three types of fosterage, that is, rural, intermediate, and urban types, by the differences of farm-land, scale of agricultural management, and familial type between the families, and that this prewar custom has been the transformed in favor of the fostered children especially around the basin of River Kinu.

著者

南野 佳代

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.2012, no.77, pp.107-133, 2012 (Released:2021-04-19)

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This paper tries to explore how we can cope with Japanese Judiciary, for the fair administration of justice, to learn from the experiences of U.S., Canada, and Australia in perceiving, sharing awareness of, and trying to eliminate gender bias in the courts. First it goes through the efforts of Japanese Federation of Bar Associations to improve the gender bias in the courts. Second it takes up the NGO, first to develop programs for judicial education on gender, established by NOWLDEF, NJEP’s achievement in cooperation with the courts, to find and eliminate gender bias in the courts and legal profession in U.S. Then it moves onto Canadian movement to institutionalize judicial education concerning gender for the judges, which were led by feminist lawyers, scholars, and judges. Canada’s NJI and its educational programs for fair administration of justice known as “social context” of is now one of the leading judicial education models. Lastly, it looks to Australian judicial education and bench book as assisting system for the judges with gender fairness in administering justice. Referring to the Australian bench book on “the Equality before the Law: section7 Women,” it reviews gender bias in a recent Japanese employment discrimination case. In conclusion, it points out the conditions shared in three countries to consider viability in the Japanese context.

著者

松本 暉男

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.1962, no.13, pp.100-135, 1962-04-15 (Released:2009-04-03)

参考文献数

28

著者

佐藤 岩夫

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.2005, no.62, pp.180-187, 2005-03-30 (Released:2011-04-13)

参考文献数

7

著者

松原 英世

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.2006, no.65, pp.67-81,254, 2006-09-30 (Released:2012-06-20)

参考文献数

44

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This paper aims at bringing up a perspective to examine the relationship between policies and recognition of facts behind them. First, we will observe transformation of criminological thought and ways of dealing with crime, and confirm the correspondence, looking back to history of criminology (II). Then, we will explore what causes the transformation and how a certain policy is chosen (III). I will make the point through the work that ways of coping with crime and roles of punishment are influenced by our ways of thinking about crime and criminals rather than effectiveness of policies, and also that we should reconsider current policies for crime and how to use punishment in the historical context from this point of view.

著者

小島 妙子

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.2014, no.80, pp.170-193, 2014 (Released:2021-05-04)

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“The right to self-determination” about the abortion has been discussed as a part of the (disposal rights) ownership of the female body, but with the development of life science and improved technology of prenatal diagnosis, the opinion that women have no freedoms to choose the “quality” of children and do not allow the selective abortion have become to be supported. “The guideline for new prenatal diagnosis using maternal blood” which was published in March 2013, has the response inhibition about the “prenatal diagnosis,” saying that “a doctor need not inform actively to a pregnant woman about the new prenatal diagnosis,” and it has limited the pregnant women subject to inspection it, carrying out only in the accredited institution. Can the woman decide whether or not to give birth to a child, on the basis of prenatal diagnosis, and making the abortion on the grounds of failure of the fetus? This paper would reveal that the decision on abortion is related to the basis of self-definition, being guaranteed under the legal structure of “the freedom of the body” by Article 13 of the Constitution, and discussing the problems of the guideline for prenatal diagnosis and the possibility of the selective abortion.