著者

牟田 和恵

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.111-122, 2016 (Released:2021-05-05)

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The history of sexual harassment issue in Japan poses an interesting case for examining how gender equality develops in law and the society as a whole. The concept and words “sexual harassment” suddenly became well known when the first sexual harassment case went to court in Fukuoka and the term ‘sekuhara’ was coined in 1989. The prevention of sexual harassment was legalized in 1997 as a part of Equal Employment Opportunity Act, eight years after its problematization in 1989. It was remarkably speedy if compared to other gender related legal issues in Japan. The paper argues that the prompt legalization was brought not for the sake of women’s right but for conservative moral standard. Besides, sexual harassment issue was considered peripheral, not main labor issue for companies. In spite that the sexual harassment legalization made crucial step for women’s right, such trivialization of the problem caused insufficient outcome: the public understanding of the problem remains superficial, which causes suffering for the victims even if they might win in court. Intertwined with stark and stiff labor market structure in Japan, when a woman leaves job owing to sexual harassment, she would inevitably become irregular and unstable worker and move downward in labor market. The paper explores the relationship of law and society through the development of sexual harassment.

著者

平山 真理

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.2013, no.79, pp.85-105, 2013 (Released:2021-05-04)

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The one of the strongest and clearest impact of the Lay Judge System in Japan has been seen in sex crime lay judge trials. Since the introduction of the system, sentencing for sex crime has been increasing. It seems that there has been a great “gap” between what lay people think is the proper sentence for sex offenders and the opinions of professional judges. Also, there are new challenges for victims of sex crime as they now have to be faced with lay people who may be acquaintances of victims. In this paper, I analyze various issues in sex crime lay judge trials. Those are, how and why impacts on sentencing has been seen, victims issues, whether sex crimes should not be tried by lay judge trials, and gender issues of lay judges. In order to do so, I used the data I had collected on the lay judge trials for sex crime cases (n=205) over a 2 year period since the system launched. It seems that many of challenging issues of the Lay Judge System are condensed and strongly seen in sex crime lay judge trials, so it can be said that sex crime trials are one of the most controversial areas of the System. The goal of my research is to reveal impacts, present issues and future prospect of the System through reviewing those 205 sex crime lay judge trials.

著者

松原 英世

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.71, pp.142-158, 2009

著者

田中 吉備彦

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.1-22, 1957-04-30 (Released:2009-04-03)

参考文献数

18

著者

吉田 如子

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.2010, no.72, pp.250-283, 2010 (Released:2017-01-31)

著者

中川 善之助

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.43-74, 1957-04-30 (Released:2009-04-03)

著者

加藤 雅信

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.49-85, 2014 (Released:2021-05-04)

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What is property? How did a notion of ownership appear in the world? The traditional legal study does not give us any answers to the above questions. A notion of ownership had appeared before a written history began. Thus, a legal historical study does not give us any answers to the above questions. However, anthropological studies afford an excellent insight in to these questions. Imagine an ancient society where food was not sufficient. In order to promote food production, farming became important. People would become eager only when a fruit of their labor in farming could be certainly acquired. In such a community needed a notion of land ownership. The notion of land ownership protects an investor in farming at the first stage, and it contributes to an enlargement of food production in a community as a whole in the second stage. Thus, a notion of land ownership appeared in a farming society. This might occur in an ancient society. However, a similar phenomenon occurred in a modern society. In an industrial society, an invention is crucial in order to promote an industrial production. An invention or a new technology is a result of investment for research and development. If imitation of an invention or a new technology is possible, no one would make an investment for research and development. Thus a notion of an intellectual property became necessary in a modern industrial society. From ancient to modern days, a history repeats on the same logic. These are the social structure of a birth of ownership of capital goods. A social structure of a birth of ownership of consumption goods is different. Among consumption goods, food is most important. Social order concerning food had begun before a history of human being started. In primate societies, respect for possession of food by an individual is respected by the others. In case an infant possesses food, even a leader monkey cannot take it by force. In addition, distribution of food is not seldom in societies of chimpanzees and pygmy chimpanzees. This paper focuses and analyses these phenomena.

著者

新田 英治

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.1956, no.7, pp.33-52, 1956

著者

福島 正夫

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.1956, no.7-8, pp.123-206, 1956-07-20 (Released:2009-04-03)

参考文献数

195

著者

松原 英世

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.71, pp.142-158, 2009 (Released:2017-01-31)

著者

出口 雄一

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.153-166, 2010 (Released:2017-01-31)

著者

秋葉 丈志

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.290-296, 2016 (Released:2021-05-05)

著者

江原 由美子

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.2002, no.56, pp.150-165,278, 2002

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Until 1980s', the argument that women have rights to control their own fertility-so called women's rights to choose-had been what many feminists can be agreeable to, which is not necessarily true in some cases today. These cases are relevant to the fact that the developments of Assisted Reproductive Technology after IVFs, or in vitro fertilization, caused different problems since the anxiety that the argument for women's rights to choose might have an effect on encouraging Assisted Reproductive Technology after IVFs in its development and pervasion is spreading over feminists.<br>This article aims to analyze the reasons why the argument for women's rights to choose has an effect on encouraging Assisted Reproductive Technology after IVFs in its development and pervasion if it really has. And I'd like to prove that one of the reasons consists in a concept of a body which attributes reproduction to women's responsibility.

著者

内藤 葉子

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.2012, no.77, pp.266-271, 2012 (Released:2021-04-19)

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

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

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

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.