著者

日比野 勤

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.2006, no.64, pp.43-59,275, 2006-03-30 (Released:2012-06-20)

参考文献数

27

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Human entities are of a psychic existence. They are of a pathos-like, passive existence and as such, need to act towards the outside world. The autonomous existence of an entity emerges when it actively engages the world, and through a common actual engagement with the world emerges the autonomy of an organisational entity. However, as a mechanistic way of thinking develops, the actual psychic existence of the entities comes to be replaced by a physical psychic existence. In such circumstances, although entities are still autonomous and make decisions on their own, they are unable actively to engage with the outside world. They are merely elements in an operational sequence, and the autonomous existence of not only the individual entities, but also of organisational entities is denied in such a situation. In recent years, with the growing influence of spiritualism, people increasingly become a virtual psychic existence. Here, the distinction between reality and the virtual world becomes blurred, and occasionally, a forceful, possibly even violent, realisation of the virtual world is attempted, although this does not mean that there is any actual commitment to the world.Law cannot be immune from such transformation of entities, but the legal system has, however, so far been unable to cope with such entities in transformation. Problems such as the appropriateness of using brain-death as a criterion for medical death, refusal of blood transfusions by Jehovah's witnesses, and the control imposed on Aum-Shinrikyo as an organisation should be understood in this context.

著者

森 謙二

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.1979, no.31, pp.117-140,234, 1979-03-30 (Released:2009-01-15)

参考文献数

34

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Inheritance of the first-born child ("Ane-Katoku Sozoku" in Japanese) refers to a system which stipulates that if a female happens to be the first-born child, then she (saying exactly, her adopted husband "Muko-Yoshi" in Japan) inherils the family's entire holdings. This system is different from primogeniture, in the strict sense of which the eldest son inherits the family's holdings.The custom of the first-born child inheriting was found in the North-East Regions of Japan, and exsisted until the early days of the Meiji-period. But after that, it began to break down.My report explains the following.1) The actual state of this custom in Satomi-Village in Ibaragi.2) The reason why this custom efisted.3) The process by which this custom broke down under the influence of the Act of Conscription and the Meiji Civil Code.

著者

上原 専祿 尾高 朝雄

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.1953, no.3, pp.24-49, 1953-01-15 (Released:2009-04-03)

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

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

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

不破勝 敏夫

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.1953, no.4, pp.102-110,60, 1953-07-10 (Released:2009-04-03)

著者

利谷 信義 森 實

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.1966, no.18, pp.140-210, 1966-04-20 (Released:2009-04-03)

参考文献数

17

著者

樫村 志郎

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.2005, no.63, pp.161-185,267, 2005-09-30 (Released:2011-04-13)

参考文献数

27

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The present article analyzes the impact of the recent judicial reform on the rural community of Japan. It is based on the multi-methodological study project on rural justice in contemporary Japan. The project has been financially supported by JSPS no. 15330004 and the 21st Century COE program for Kobe University.Firstly, the article reviews the major reforms in national law level. Though Japan has long been suffered from shortage of formal legal resources, the situation is rapidly changing because of the national judicial reform movement in last 10 years. The number of lawyer (bengoshi) in 2005 has increased by 50% compared with that of 1990: The Japan Federation of Practicing Attorneys (Nichibenren) has established the legal advice centers in all jurisdiction of local courts. The regulatory restrictions have been removed in such areas of advertisement and fees: The government enacted the "the comprehensive legal support act" in June 2004. However, the availability of legal services is still severely limited in small towns and cities in non-metropolitan areas.Secondly it examines the nation-wide distribution pattern and its changes, for 1998 to 2002 period, of attorneys (bengoshi) and judicial scribners (shihoshoshi) in local court jurisdictions, and it finds that the attorneys are more concentrated in largest metropolitan areas than the judicial scribners; however, the number of judicial scribners is increasing in more of the urban areas and decreasing in more of the rural areas than the attorneys.Lastly it qualitatively describes how the legal problems are resolved almost without resorting to attorneys in rural areas by reporting 4 case studies of small cities in rural areas. People in those areas usually rely on judicial scribners for legal remedies for such troubles as consumer problems, domestic violence, and debts. They also ask advices of the local police, local government's, especially the consumer protection agencies and their branches. In each of those areas, one or two active attorneys recently opened the publicly funded office of law in the community. It is also noticeable that not a small number of people hesitates to ask advice to the "foreign" attorney even in serious legal troubles.

著者

松村 良之 太田 勝造 岡本 浩一

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.1997, no.49, pp.198-202,247, 1997-03-30 (Released:2009-01-15)

参考文献数

13

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Japanese judges usually spend their entire legal career as judges. Many of their legal jargons are unique to their professional circle and reflect their cognitive structure about legal issues."Suji" and "suwari" are among such most frequent jargons. "Suji", whose lexical translation is "line", is often used in a phrase "suji ga warui", meaning "suji is bad for this case". Such a phrase might be translated into "this case has a bad logic or an unclear background". The phrase is typically used to describe civil cases, and is less often spoken of by other legal professionals. "Suwari", whose direct translation is "well-seatedness" is similarly phrased, but it is, arguably more often used to describe judgments that are already made at courts of lower level.The present study is an attempt to give quantitative description of these two concepts by a cognitive psychological approach. As the first stage of our study, we made intensive interviews to seven retired or current judges. Based upon the interview result, we structured the questionnaire.As the second and final stage, we sent out the questionnaires to all the retired judges in Japan (1, 120), out of which 339 were returned. The respondents were asked to respond in psychological judgment scales, to fictitious cases in which some crucial details were manipulated as experimental variables. Statistical analyses on these variables are worked out to render experimental description of these concepts as correlates to and functions on more direct legal perceptions.

著者

佐藤 岩夫

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.1999, no.51, pp.176-177, 1999-03-20 (Released:2009-01-15)

著者

戒能 通厚

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.2000, no.53, pp.29-45,245, 2000-12-20 (Released:2009-01-15)

参考文献数

16

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Legal Profession of Japan was created after the Meiji Restoration. Since the government did not intend to develop a strong private bar that could represent citizens in disputes, the primary objective of securing the law graduates through hard exam. for the government was to produce judges, prosecutors and upper-level state bureaucrats. After the World War II, the Practicing Attorneys Act was revised to put practicing lawyers on equal footing with prosecutors and judges. Since then, members of all three groups follow a similar path. However, the route to judgeship in Japan starts with a kind of apprenticeship as an assistant judge followed by the promotion system in the Japanese court hierarchies as 'independent and full time judge', Although law is a popular undergraduate major in Japan, a degree from law department is not prerequisite to sitting for the National Bar Exam. which is said to be the most difficult exam. in Japan.Last year, the government had appointed the Judicial Reform Committee chaired by Prof. Koji Sato of Kyoto University and the Committee is now preparing Interim Report mainly focusing on the increase of the number of Bengoshi (attorney at law) as well as reform of Bengoshi-system for much easier access to Bengoshi.Some bengoshi groups are now promoting Hoso-Ichigen (Anglo-American System of the judicial appointments) which is simply to limit the resource of judge to practicing bar (or prosecutors) in order to abolish bureaucratic judgeship ruled by the General Secretariat to the Supreme Court.This article is discussing the historical origin of the notion of Hoso-Ichigen as well as the independence of Bengoshi and also criticizing the introduction of Japanese version of Law School system into universities without any prospect of the realization of Judicial Reform in Japan.

著者

久武 綾子

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.1964, no.16, pp.81-106,147, 1964-04-10 (Released:2009-06-16)

参考文献数

7

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以上の調査結果は、(1) 調査区は、いずれも職業別人口構成を異にするが、総括的にみると、推計学的に検定した結果も統計上の有為差は、一部の統計結果を除き、殆んど認められなかったので、本調査の地域差は期待に反し、顕著な差ではないことがわかった。(2) 婚姻届出日と第一子出生日との隔たりについての統計結果から、妊娠または出産を契機として入籍するという一慣行、すなわち、事実婚より法律婚への転機の一原因が実証された。このことは、戦前は勿論、戦後も意外に多いことがわかった。(3) 婚姻の届出が第一子の出生後、出生届の期間内の一四日までになされる率は、いずれの時代でも相当数を占め、最近でもこのような例は稀でないことがわかった。(4) 婚姻成立後、九~一〇月で子の出生をみる傾向は、最近になってようやくあらわれた。(5) 古い時代はとくに、現在でも内縁期間中の懐胎が相当多く、これは挙式後婚姻の届出がすぐに行なわれなかったためである。(6) 挙式日と出生日との隔たりについての統計結果は、時代の推移にかかわらず一〇月にピークがみられる。(7) 社会生活上、挙式は重大な規範であり、厳守されているが、その反面、制度としての婚姻の届出は、おくれがちであることが実証された。(8) 婚姻の届出は、挙式後一ケ月までになされる率が、調査区および調査期間とは関係なく一番多かった。(9) 以上、これらの調査結果から、婚姻にみられる慣習規範と、二、三の慣行が統計的に裏づけられた。(10) 本調査により、大都市における婚姻と届出に対する一般市民の実態が明らかになったが、今後は、調査地を農村に求めてこれと比較するとともに、進んでは、届出制度そのものに対する法社会学的背景を探究するための若干の調査と考察を試みたいと思う。

著者

原田 綾子

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.2006, no.65, pp.217-241,258, 2006-09-30 (Released:2012-06-20)

参考文献数

58

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Every child protection system has two primary goals: to ensure the safety of children and to preserve the parent-child relationship. However, in the United States especially, the juxtapositioning of these two goals are thought to bring about a serious dilemma. According to the liberal thought, which places much value on the autonomy and self-reliance, state intervention to the family must be kept at a minimum. It therefore follows that parents do not get any support unless they are found to be abusive to their children. Under this ideology, parents are blamed in cases of child abuse because it is thought that the parents hold full responsibility for raising their own children. Parental rights are terminated to keep the child safe if the parent (s) cannot improve their parental abilities after a temporary period of assistance. Some possibilities for overcoming the problems of these contrasting alternatives can be found in the arguments of E. F. Kittay and M. Minow. They reconstruct liberal theory using the concepts of "dependency" and "relationship" and argue that society should acknowledge the social value of the parent-child relationship and support parents. If generous support for parents can reduce the parental stress, it will help prevent abuse from the outset, or at least prevent its recurrence. The latest practices on this theory can be appreciated to have broadened the possibility of concurrently realizing the two original goals: the safety of children and the preservation of the parent-child relationship.

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

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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.

著者

田山 輝明

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.1973, no.26, pp.82-86, 1973-10-10 (Released:2009-01-15)

著者

紙谷 雅子

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.2005, no.62, pp.175-179, 2005-03-30 (Released:2011-04-13)

参考文献数

11