著者

山田 裕子

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.2000, no.53, pp.195-209,250, 2000-12-20 (Released:2009-01-15)

参考文献数

34

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This study aims to clarify (1)whether the public and a victim of a crime might make different assessments, and (2)whether apologies of perpetrators might reduce such discrep-ancies. One of six scenarios was assigned to each subject, and the public and the victim, and levels of apology were manipulated. Each subject was required to rate the responsibility of the perpetrator. Analysis of variance revealed the effects of interaction between the public and a victim, and the apology, and indicated that an apology by the perpetrator reduced the discrepancy of the assessment between the public and a victim. Path analysis on the process of responsibility assessment suggested that apologies by the perpetrator improved the victim's assessment of "negligence of perpetrator" and "anger to perpetrator".

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.2005, no.62, pp.87-98,193, 2005-03-30 (Released:2011-04-13)

参考文献数

35

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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.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.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

神谷 力

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.1953, no.3, pp.98-115, 1953-01-15 (Released:2009-04-03)

参考文献数

26

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

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

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

---

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

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

---

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

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.

著者

志田 基与師

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.1994, no.46, pp.244-248, 1994-04-30 (Released:2009-01-15)

参考文献数

10

著者

世良 晃志郎

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.1955, no.6, pp.203-207, 1956-03-30 (Released:2009-04-03)

著者

広渡 清吾

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.63, pp.15-34,262, 2005-09-30 (Released:2011-04-13)

参考文献数

34

---

Judicial decision is not only an application of law but contains law making by the judge. It is well-known since the american legal realism and the german free law movement found out it.When we recognize it as a fact and furthermore use law making by the judge as an instrument for law making in order to settle the new coming problems in society, we should analyze the process of law making by the judge and try to adjust it to the principle of the separation of power between judicatory and legislative. Because law making should not be the task of the judge but belong to power of legislative.In this paper we discuss the problem how we can control law making by the judge in order to prevent an arbitrary judgement and the methodology on judicial decision that controls the process of law making by the judge. In japanese and german context law making against statutory law can be permitted exceptionally. According to the methodology law making against statutory law (houritsu. Gesetz) must be made within the higher law order (ho. Recht). What is the higher law order? Sociology of law should research into this problem in collaboration with methodological jurisprudence.

著者

嶋津 格 森池 豊武

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.1992, no.44, pp.2-17,341, 1992-04-30 (Released:2009-01-15)

参考文献数

16

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It is illuminating for the understanding of Hayek's theory of law to summarize his arguments for the refutation of socialism, or collectivist economic planning, which were started in as early as 1935 and have constantly been enriched till his latest Fatal Conceit. His theory of law is laid as one of the cornerstones of the normative part of his entire social theory, in which individual freedom under the rule of law is contrasted with serfdom in collectivism. But although his line of thought is attractive enough, I find his theory about what the law in the era of active legislation should be like not very clear and open to our imaginative interpretations. So, in order to proceed in the task of giving a more explicit Hayekian conception of legislative law, I start from his idea about what legislation should not be like, which is quite unequivocal.

著者

和田 幹彦

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.41-53,191, 2005-03-30 (Released:2011-04-13)

参考文献数

15

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Genetic sciences, especially in the area of molecular biology, pose serious challenges and problems to us in the 21st Century. Genetic information of individuals gives new hopes and worries to patients and their families in their medical decision-makings. New technologies may also make human germline engineering possible and safe in the near future.The first half of the paper discusses the autonomy of patients and of their families in medical decision-makings, while we face awesome developments in genetics and genetic information. If a simple informed consent represented the autonomy in the last decades of the 20th Century, should our autonomy in the 21st Century include our right (or duty) of letting our family and relatives know of their potential genetic information and genetic (advantages or) risks? Should it also include our and their right to "remain in blessed ignorance"? The novelty facing us in this century is that newly accessible genetic information of individuals (1) does not change, in that his DNA sequences stay the same life-long, (2) does not necessarily indicate the current physical condition, but could predict probabilities of certain diseases, (3) may lead to such prediction that may bring about discrimination, and finally, (4) may lead to presumptions on genetic information and conditions of families and relatives. The individual autonomy in this century, therefore, may afflict and conflict with the autonomy of others, even more than it did in the last century. The paper cites and discusses in details a lawsuit decided on April 25, 2003 in Tokyo District Court, then later on January 27, 2005 in Tokyo High Court, where the plaintiffs (parents) were awarded generous compensation for not being informed by physician (s) of genetic risks of having new babies, even after their first born had a severe genetic disease. The paper proposes that professional genetic counseling would be a key solution to such newly arising (legal) problems of this century.The second half of this paper discusses reproductive human cloning and germline engineering, i.e. "Designer Children." Japan, in step with several other countries, prohibited reproductive cloning by law. There still are, however, limitations to the current regulation of genetic technologies in the international community. This paper discusses the recent "trial and error" by an Ad Hoc Committee and Sixth Committee of the United Nations General Assembly on an International Convention Against the Reproductive Cloning of Human Beings. They failed to agree on this treaty to ban reproductive human cloning despite the prevalent consensus that cloning babies should be prevented. The paper discusses then how the miscarriage of the International Convention might have closed the path to a future multilateral agreement to regulate or prohibit germline engineering. The discussions cover the "charm" as well as the risk, and the pros and cons of designing children. The paper contends that any potential regulation of germline engineering must consist of pragmatic measures that are viable within existing legal and social structures.Finally, the paper discusses how law and regulation, including timely provision of appropriate genetic counselors and counseling, might fail to keep up with the rapid development of science and technology. A common criticism voiced in Japan is that law, legal regulation, and social controls cannot level with the fast development of science and technology. The solution would be proposing and stockpiling possible and pragmatic measures well in advance, before another Dolly II the Designer Sheep would alarm us. Also, we probably should not expect a one and only truthful answer to all the bioethical questions on novel biotechnology and life sciences. Diversity, be it on the national or the international level, requires and should tolerate diverse responses to those questions.

著者

平松 紘

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.165-169, 1974-10-10 (Released:2009-01-15)

参考文献数

7

著者

松本 克美

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.2000, no.53, pp.165-179,249, 2000-12-20 (Released:2009-01-15)

参考文献数

65

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In disen zwanzig Jahren sind viele Prozesse für Lungestaub und Kriegsentschädigung gemacht worden. Ich gehe auf Zurückbringen der Lösung der Konflikten durch Verjährung und Ausschulssfristen in disen Prozesse ein. Dabei lege ich Gewicht auf Reife der Bedingungen der Rechtsausübung. In disen Prozesse war es lang schwierig, dass man seine Rechte ausüben. Ich denke, dass die Beklagten die Verjärung und Ausschlussfristen in disen Prozesse nicht berufen und behaupten konnen, weil es unzulässige Rechtsausübungist Und man soll darauf eingehen, die Konflikt durch Gesetzgebung auflösen.

著者

磯田 進 平野 義太郎 戒能 通孝 仁井田 陞 川島 武宜 福島 正夫

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.1952, no.2, pp.53-83, 1952-04-15 (Released:2009-04-03)

著者

小室 直樹

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.1975, no.28, pp.102-109, 1975-10-10 (Released:2009-01-15)

参考文献数

1

著者

吾妻 聡

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.63, pp.186-216,267, 2005-09-30 (Released:2011-04-13)

参考文献数

44

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In this paper, I, first, examine the controversy on the rights system and discourse between the critique of rights by Critical Legal Scholars and the vindication of rights by Critical Race Theorists. This examination urges me to contend that what is needed is not abandonment of liberal rights but reconstructive approach to the existing institutional arrangements of liberal rights. To envisage and acquire the direction toward another conception and system of rights, I follow Roberto Unger's methodology (deviationist doctrine) and normative argument of social theory. Unger's radical project (Empowered Democracy or Super-liberalism) proposes alterative vision of more egalitarian and democratized society whose structures (formative contexts), Unger insists, are more self-revisable and plastic. I find out a supportive example for Unger's vision in the practice and ideal of so-called "New Social Movements, " and attempt to elucidate their stake and aspiration for more egalitarian and democratic social settings in private sphere. My sense is that Unger's vision is not at all far from the ideal of society and human association which is an emergent germination but still labeled as deviant. Finally, I turn into Unger's legal theory version of deviant doctrine and proposal, and paraphrase "immunity rights" and "destabilization rights." Even though these alternative proposal of rights is controversial and is frequently criticized for its idiosyncrasy and paradoxical characteristic, I contend that its ideals of heightening the context-revising capability of human beings and the self-revising character of institutional arrangements are essential not only because we can see its emergent germ in the movements' practices in private sphere, but also because ultimate justification of constitutional order comes from active invitation of ceaseless criticism toward the existing social settings and institutional arrangements by ordinary men and women. The deviant moment has to be interpreted as the representation of universal ideal of democracy.