著者

塩谷 國昭

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.37-45, 1991-04-30 (Released:2009-01-15)

参考文献数

4

著者

中河 伸俊

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.2003, no.58, pp.79-97,273, 2003-03-30 (Released:2009-04-22)

参考文献数

51

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Claims-making is a key concept in constructionist studies on social problems. This concept makes it possible to see both social problems and legal phenomena as process-achievements within a sequence of situated activities. From this claims-making perspective, this paper proposes a few research topics. One of those is a "translation" problem. A various "social problem" claims and "everyday" claims are inevitably "translated" into legal claims when they move into legal arena. What various parties, including legal and other experts, do when the "translation" is taking place is an important question, both theoretically and practically.

著者

川人 博

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.134-138,195, 2005-03-30 (Released:2011-04-13)

参考文献数

9

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The term "karoshi" was first used by Dr. Tetsunojyo Uehara and others in the latter half of the 1970s. Thanks to the activities of the Karoshi Hotline since 1988, "karoshi" has become part of the Japanese language.Karoshi is defined as "death from overwork and stress". The phrase "suicide resulting from overwork, " as a form of karoshi, is now established in Japan as well. When reported overseas, the term "karoshi" is either left in the original Japanese as karoshi, or is translated into the phrase "death from overwork" and is regarded as a symbol of overworking Japanese society.Karoshi has great significance for the following two reasons: firstly, the word explains the social factor of "overwork and stress" that leads to death; and secondly, the word has an easily understandable meaning for the Japanese people. For these two reasons, karoshi has become a locomotive for the movement of social reform in Japan.

著者

角田 由紀子

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.2001, no.54, pp.44-58,259, 2001

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The situation regarding victims of sexual violence has dramatically changed in this decade in Japan. Mainly women activists who addressed the issue of victim's rights of sexual violence have made this change. The number of victims who seek legal remedies has increased. This movement has made it clear that our legal system has not worked well for giving them appropriate remedies.<br>In the field of criminal law, rape is still determined under the influence of the patriarchal ideology. For example, rape is determined whether a victim made utmost resist against her offender. This way of determination can release rapists who know the victims, because in those cases it is more difficult for them to resist strongly. In addition, it is not likely for the victims of non-stranger rape to report the rape to the police. Victims still have faced the victim-blaming attitude of the society as a whole as well as a legal system itself. The above mentioned problem of the criminal law has also been seen in civil cases in which victims are demanding compensations from offenders. This happened particularly in sexual harassment lawsuits. The cases in which plaintiffs were defeated were determined by judges who relied on so called rape myth. Another problem of the civil cases is low amount of compensation, even though in some cases we can see relatively high amount of it.<br>The root cause of the problem is that there is merely education of sexual discrimination in the legal department of universities and the Legal Research and Training Institute run by the Supreme Court. The change of the issue of women's rights, which happened internationally in this decade, has not yet reached those educational bodies for lawyers.

著者

森田 朗

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.2001, no.55, pp.71-85,248, 2001-09-30 (Released:2009-01-15)

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Since mid 1990s Japan has been promoting a big scale reform of the basic governmental institutions. Transfer of functions to local goverments, deregulation, reshuffle of government ministries and financial structure reform are advancing and the civil service reform has just started. These reforms are to reform a govermental organization that has grown excessively large and rigid, and to realize a streamlined, efficient and transparent goverment that permits effective execution of important state functions. In this article, political or law-making process of two reforms are analyzed. One is the reinforcement of cabinet functions. In order for the Cabinet to conduct substantial policy discussions, and to function as the principal instrument for a top-down approach to the formation and execution of policy, it is necessary to reinforce the Cabinet functions and to strengthen the "leadershp of the Prime Minister" The second is the establishment of independent administrative corporations. Government organizations are criticized because of inefficiency, rigidity and a big financial deficit. So independent administrative corporations are established as a strong tool for increasing efficiency and improving the quality of administrative services.

著者

西尾 広毅

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.234-251,280, 2002

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In this article, I analyze comparatively two litigation movements, Minoo <i>chukonhi</i> war memorial case and Osaka enthronement ceremony and <i>daijosai</i> Shinto ritual case, from the perspective of A. Melucci's theory of 'new socialmovement'. Through this comparative analysis, I clarify that a dynamism that generate in the tension between a formation of social movement identity and a conduct of lawsuit, impacts upon develop and decline of the movement as whole. On the one hand, when the litigation is conducted without taking into account on the moment of formation and/or affirmation of the collective identity, there is the risk that the collective identity, and therefore the movement as such, may collapse, even though some fruits are acquired through the litigation. On the other, when the lawsuit is conducted taking into account on the moment of formation and/or affirmation of the collective identity, there is a potential for generating new movements through legal technical refinements in that lawsuit, even if the lawsuit is end up with losing.

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

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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

神長 百合子

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.2004, no.61, pp.147-165,218, 2004

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This paper presents an analysis on the professional work and consciousness of the Japanese women lawyers who practice law in the metropolitan area of Tokyo. It is based on the research of women lawyers conducted in 1998 supported by Grant-in-Aid for Scientific Research of the Japan Society for the Promotion of Science.<br>The frame of the research is to see if the international trend of the female bar to commit to the women's cause, especially "Women's Rights, " or feminist perspectives has any effect on Japanese legal practice by women lawyers. My former research of 1991 (cf. Kaminaga & Westhoff, "Women Lawyers in Japan: Contradictory Factors in Status, " in Shultz & Shaw eds. Women in The World's Legal Profession, 2003) suggested that women lawyers held a very special position in Japanese society-a kind of limbo between the general low social status of Japanese women and the very elevated status of the elite profession of law. Following up this result in a larger scale with more sophisticated design, I conclude that the same picture still applied to Japanese women lawyers at the turn of the century. The status factors reflected in their everyday practice and their attitude toward the representation of women clients and the "Women's Rights" cause.

著者

坂元 真一

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.224-241,262, 2002

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In 1940, Japan revised the Korean Civil Act, and mandatorily added "Japanese-style" surnames to all Koreans (so called "Renaming Policy in Korea"). At the same time, this Act allowed all Koreans to adopt a child who is not the member of the adoptive father's patrilineal clan. After liberation, all of such "non-customary" adoptions were invalidated retrospectively, and South Korean courts held this decision for more than 40 years. Nevertheless, in 1994, the Supreme Court of South Korea, overruling the precedents, declared that the "non-customary" adoptions done on the basis of 1939 Act were/are valid.<br>This paper reviews the appropriateness of this 1994 Supreme Court decision. To undertake this analysis, the logical relation between the "Japanese-style" surnames and the "non-customary" adoptions is mainly discussed. The first Korean Civil Code of 1960 allowed the "non-customary" adoption without forcing any "Japanese-style" surnames. This fact clearly proves that the "Japanese-style" surname is one thing: the "non-customary" adoption is another. Hence, even the former was declared "null and void <i>ab initio</i>" by the ordinance "Restoration of Korean Names" of 1946, the latter cannot be automatically invalidated. The "non-customary" adoptee based on the Act of 1939, however, had a right to succeed the adoptive father's "House", which was prohibited by the Korean Civil Code of 1960. The succession of the "House" by the adoptee of deferent patrilineal clan caused a serious "Japanization" to the legal identity of Korean customary "House".<br>In conclusion, the 1994 Supreme Court decision is proper, as far as the validity of the "non-customary" adoption on the base of the 1939 Revised Act. However, the right of the "non-customary" adoptee to succeed the adoptive father's "House" should be invalidated retrospectively, in the light of making a distinction between "modernization" and "Japanization" in the history of Korean Law and Society.

著者

日比野 勤

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.64, pp.43-59,275, 2006

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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.<br>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.