Critical Examination of Labeling-theory from the View Point of Judical Welfare (<Symposium>Contemporary Society and Sociology of Crime : in Search of New Perspective)

Abstract

Labeling-theory produced a new approach of the study of deviant behaviors and especially its sociological critique to the authoritative treatment of delinquents by officials has a unique aspect. But this theory so strengthens authoritative elements in the official treatment that it is inclined to function consequently in the direction of tightening authoritative power rather than criticizing it. It seems that this paradoxical point spoils the significance of labeling-theory. Though labeling-theory strengthens the defect of official treatment as to its provision of labels for delinquents, there has been the tradition of avoiding such labels in Japan before this theory was proposed. This tradition is based on Buddhistic thought of pardon, Marxism's theory and Japanese unbelief in former reformatories and it has emphasized the significance of the treatment in the community rather than in a reformatory. But in Japan, this tradition includes problems in itself from the view point of labeling-theory. It has a defect in strengthening labels of delinquents sent to reformatories. The more we try to avoid stamping labels, the more the label which is more selectively stamped becomes strong and overwhelms the delinquent. For these reasons labeling-theory has contradictions in itself and therefore it cannot replace the such preceding theory of deviant behavior as anomie-theory. What is expected hereafter is to refine labeling-theory from causal aspects and to integrate it in to the former theory, especially anomie-theory. At least this reform is necessary for judical welfare - the diagnosis and treatment for the sound upbringing of delinquents.