The Sociology of Law
Online ISSN : 2424-1423
Print ISSN : 0437-6161
ISSN-L : 0437-6161
Special Articles: Minority and Law
Alienation of Minors in Dispute Resolution Process and Possible Redemption Therefrom
In the Cases of School Corporal Punishment
Ken-ichi Baba
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JOURNAL OPEN ACCESS

2012 Volume 2012 Issue 77 Pages 65-87

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Abstract
This paper examines some problematic aspects of actual dispute resolution processes concerning school corporal punishment (SCP) in Japan. The data used are administrative papers called “accident report” which school principals and town/city educational authorities make and are submitted to the prefectural educational authority, which has administrative disciplinary power. The focal point is on how SCP cases are treated afterward, rather than how SCPs emerge, the former being more socio-legally adequate aspect, whereas the latter concerning more educational matter. Throughout the processes, strong tendency to alienate minors, albeit their being direct party concerned, is observed. At the same time, however, minors themselves sometimes act to redeem their autonomy and centrality.
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2012 The Japanese Association of Sociology of Law
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