法社会学
Online ISSN : 2424-1423
Print ISSN : 0437-6161
ISSN-L : 0437-6161
近代理性的秩序の限界•偶然性の統制
犯罪被害者をめぐる制度改革の方向
河合 幹雄
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ジャーナル フリー

2001 年 2001 巻 55 号 p. 102-116,249

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In 2000 in Japan, a reformation of laws about crime victims was achieved. It was a good reformation in ordinary sense. But modern law cannot really save victims because of its nature, especially when they had nothing to do with the cause of crimes or accidents. Victims suffer from their new identity of unlucky men or women, and from lost of sentiment of being in security which is shared by normal people. Human rationality cannot change victim's identification from unlucky to lucky, neither give a sentiment of being in security.
To aid victim, we must avoid formalism, even if the form is considered in favor of victim. Achieve the obligation of citizen is better than declare the right of victim, for identification of being victim stops to become no more victim.

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