福祉国家における「法化」の社会学
1992 年 1992 巻 5 号 p. 37-48
詳細
1992 年 1992 巻 5 号 p. 37-48
The Welfare State today is characterized by redistributive policies and positive social regulations. And laws are used as the instrument of the achievement of social policies and social regulations. But these legal regulations seem to fail in social control and rise over-regulation. In the recent discussion this phenomenon i s regarded as “Juridification”. Juridification seems to be an important socio-legal issue of the Welfare State today. In this thesis we refer to the arguement of J. Habermas and G. Teubner, then we make it clear the essence of Juridification and grope for the directions of less repressive regulation in the Welfare State.
