日本における覚せい剤犯罪の創出

「逸脱の医療化」論の視角から

抄録

　The purpose of this study is to describe the process whereby the continual use of philopon was defined as both a crime and a disease after World War II in Japan. (Philopon is a drug containing Phenylisoproplymethylamin which is called 'speed' in the United States) I use a model advanced by Conrad and Schneider in Deviance and Medicalization (1980/1992) to delineate this process. And this process proceeded as follows:
　1 definition: Philopon was abused by those whom the medical profession thought to be immoral, for example, novelists, dancers, standup-comedians, etc.
　2 prospecting: Some members of the medical profession discovered the intoxication factors in philopon after the death of a famous standup-comedienne. After her death, many studies about philopon intoxication emerged suddenly.
　3 claim-making: The Japan Medical Association claimed that philopon should be controlled by the medical profession, implying that all medicine should be under its control. The Osaka Medical Association claimed that, for reasons of the public health, philopon should be prohibited, implying that the medical profession should be one of the first agencies concerned with public health. Some psychiatrists claimed that the continual use of philopon is a social problem, implying that psychiatrists should have the authority to make judgments about public health. Police claimed that philopon is a cause of many other crimes, implying that they could better maintain the social order if philopon were prohibited.
　4 legitimacy: The goverment regarded the problems of continual philopon use as medical problems, so it regulated the traffic of philopon. And the medical profession, especially psychiatrists, were supported by a movement for public health, especially mental health.
　5 institutionalization: The law prohibiting philopon was based mostly upon medical intoxication designation after an assault case in Saitama Pref.
　6 re-claim-making and re-institutionalization: After a case of assault against a child, the law was reformed to prohibit philopon use more strictly, and the mental health law was also reformed to keep users off the streets.
　I suggest through the analysis of this process that in Japan (1) the medical profession tends to speak about the area of morality, (2) the medical designation of deviance can set the stage for criminal designation, and (3) legitimacy is achieved in the governmental bureaucracy rather than in the courtrooms or legislatures.