犯罪社会学研究
Online ISSN : 2424-1695
Print ISSN : 0386-460X
ISSN-L : 0386-460X
22 巻
選択された号の論文の23件中1~23を表示しています
  • 原稿種別: 表紙
    1997 年 22 巻 p. Cover1-
    発行日: 1997年
    公開日: 2017/03/30
    ジャーナル フリー
  • 原稿種別: 表紙
    1997 年 22 巻 p. Cover2-
    発行日: 1997年
    公開日: 2017/03/30
    ジャーナル フリー
  • 原稿種別: 目次
    1997 年 22 巻 p. 1-2
    発行日: 1997年
    公開日: 2017/03/30
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  • 原稿種別: 付録等
    1997 年 22 巻 p. 3-
    発行日: 1997年
    公開日: 2017/03/30
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  • 瀬川 晃
    原稿種別: 本文
    1997 年 22 巻 p. 4-5
    発行日: 1997年
    公開日: 2017/03/30
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  • 竹村 典良
    原稿種別: 本文
    1997 年 22 巻 p. 6-27
    発行日: 1997年
    公開日: 2017/03/30
    ジャーナル フリー
    The purpose of this study is to develop an epistemology on the relation between punishment and welfare asking for the help of arguments on "Verrechtlichung (=leagalization)" mainly developed in Germany. Looking at a practical situation on the mixture between punitive codes and assist codes and the relationalization between penal and welfare systems, it is negative in the correctional stage and positive in the rehabilitative stage in general. It is extremely difficult to make punitive codes and assist codes coexist and it connect together and it has a possibility to impede functions of both systems. Now "criminal-justice-welfare" or "penal welfare complex" theories and practices are, however, being developed and are going to be developed in the near future. But if different codes, punitive codes and assist codes, are uncritically related and connected, we will be able to find "disciplinary welfare sanctions" which put crimes and criminals under surveillance and punitive control in the main. Then an outbreak of "treatment trilemma" cannnot be avoided. Conquering this trilemmma, we have to be emancipated from the "punitive myth" and "criminal justice myth" which regard the processing of crimes and treatment of criminals through penal sanctions and punitive controls as important and necessary. "Pardons" may be a moment of this emancipation. In order to construct a "symbiotic society" based on pardons, it is indispensable to acknowledge the "diversity and difference" and the "independence and autonomy" both on the social level and on the individual level and hold them in high regard. Sanctions or social controls in post welfare states have to be constructed on the "reflexivity" and "contingency". Reflexive and contingent codes which are generated in arrangement relations of plural social matrixes are needed in the future crime-processing or problem-solving systems. This new "reflexive contingent codes" in post-modern society are de-centralized and autopoietic and think a great deal of ways of problem solving by the participation and learning of the persons concerned in opposition to the precedent penal sanction systems in which states appeal to and intervene into clients in the form of punishment and assistence.
  • 島 和博
    原稿種別: 本文
    1997 年 22 巻 p. 28-50
    発行日: 1997年
    公開日: 2017/03/30
    ジャーナル フリー
    Recently "Nojyuku-sya (homeless people in Japan) problem" has become one of major issues in Japanese metropolitan area. In January, 1996, we made a broad survey of citizen's attitude toward "Nojyuku-sya" in Osaka. According to the data gathered from this survey, most citizens of Osaka obtain any images of "Nojyuku-sya" in their everyday life, and definite opinion about "strategy" to meet this problem. Two "ideal types" of strategy were extracted from these data. One is "Control strategy", and the other is "Welfare Strategy". Control strategy is the way that mobilize police forces to remove "Nojyuku-sya" from neighboring area of citizens. On the contrary, welfare strategy is to support lives of "Nojyuku-sya" by means of various welfare programs. Which strategy do citizens prefer is largely determined by images of "Nojyuku-sya" they have. In this report, for the first, I attempt to estimate volumes of citizens prefer each strategy. Next, I attempt to make clear relationship between citizen's perception of "Nojyuku-sha" and the strategy that citizens choice to "solve" this problem. And, the aim of this report is to identify the marginal position of "Nojyuku-sya" in contemporary urban society and to clarify their difficult situations caused by citizen's prejudice against "Nojyuku-sha".
  • 救護・援護及び更生緊急保護
    野坂 明宏
    原稿種別: 本文
    1997 年 22 巻 p. 51-63
    発行日: 1997年
    公開日: 2017/03/30
    ジャーナル フリー
    This paper discusses the welfare aspect of the judicial system in Japan, especially material aids in probation, parole and aftercare. The aim of material aids in probation and parole is to help the offenders in acute financially difficulty or/and without place to live for the purpose of avoiding committing a crime again. The aim of aftercare is to help the offenders without Probation and Parole in the same situation as mentioned above. But aftercare is provided only for those who apply for it in person at the probation office. Both of them are community-based treatment, in particular, aid of meals, clothes, costs of medical care, travel fares, travel fare discount certificate, and referral to the halfway house, etc.. The author of this paper thinks that the judicial system in Japan has the function of welfare for offenders, and that "Justice = Sanction" is only one facet of the judicial system in Japan.
  • 宮城長五郎の場合
    森田 明
    原稿種別: 本文
    1997 年 22 巻 p. 64-86
    発行日: 1997年
    公開日: 2017/03/30
    ジャーナル フリー
    1) Taisho Juvenile Law was a product of a lengthy debate that extended from 1899 to the Law's final enactment in 1922. This debate was characterized by an intensive cross-cultural dialogue between the thinking underlying American juvenile law and ideas on the treatment of delinquent children that were informed by Japanese cultural history. In contrast to the American notion of the Parens Patriae doctrine, which distinguishes between criminal accountability and rehabilitation of juveniles dichotomously, Taisho Juvenile Law institutionalizes a different concept for dealing juveniles, one which apprehends accountability and rehabilitation not as antagonistic, but rather complementary elements. Taisho Juvenile Law, though-because of strong opposition in the Diet from supporters of the parens patriae philosophy-was only enforced in limited areas, Tokyo and Osaka. From the time of the Law's enacment, Miyagi Chogoro, the head of the Rehabilitation Section at the Ministry of Justice, passionately worked to have it put into practice. 2) My thesis seeks to clarify concretely the above-mentioned non-dichotomous thinking of Japanese Taisho Juvenile Law by exploring the features and structures of Miyagi's thought as expressed in his writings and the official records he drafted. I wish to note that Miyagi, through his philosophical confrontation with parens patriae thinking, created a new and comprehensive legal concept for juvenile law and attendant systems, which he called Shiho Hogo, "judiciary guardianship." My analysis of Miyagi's writings and records describes his brilliant effort to find how best to integrate, within a very Japanese context, his rehabilitative ideals with conflicting notion of criminal accountability.
  • 原稿種別: 付録等
    1997 年 22 巻 p. 87-
    発行日: 1997年
    公開日: 2017/03/30
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  • 松原 英世
    原稿種別: 本文
    1997 年 22 巻 p. 88-104
    発行日: 1997年
    公開日: 2017/03/30
    ジャーナル フリー
    In today's social environment, there is a movement toward strengthening regulatory enforcement for controlling corporate crime. In achieving that goal, perhaps one expects attention to be given to criminal sanctions. But, are criminal sanctions truly effective? If not, what is the cause? If criminal sanctions do work, what is the reason for their success? Thus, the author of this article has examined regulatory enforcement for controlling corporate crime, and has proposed that at least in general criminal sanctions do not work as an immediate deterrent to corporate crime. Moreover, the author's concern is what are effective methods for controlling corporate crime. Thus, this article examines theoretically regulatory enforcement strategies for controlling corporate crime. The author tries to analyze the shift of regulatory enforcement strategies for controlling corporate crime from "Re-active Regulation" to "Pro-active Regulation", that is, "Direct Government Regulation" to "Enforced Self-Regulation" and "Indirect Regulation".
  • 原稿種別: 付録等
    1997 年 22 巻 p. 105-
    発行日: 1997年
    公開日: 2017/03/30
    ジャーナル フリー
  • 大塲 玲子
    原稿種別: 本文
    1997 年 22 巻 p. 106-115
    発行日: 1997年
    公開日: 2017/03/30
    ジャーナル フリー
    This paper attempts to study the factors which prevent offenders from social rehabilitation, specifically focusing on parolees who were sentenced to life imprisonment or more than eight years' imprisonment whose case records can show fairly long process of parole supervision. In this context, the rehabilitation is defined that parolees continue to abide by laws in society. The factors which prevent them from rehabilitation are considered as follows. (1) They have problems in their relationship with family members, relatives and friends. (2) They have few resources, such as money and friends to enjoy spare time with. (3) They have difficulties getting suitable jobs. (4) They have hardships of making compensation for victims. As to get rid of these problems, it is considered Volunteer Probation Officers play an important role for parolees through parole supervision in the performance of family adjustment, giving advice on making good use of spare time, assistance of getting job, and making compensation for victims.
  • 小宮 信夫
    原稿種別: 本文
    1997 年 22 巻 p. 116-129
    発行日: 1997年
    公開日: 2017/03/30
    ジャーナル フリー
    England experienced mass immigration from Commonwealth countries in the post-Second World War period because of the shortage of labor in England. Although immigration control has become more strict since the Commonwealth Immigrants Act of 1962, the total ethnic minority population of England has been increasing because of natural growth (high fertility rate) and net immigration. At present, the ethnic minority population accounts for about 5.5 percent of England's total population. As far as the prison population is concerned, 17 percent of the male prison population and 24 percent of the female prison population as of June 30, 1995 were from ethnic minority communities. This data indicates that members of ethnic minority groups are over-represented in prisons relative to their proportion in the population as a whole. Under these circumstances, the Prison Service produced the Race Relations Manual in 1991, aimed at clarifying the Service's race relations policies. This provides a means by which establishments can monitor and improve their performance in implementing the race relations policies, explains the responsibilities of Prison Service staff in this respect, and produces the Race Relations Liaison Officer and the Race Relations Management Team. However, prisoners from ethnic minority backgrounds are still disadvantaged on the grounds of race. A study on race relations in prisons found that there were several cases where ethnic minority inmates were transferred between wings or to another prison in order to maintain good order and discipline despite the fact that both staff and inmates acknowledged that white inmates initiated the conflict. It is said that this kind of racial discrimination is mainly due to the fact that the Prison Service's race relations policies emphasizes the professional behavior expected of the staff without attempting to change underlying attitudes and feelings of the staff.
  • その時代背景と問題点
    木村 弘之
    原稿種別: 本文
    1997 年 22 巻 p. 130-142
    発行日: 1997年
    公開日: 2017/03/30
    ジャーナル フリー
    In America, from the middle of 1960's, rational choice theory attract a great deal of attention in criminal justice system. This article describes this theory through "back ground assumptions" which was proposed by Alvin Gouldner. Rational choice theory can go back to Cesare Beccaria and Jeremy Bentham in the late of eighteenth century. Their argument were based on a campaign for enlightenment which belive that criminals are free, rational, and hedonistic. After 100 years, Gary Becker revived the economic approach for criminal behavior. It improved their contributions as resurrection, modernization. And his thought was accepted to criminal justice system in a friendly way. This attention was caused by situation of economics and criminology surrounding criminal policies. Economics was looking for the field to apply to its knowledge. At the same time, after the an utter failure of criminal policy based on "Great Society", criminal justice system was looking for the inexpensive criminal policy. These two factor pushed the Becker's approach from economics and pulled it to criminology. This approach developed decision making process models. This development was reflection of the criminal justice systems in America, which practically did not work because of like "Syndrome" proposed by psychopathologist. Some problems can be pointed out through background assumptions of rational choice theory. There are the consistency and fluctuation of criminal justice system, the tendency to severe heavy punishment, and the relationship to relativity about criminals.
  • 指宿 信
    原稿種別: 本文
    1997 年 22 巻 p. 143-148
    発行日: 1997年
    公開日: 2017/03/30
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  • 川本 哲郎
    原稿種別: 本文
    1997 年 22 巻 p. 149-154
    発行日: 1997年
    公開日: 2017/03/30
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  • 松本 勝
    原稿種別: 本文
    1997 年 22 巻 p. 155-157
    発行日: 1997年
    公開日: 2017/03/30
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  • 加藤 久雄
    原稿種別: 本文
    1997 年 22 巻 p. 158-161
    発行日: 1997年
    公開日: 2017/03/30
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  • 佐々木 光明
    原稿種別: 本文
    1997 年 22 巻 p. 162-164
    発行日: 1997年
    公開日: 2017/03/30
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  • 原稿種別: 付録等
    1997 年 22 巻 p. 165-169
    発行日: 1997年
    公開日: 2017/03/30
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  • 原稿種別: 表紙
    1997 年 22 巻 p. Cover3-
    発行日: 1997年
    公開日: 2017/03/30
    ジャーナル フリー
  • 原稿種別: 表紙
    1997 年 22 巻 p. Cover4-
    発行日: 1997年
    公開日: 2017/03/30
    ジャーナル フリー
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