The Sociology of Law

On an action about the violation of the constitutional Principle of the separation of religion and state and a wife's "right" to bury her husband accordance with her religious codes

Nobuyoshi Harima

1975 Volume 1975 Issue 28 Pages 10-23,219
Published: October 10, 1975
Released on J-STAGE: January 15, 2009

DOIhttps://doi.org/10.11387/jsl1951.1975.10

JOURNAL FREE ACCESS

Show abstractHide abstract

The purpose of this paper is to examine an action which was brought in Yamaguchi Prefecture in 1973.
The plaintiff is a wife whose husband was a member of the Self-Defence Forces. He was killed in a traffic accident while on duty. The defendant is the Self-Defence Forces and Taiyukai, an organization allegedly made up only of the retired members of the Self-Defence Forces.
The plaintiff, who is a devout Christian, asserts that it was a violation of constitutional principle of separation of religion and state and the freedom of religion that the defendant, disregarding the plaintiff's will, performed her husband's funeral in accordance with Shintoist codes within the confine of Gokoku Shrine in Yamaguchi Prefecture.
The defendant asserts that it was Taiyukai that performed it, that the Self-Defence Forces only helped Taiyukai, and that, since Taiyukai is not a state, no constitutional violation has been committeed.
The present paper examines the following points:
First, Is the conduct of the Self-Defence Forces against the constitutional principle of separation of religion and state, or not?
Second, When a husband's funeral is to be performed, whose religion is to be followed and respected: his religion, his wife's, or a third party's? and how are the three interrelated
Finally, The real social background of these problems will be claried indiscussing the religious activities of those who are affiliated with Yamaguchi prefectural and municipal administration and Shintoism.

View full abstract

Download PDF (562K)
The State and Shinto Shrine in Japan

Issues and Data

Masaji Chiba

1975 Volume 1975 Issue 28 Pages 24-34,218
Published: October 10, 1975
Released on J-STAGE: January 15, 2009

DOIhttps://doi.org/10.11387/jsl1951.1975.24

JOURNAL FREE ACCESS

Show abstractHide abstract

Together with the nationalistic ideology of Shintoism, the shrines over the country had been legally and politically comprised in the system of National Shinto since the Meiji Restoration in 1868. With the principle of "the separation of the state and religion" adopted in the revised Constitution after World War II, the shrine should have been wholly deprived of legal significance. However, more or less relevance to the existing legal system is found concerning social function of shrines in contemporary Japan.
First, the caces where the above constitutional principle is actually or alledgedly violated have taken place too often and seriously to be neglected as exceptional.
Second, neither the legal formulation nor socio-cultural basis of the shrine system under the Meiji regime have received due attention for systematic research from scholars of social sciences. Still significant are histolical and sociological studies of such issues as hierarchical administrative system of the shrines, ujiko (the parishioners) system of each community shrine, system of the representative ujiko and shrine records, shrine merger policy for national integration, connection of shrines with local government, administration of the forests owned by shrines, and authorities in charge of shrine administration.
Finally, further studies of Japanese society will disclose the socio-cultural basis of the legal significance of the shrine as have appeared through the years before and after the War. Such studies may be chiefly focussed upon social structure of the village community and miyaza (shrine guilds in a community) as well as social organization of ujiko for shrine rituals and festivals.

View full abstract

Download PDF (497K)
Ownership on Land being Wrecked

Yoshiro Minobe

1975 Volume 1975 Issue 28 Pages 35-45
Published: October 10, 1975
Released on J-STAGE: January 15, 2009

DOIhttps://doi.org/10.11387/jsl1951.1975.35

JOURNAL FREE ACCESS

Download PDF (429K)
Some Problems of Fishery Right and Conflicts

Masaomi Takei

1975 Volume 1975 Issue 28 Pages 46-56,217
Published: October 10, 1975
Released on J-STAGE: January 15, 2009

DOIhttps://doi.org/10.11387/jsl1951.1975.46

JOURNAL FREE ACCESS

Show abstractHide abstract

1. Confricts concerning fishery can be divided into two groups; conflicts among fishermen themselves and those resulted from competition between fishery and manifacturing industry. The fomer has been caused maily bny defects of fishery systems. The main cause of the latter is that which manufacturing industry has developed to cover coast zones under favor of "high growth policy". In any case, in order to make reserches into them, it is indispensable to study the legal character of fishery right, especially commonfishery right. Moreover, it is important to study compensation for the losses of the injured fishermen.
2. After fishery system reformation in 1949, the legal character of common fishery rights has remained as before. Though a fisheries co-operative association became to be the subject of fishery rights by the reformation, each fisherman as a member of it have still owned right to do his fishing, that is, right to engage in fishing on the basis of right of a fisheries co-operative association. We should consider those rights to be a property right as a real right. A fisheries co-operative association fills the double roles; the subject of fishery rights on one hand and the subject to protect fishermen's interests on the other hand. In order to fill the first role, it is desirable that the scale of a fisheries co-operative association should be equal to that of a fishing village community. But, in order to fill the second role the scale must be expanded. Accordingly fishery co-operative associations have been consolidated in various districts. As a result, it is difficult for a fishery cooperative association to play the first part. Therefore problems of controling the scale have got more important.
3. So far compensation for the losses of the injured fishermen has been rendered to a fishery co-operative association because it is the subject of fishery rights. Never the less fishermen are the real subjects of fishery rights, and have rights to do their fishing. Therefore it is natural that compensation should be rendered to each fisherman.

View full abstract

Download PDF (479K)
On the trend and specific character of Japan Educational Policy after World War II

Ken-ichi Nagai

1975 Volume 1975 Issue 28 Pages 57-67,216
Published: October 10, 1975
Released on J-STAGE: January 15, 2009

DOIhttps://doi.org/10.11387/jsl1951.1975.57

JOURNAL FREE ACCESS

Show abstractHide abstract

The main purpose of this article is to prove that how far educational policy developed under Constitution (Art. 26) which provide to educational right for the first time.
Once, before being in existence of new Constitution, educational system of our nation had a specific character, that is, national education was controled by the government for political purpose and need. After World War II, so the Constitution created the right of education for the people that the legal institution was made for guarantee this right, dividing the educational power from general administrative power. Education for the people in its form get independence. But after Korean War, under the system of the Treaty of Mutual Cooperation and Security between Japan and the United State of America, the trend above mentioned turned back to control under political conditions in its substance. So, now a day, the system of national education meeting crisis because of compelled by governmental control to maintaining for political needs on Security Pact. The right of people for equal education is very fundermental and so, needless to say, should not be controled by any political needs.

View full abstract

Download PDF (464K)
The Actual State of the People's Right to Receive Education

Akio Igasaki

1975 Volume 1975 Issue 28 Pages 68-78,216
Published: October 10, 1975
Released on J-STAGE: January 15, 2009

DOIhttps://doi.org/10.11387/jsl1951.1975.68

JOURNAL FREE ACCESS

Show abstractHide abstract

In Japan now we see that the problem of the people's right to receive education has entered on a new phase. The Conservative party and its government are insisting on a right of the state to education in legal proceedings and in administrative measures in order to rationalize and strengthen their control over education. On the other hand, however, the broad mass of paretnts and teachers are asserting that it is not the state but the people that has the right to education, and trying to hold it as a powerful weapon to fulfil their educational demands. There is a sharp confrontation between these two standpoints, which are at work as two major factors giving a great impact on Japan's education today.
The actual state of the people's right to receive education has presented a lot of problems in education of the people. The fact that even at the stage of compulsory education, our children cannot get fully fundamental ability of the 3R's (reading, writing, and arithmetic) shows destruction of "ordinary education" which is guaranteed to all the people by the Constitution and the Fundamental Law of Education. At the same time, in the sphere of educational conditions, we can see various differences at every stage of education among regions and social strata against the constitutional right to equal educational opportunity. The public educational expenses are so small that parents' charges are sharply increasing under inflation and a high-price policy.
The effective implementation of the constitutional rights of the people to receive education, to equal educational opportunity, and to free compulsory education is indispensable to democratic development of the people's education in Japan.

View full abstract

Download PDF (399K)
Japanese Family Institution and Its Treatment in Senior

High School Textbooks (II)

Teruo Nagata

1975 Volume 1975 Issue 28 Pages 79-90
Published: October 10, 1975
Released on J-STAGE: January 15, 2009

DOIhttps://doi.org/10.11387/jsl1951.1975.79

JOURNAL FREE ACCESS

Download PDF (576K)
Common in Kii-Nagashima Miura

Kazukuni Shimizu

1975 Volume 1975 Issue 28 Pages 91-101
Published: October 10, 1975
Released on J-STAGE: January 15, 2009

DOIhttps://doi.org/10.11387/jsl1951.1975.91

JOURNAL FREE ACCESS

Download PDF (471K)
Method of Model Construction in the Sociology of Law

Naoki Komuro

1975 Volume 1975 Issue 28 Pages 102-109
Published: October 10, 1975
Released on J-STAGE: January 15, 2009

DOIhttps://doi.org/10.11387/jsl1951.1975.102

JOURNAL FREE ACCESS

Download PDF (349K)
Japanese-type Fashism before World War II and Jurisprudence, Jurists

Yasoji Kazahaya

1975 Volume 1975 Issue 28 Pages 110-137
Published: October 10, 1975
Released on J-STAGE: January 15, 2009

DOIhttps://doi.org/10.11387/jsl1951.1975.110

JOURNAL FREE ACCESS

Download PDF (1242K)
Reports on Symposium in the 52nd General Meeting of the Japanese Association of Socilogy of Law

1975 Volume 1975 Issue 28 Pages 138-174
Published: October 10, 1975
Released on J-STAGE: January 15, 2009

DOIhttps://doi.org/10.11387/jsl1951.1975.138

JOURNAL FREE ACCESS

Download PDF (3193K)
Education of the Sociology of Law in Japan

Masaji Chiba, [in Japanese]

1975 Volume 1975 Issue 28 Pages 175-183
Published: October 10, 1975
Released on J-STAGE: January 15, 2009

DOIhttps://doi.org/10.11387/jsl1951.1975.175

JOURNAL FREE ACCESS

Download PDF (360K)

Register with J-STAGE for free!