The Sociology of Law

Introduction Socio-Legal Reflection to the Emperor System of Japan

Takasuke Kobayashi

1978 Volume 1978 Issue 30 Pages 1-5,225
Published: March 30, 1978
Released on J-STAGE: January 15, 2009

DOIhttps://doi.org/10.11387/jsl1951.1978.1

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The constitutional system of Japan is democracy (the sovereignty of people). But there is Emperor (Tenno) as well as the Meiji-constitution (the sovereignty of monarch).
Then three problems issue as follow:
1) Why does Tenno exist, in spite of Japanese democracy?
This is the problem on the ground of Tenno-system after the second war. The continuity of Tnno-ststem was a compromise between the avoid of the post-war confusion and the promotion to democratization of Japan. It is a paradox in the theory, but the problem in the practice is not democracy or monarchy rather democracy or anti-democracy.
2) What kind of the influence does the existence of Tenno have on Japan, politically and socially?
This discussion is to cover the problem of the function of "symbol" provided by the constitution.
The symbol brings nothing into being. It is a socio-psychological function of the symbol. If the democracy as a being will be realised, raison d'étre of the symbol will be losted.
3) How being the relation between the Tenno-system and Human rights? Under Meiji-constitution the human rights repress by Tenno-Authority. Nowadays, the guaranty of human rights are still disturbed by traditional and potential influence of Tenno-system.

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Studies of the Monarchy in Britain

from the view point of the Sociology of Law

Yoshiaki Yoshida

1978 Volume 1978 Issue 30 Pages 6-21,224
Published: March 30, 1978
Released on J-STAGE: January 15, 2009

DOIhttps://doi.org/10.11387/jsl1951.1978.6

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This treatise is written with a view to analysing present constitutional powers of the British Monarchy and the practice in control of the Queen in Parliament and the People.
The main content is as follows:
Introduction
I. The position of the constitutional Monarchy.
II. Political powers and social powers of the Monarchy.
(i) Political (social) powers of the Monarchy in the U. K.
(ii) Functions which the Queen performs in the Commonwealth.
III. The practice in control of the Queen in Parliament and the People.
(i) On the practice in control of the Queen in Parliament.
(ii) On the practice in control of the Queen by the People.
Conclusion

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The Realities of Social Monarchy System

Yasusaburo Hoshino

1978 Volume 1978 Issue 30 Pages 22-43,224
Published: March 30, 1978
Released on J-STAGE: January 15, 2009

DOIhttps://doi.org/10.11387/jsl1951.1978.22

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This article study the realities of the social monarchy system (the emperor system as symbol) from a standpoint of "By what policy does its system sustain in Japan."
In researching this problem, I form a way to analyze the stands of emperor's interview by newsmen, imperial presence and imperial household diplomacy, comparing with the stands in the emperor system under the constitution granted by the sovereign (Meiji Constitution).

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The Emperor and Mass Media

Hideo Shimizu

1978 Volume 1978 Issue 30 Pages 44-60,223
Published: March 30, 1978
Released on J-STAGE: January 15, 2009

DOIhttps://doi.org/10.11387/jsl1951.1978.44

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Before the war, that is, under the old Constitution, communications concerning the Emperor (and the Imperial Household) were completely controlled. This meant 1) that the Emperor was not judged a proper subject for treatment by the media and 2) that all information about the Emperor was considered state property to be released at government direction. Moreover, the degree of control was strengthened by the parallel establishment of the Imperial system (Tennoism). The legal codes regultating media activities were the Penal Code's Lese Majesty Law and the Press Law. These were repealed after the War. Under the new Constitution, freedom of speech and of the press was guaranteed, but communications concerning the Emperor in newspapers, broadcasting-in the mass media in general-are extremely one-sided. The views of anti-Imperialist factions and criticisms of the Emperor personally realy appear. By his treatment in the media, the Emperor in once again being shrouded in a veil of mystery and the establishment of a new control system-the "Emperor for the Masees"-is proceeding apace.

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Wives' property rights in family law in Japan after the second World War

Sadashi Yamawaki

1978 Volume 1978 Issue 30 Pages 61-69,223
Published: March 30, 1978
Released on J-STAGE: January 15, 2009

DOIhttps://doi.org/10.11387/jsl1951.1978.61

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In Japan, equality between wives' and husbands' property rights in family law was established after the second World War. But actually wives have done housework as the sexual role without a economical reward, and also have been discriminated in the wage of social labours. This fact has had a great influence upon judical precedents concerning the division of property in divorce and succession. That is, a lot of judical precedents have shown that properties accumulated in marriage are liquidated mainly on the basis of social labours, and supplementarily on the basis of house work. As a result, judical precedents go against the principle of equal right of wives and hnsbands to the properties resulted from the accumulation of expenses of management.
To guarantee wives' property rights in family law substantially, we must make efforts to establish that principle and wrestle with the three following problems concerning house work.
(1) socialization of house work
(2) guarantee of allowance for nursing of infants and old men ill in bed
(3) cooperation to house work of family members

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Problems of an Agedman and the Guarantee of him in Modern

Hiroko Hashimoto

1978 Volume 1978 Issue 30 Pages 70-85
Published: March 30, 1978
Released on J-STAGE: January 15, 2009

DOIhttps://doi.org/10.11387/jsl1951.1978.70

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Consumer's Damage and it's Remedy

Socio-Legal Approach

Zentaro Kitagawa

1978 Volume 1978 Issue 30 Pages 86-114
Published: March 30, 1978
Released on J-STAGE: January 15, 2009

DOIhttps://doi.org/10.11387/jsl1951.1978.86

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The Sociology of Law of Philip Selznick

Takashi Maruta

1978 Volume 1978 Issue 30 Pages 115-126,222
Published: March 30, 1978
Released on J-STAGE: January 15, 2009

DOIhttps://doi.org/10.11387/jsl1951.1978.115

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The sociology of law in America is now being studied by the sociologists rather than the jurists. This trend began in the 1950s. At that time a large scale research program about law and its function in society was begnn. In the 1960s, a lot of empirical publications were produced by the interdisciplinary research method, and non-legal scholars, especially sociologists and political scientists, played an important part in that research. This research method has expanded from the major law schools to almost all law schools in the United States.
Even though the importance of the study of the legal sociology is more and more recognized by the sociologists who were interested in studying law, the works resulting from their studies are scattered and display a great methodological confusion. Therefore they attempt to open the proper field of the sociological approrch to law and establish one basic method.
Philip Selznick is one of the above-mentioned sociologists. He insists that the sociological approach tried up to this time "offers no touch stone for the distinctively legal", and one should try to find the distinctively legal in the private groups. Based on the concepts of Lon L. Fuller's the internal morality of law and H.L.A. Hart's rules of recognition, his studies show the substantive means of the rule of law in the modern legal order. In particular, he researches its development and its functioning in the private government. This essay attempts to introduce his concept of law and methodology of the sociology of law.

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Problems of the Study on Lawyer

Zensuke Ishimura

1978 Volume 1978 Issue 30 Pages 127-136
Published: March 30, 1978
Released on J-STAGE: January 15, 2009

DOIhttps://doi.org/10.11387/jsl1951.1978.127

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Lawyer, Lawyer's Association and People

Koichi Kagawa

1978 Volume 1978 Issue 30 Pages 137-142
Published: March 30, 1978
Released on J-STAGE: January 15, 2009

DOIhttps://doi.org/10.11387/jsl1951.1978.137

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On Idea of the Legal Aid

Yuriko Kaminaga

1978 Volume 1978 Issue 30 Pages 143-152
Published: March 30, 1978
Released on J-STAGE: January 15, 2009

DOIhttps://doi.org/10.11387/jsl1951.1978.143

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S. Kuroki (ed.) "Lecture of Modern Sociology of Law" T. Hoshino's "A General Statement of the Sociology of Law" Z. Ishimura & K. Rokumoto (eds.) "Teaching Material of the Sociology of Law"

S. Oikawa

1978 Volume 1978 Issue 30 Pages 153-158
Published: March 30, 1978
Released on J-STAGE: January 15, 2009

DOIhttps://doi.org/10.11387/jsl1951.1978.153

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T. Kamiya's "Hist-Legal Study on Family and Village"

E. Yamanaka

1978 Volume 1978 Issue 30 Pages 159-165
Published: March 30, 1978
Released on J-STAGE: January 15, 2009

DOIhttps://doi.org/10.11387/jsl1951.1978.159

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[title in Japanese]

1978 Volume 1978 Issue 30 Pages 166-171
Published: March 30, 1978
Released on J-STAGE: January 15, 2009

DOIhttps://doi.org/10.11387/jsl1951.1978.166

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