法社会学

子どもと法

児童の権利思想の発展と法の若干の問題

小川政亮

1980 年 1980 巻 32 号 p. 1-28,196
発行日: 1980/04/10
公開日: 2009/01/15

DOIhttps://doi.org/10.11387/jsl1951.1980.1

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The plight (situation) of children is so serious today that we must wrestle with this difficult problem with exerted effort and a determined will. 'The year of the child in the world' must be regarded, not as a mere festival, but as an occasion or event which offers opportunities to promote and then extend a steady movement in the interest of protecting the rights of children.
This essay is one of those efforts designed to investigate the many facets involved in the contemporary problems related to the rights of children in terms of ways to protect their basic human rights. I first deal with the development of thoughts concerning the human rights of children; then with some problems concerning the interrelatedness of children's rights and the law; and finally, with the rights of children and urban development.

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社会保障法と子どもの権利をめぐって

佐藤進

1980 年 1980 巻 32 号 p. 29-44,196
発行日: 1980/04/10
公開日: 2009/01/15

DOIhttps://doi.org/10.11387/jsl1951.1980.29

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The administrative policy in Japan is one which asserts that the rights of children will be protected if the rights of parents are strengthened. But in order to really protect the rights of children, we must first assign regard to the rights of people in toto, then look at children as individuals with rights, and examine their rights closely, And then, we should observe children in terms of their existence as social beings in connection with the problems of life.
In this essay, I investigate the 'rights of children' from the point of view of a legal social security system within the context of these areas.

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子どもの権利と教育法学

永井憲一

1980 年 1980 巻 32 号 p. 45-68,195
発行日: 1980/04/10
公開日: 2009/01/15

DOIhttps://doi.org/10.11387/jsl1951.1980.45

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Under the Constitution of Japan, children must be considered as being the main focus of basic human rights, and they should be accorded security because of the existence of these constitutional rights. But children in our country have hitherto been dealt with as 'objects to be protected', in the same way that women and old people are protected under separate administrative procedures. Since this is 'the year of the child in the world.' this social problem must be reconsidered.
In this essay, I seek to analyze the legal phenomena of education as related to the actual condition of the life of children, using the sociology of law as the basis of my methodology. I use this approach, because it is my intention to investigate, in concrete terms, how the rights of children can be secured.

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少年法から

少年補導を中心に

荒木伸怡

1980 年 1980 巻 32 号 p. 69-92,195
発行日: 1980/04/10
公開日: 2009/01/15

DOIhttps://doi.org/10.11387/jsl1951.1980.69

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Many pre-delinquents in Japan are handled by the police without being referred to the court.
The writer participated in an observation of the methods which the police use in handling these pre-delinquents at a youth center administered by the juvenile department of the Tokyo Metropolitan Police.
The police act in two ways (1) Quick and spontaneous advice is ginen by the special patrol squads at the place where the youth is found to have commited a wrong-doing, or at one of the sub-stations where he is brought without being coerced. Parents are often called in order to take the 'wrong-doer' home, (2) Counseling over a period in given by psychologists at the youth center for maladjusted youth or for worried parents who voluntarily appear. The former method in a kind of shock treatment for the wrong-doer and a way of letting the parents know about his wrong-doing. This way appears, however, to be ineffective, except in the case of an incipient wrong-doer and for parents who are ready to improve their home environment by themselves. As a consequence, stress has been increasingly placed on the latter method.

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子供の権利と税財政法

北野弘久

1980 年 1980 巻 32 号 p. 93-102
発行日: 1980/04/10
公開日: 2009/01/15

DOIhttps://doi.org/10.11387/jsl1951.1980.93

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少年非行と家庭裁判所の福祉実践

赤羽忠之

1980 年 1980 巻 32 号 p. 103-115,194
発行日: 1980/04/10
公開日: 2009/01/15

DOIhttps://doi.org/10.11387/jsl1951.1980.103

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Juvenile delinquency is one of the social problems which stem from the contradictions of a capitalistic society. The problem has two dimensions: a social problem throughout the process of rearing children, on the one hand, and a social policy related to social defense, on the other. To achieve healthy development of children in the present society, it is essential that we understand the problem from this comprehensive point of view.
In this thesis, I deal with the present problem of juvenile deinquency as a product of the age of a structural crisis of monopolistic capitalism in the 1960-1970 period. In the first place, I seek to demonstrate that delinquents are those who are deprived of their rights to learn, labour and develop. In the second place, I seek to demonstrate that the present judicial policy is interfering with fulfillment of these children's rights and will ultimately lose effectiveness in solving this social problem. And finally, I submit some proposals in relation to problem-solving by analyzing two functions of judicial social-work; namaly, the functions of educational and material support.

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日本における法の三元構造

千葉正士

1980 年 1980 巻 32 号 p. 116-134,193
発行日: 1980/04/10
公開日: 2009/01/15

DOIhttps://doi.org/10.11387/jsl1951.1980.116

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This is a report of main results related to research on law functioning in contemporary Japan in order to verify two working hypotheses, one of which was published under the title of "Three-Level Structure of Law in a World of Many Cultures" in Archiv für Rechts- und Sozialphilosophie, " Beiheft Nr. 11, 1979.
Japan is said to have successfully received western systems of state law after the Meiji Restoration in 1868 and after world war II. In reality, however, indigenous law is found widespread throughout the three levels of law in contemporary Japanese society, whether adopted as the official state law, or co-existing peacefully with, or in conflict, with the state law to be categorized as unofficial law, or else supporting the values of the unofficial laws to be called legal postulates.
The conclusion is that there is a dynamic interaction between indigenous law and received law on all levels and that the working hypotheses of the three-level structure f law and co-existence of indigenous law and received law are basically verified, although furthur conceptual elaboration is required in the formulation of both hypotheses.

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兼業農村の扶養•相続意識

兵庫県今田町下立杭地区の場合

及川伸, 丸田隆

1980 年 1980 巻 32 号 p. 135-152,192
発行日: 1980/04/10
公開日: 2009/01/15

DOIhttps://doi.org/10.11387/jsl1951.1980.135

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This report is based on a field study of Shimotachikui Village, Konda, Hyogo Prefecture. We have assigned consideration to the consciousness about law, especially as it relates to maintenance and inheritance in the agrarian society, upon which construction of a rapid transit high way seems to have social and economic influences. And, as a fundamental point of view, we have <national policy and law>.
One of the results of this investigation, justifies the conclusion that a consciousness of the law about equal division of inherited property is still not fixed in the minds of the farmers of this village. And it is noteworthy that, although the traditional family system ("Ie Seido" in Japanese) was legally abolished after the Second World War, primogeniture is still deeply rooted in the conscious life of the people as it relates to maintenance and inheritance.

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イスラム家族法の近代化

湯浅道男

1980 年 1980 巻 32 号 p. 153-172,192
発行日: 1980/04/10
公開日: 2009/01/15

DOIhttps://doi.org/10.11387/jsl1951.1980.153

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The purpose of this essay is to investigate the process related to the modernization of Islamic law. The essay addresses itself mainly to the statutes dealing with the family, an area of law that is regarded by the Islamic states as being the most modern.
The principal areas are the systems related to polygamy and divorce. I have selected these areas, not because they are urgent problems in the interest of modernizing Islamic law, but because traditional Islamic law has had the greatest influence upon the 'family', which is the core of the moslem communities.

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ギールケの夫婦財産制論をめぐって

木村くに子

1980 年 1980 巻 32 号 p. 173-183
発行日: 1980/04/10
公開日: 2009/01/15

DOIhttps://doi.org/10.11387/jsl1951.1980.173

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日本法社会学会一九七九年度学術大会報告要旨

1980 年 1980 巻 32 号 p. 184-191
発行日: 1980/04/10
公開日: 2009/01/15

DOIhttps://doi.org/10.11387/jsl1951.1980.184

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