法社会学
Online ISSN : 2424-1423
Print ISSN : 0437-6161
ISSN-L : 0437-6161
1984 巻, 36 号
選択された号の論文の21件中1~21を表示しています
  • 矢崎 光圀
    1984 年 1984 巻 36 号 p. 2-13,279
    発行日: 1984/03/30
    公開日: 2009/01/15
    ジャーナル フリー
    What do we image of "legal consciousness"?
    First of all, it means that man brings law into clear consciousness and then that law lies in the stream of consciouness. The former concerns with an active orientation (according to Ed. Husserl noesis), the latter concerns with the oriented, stationary (noema).
    Consciousness in both aspects is accustomed to be treated and mentioned to as located in the internal sphere of human being. Certainly, recent developments in social or political psychology, cultural anthropology, and so on, show possibilities for us to do research these phenomena in terms of science, but not in terms of metaphysics.
    But it does not deny, I think, that there still now remain several problems concerned with how an external observer can grasp, understand, and clarify that internal aspects of legal consciousness. To resolve only a part of such huge problems, I tentatively in this paper picked up a few topics of legal consciosness in connection with individuals and social groups as taking position in a wider range of time and space.
  • 棚瀬 孝雄
    1984 年 1984 巻 36 号 p. 14-23,279
    発行日: 1984/03/30
    公開日: 2009/01/15
    ジャーナル フリー
    For many years Japanese legal scholars have been interested in the topic of legal consciosness. Underlying this widespread interest is an undeniable fact that Japanese legal behavior is very unique in comparison with the rest of the world. However to explain this uniqueness is not an easy task. So far the most persuasive model to do so has been what I cal a time-lag model. It assumes that legal consciousness of a particular society is basically a function of its socio-economic structure, but that at the particular historical moment this correspondence may not prevail due to the consciousness lagging behind the rapid social change. The Japanese legal consciosness at present is said to be in this transitional stage, and therefore will yield to the new, so-called modern legal consciousness. Unfortunately this prediction fails. Japanese consciousness has been much more persistent than this model predicted it to be. The "traditional" legal consciousness still predominates even at this stage of economic development. Partly out of this failure many critical studies have appeared to offer alternative explanations. The underlying model which inhere in these studies is the one to put less emphasis on unique legal consciousness to focus more on situational factors as independent variables explaining Japanese legal behavior. Although the hypotheses presented in these studies, if considered individually, have been persuasive and contributed to our understanding of the Japanese legal behavior, they fail mostly in answering the very question why the Japanese behavior is unique. For the situational factors are not the ultimate independent variables and seem themselves to be uniquely reproduced to fit to the Japanese consciousness. Therefore we need to have a new theoretical model which grasps the society in its totality and uncovers the hidden cultural assumptions shaping the society as it is. With this wholistic perspective in mind we are able to offer plausible explanation to the legal behavior of the people in that particular society.
  • 自由民権運動期における民事訴訟件数をめぐって
    熊谷 開作
    1984 年 1984 巻 36 号 p. 24-36,278
    発行日: 1984/03/30
    公開日: 2009/01/15
    ジャーナル フリー
    Some scholars insist that the Japanese people do not like to have recourse to litigation as a means of dispute resolution. They also point out that such lawconsciousness was formed in the Edo era and was not easily changed after that. But I think that their arguments are not correct and insist that law-consciousness of Japanese people was changed by experiences of litigation very often from the Meiji Restoration. I examined fluctuation of numbers of litigation in the period of the movement for democratic rights (Jiyu Minken Undo started in 1879) as an example of them. According to the cases of two Disrict Courts of Kochi and Sakata (Yamagata pref.), the people of both districts were seized with social and economical damages which rose in the process of litigation. And after that the people did not intend to have recourse to litigation. Such tendency was recognized in whole Japan.
  • 渡辺 洋三
    1984 年 1984 巻 36 号 p. 37-46,277
    発行日: 1984/03/30
    公開日: 2009/01/15
    ジャーナル フリー
    (1) Part I of this report refers to the term "law-consciousness".
    (2) Part II deals with the "authority-consciousness of the Japanese" in connection with the "law-consciousness of the Japanese".
    (3) Part III gives author's opinion on the relation between the "law-consciousness" and the "rights-consciousness" in Japan.
    (4) Part IV points out the fundamental problem in the future study of lawconsciousness.
  • 討論
    千葉 正士, 所 一彦, 棚瀬 孝雄, 渡辺 洋三, 長 穣, 平松 紘, 及川 伸, 山田 卓生, 水林 彪, 広中 俊雄, 六本 佳平, ...
    1984 年 1984 巻 36 号 p. 47-72
    発行日: 1984/03/30
    公開日: 2009/01/15
    ジャーナル フリー
  • ハリス ドナルド, 飯山 昌弘, 大津 亨
    1984 年 1984 巻 36 号 p. 73-89
    発行日: 1984/03/30
    公開日: 2009/01/15
    ジャーナル フリー
  • 豊川 正明
    1984 年 1984 巻 36 号 p. 90-98,277
    発行日: 1984/03/30
    公開日: 2009/01/15
    ジャーナル フリー
    It is said that the law-consciousness of the Japanese, when compared with that of the Europeans or Americans, is behind the times. This can be seen in the attitude the Japanese have toward the police. However, a case for the awakening of the Japanese law-consciousness can be made.
    A Japanese person's thoughts and actions are strongly influenced by his own personal life environment and his neighborhood, therefore his law-consciousness is rights consciousness which is closely related to his own life. It is this consciousness which causes the Japanese to react immediately to criminal damage and wish the offender to be brought to justice. However, at the same time, this consciousness also causes the Japanese to react sensitively towards those people who are accidentally victims of the criminal procedures, people who are really innocent.
    It is here, in this victim consciousness that we can see the budding of human rights consciousness.
    Therefore, if the steady judgement of the Japanese people, which is based on their own lives, is used correctly in criminal trials in Japan, it will be of much benefit to the human rights of all of the Japanese people.
  • 斉藤 豊治
    1984 年 1984 巻 36 号 p. 99-110,276
    発行日: 1984/03/30
    公開日: 2009/01/15
    ジャーナル フリー
    I Introduction
    II Transition of attitudes and policies toward "Security Measures"
    (1) 1961-1968
    (2) 1969-1979
    (3) 1980's
    (4) Images of the mentally disordered as a basic factor for the transition.
    III Conflicts between values of "Security Measures" and fluctuation of attitudes toward serious cases
    IV Generalizations for law-colsciousness study
  • 優生保護法による堕胎合法化の再検討
    石井 美智子
    1984 年 1984 巻 36 号 p. 111-120,275
    発行日: 1984/03/30
    公開日: 2009/01/15
    ジャーナル フリー
  • 米国における離婚の際の親権者指定に関する法原則の変遷をめぐって
    金城 清子
    1984 年 1984 巻 36 号 p. 121-126,275
    発行日: 1984/03/30
    公開日: 2009/01/15
    ジャーナル フリー
    As with most areas of American jurisprudence, child custody law evolved from English common law tradition. The father had an absolute right to the custody during marriage and after divorce. The father was entitled to custody as a matter of right.
    With society's heightening perception that the man provide for the family and that woman take care of the household and the child, the woman was increasingly perceived as the natural parent with all the rights and privileges inherent in the relationship. On divorce, that conception made it easy for courts to say simply that the father must continue to support the family while the mother should continue her role of raising the child.
    Modern thought is coming to reject the original premises behind the doctrine. Females are no longer thought of as exclusively having the skill or instinct to "mother" a child. An innovative doctrine upon divorce is joint custody. Courts grant legal custody with both parents simultaneusly while physical custody would alternate according to the agreement between the parents.
    The sex roles have had profound influences on the law.
  • 浦本 寛雄
    1984 年 1984 巻 36 号 p. 127-130,274
    発行日: 1984/03/30
    公開日: 2009/01/15
    ジャーナル フリー
    From the latter half of 1960s to 1970s, European and American countries amended their divorce-law and made it positive respectively, whereas Japan, undergoing the powerful influence of the earlier divorce-law of Europe and America, still holds up the negative theory and judicial precedents of divorce-law.
    Now, Japan, originally being not under the great influence of the thought of matrimony derived from Christianity, is considered to have developed her own thought of divorce-law. Therefore, the process of the development of the thought of divorce-law in Japan is well worthy of retracement and reexamination.
    In the present article we clearly point out that there have happened opportunities to make divorce-law positive in the current of the thought of it since Nobushige Hozumi, and, moreover, put forward the theoretical reconstruction of divorce-law.
  • 和田 安弘
    1984 年 1984 巻 36 号 p. 131-135,274
    発行日: 1984/03/30
    公開日: 2009/01/15
    ジャーナル フリー
    This article conveys a general idea of what the author reported in the annual convention of Japan Sociology-of-Law Association, 1983, Tokyo. It starts with a brief historical overview of Neighborhood Justice Centers in the United States, a new mechanism of minor dispute processing, and describes some important points relevant to this issue. Among other things, it focuses on the arguments presented by proponents as well as critics of the Justice Centers movement, with the intention of applying their implications to the understanding of the problems we do and will have in extra-judicial mechanisms in Japan.
  • 篠原 敏雄
    1984 年 1984 巻 36 号 p. 136-139,273
    発行日: 1984/03/30
    公開日: 2009/01/15
    ジャーナル フリー
    Die burgerliche Gesellschaft ist Realgrund des Rechts der burgerlichen Gesellschaft, und das Recht der burgerlichen Gesellschaft ist Erkentnisgrund der burgerlichen Gesellschaft. Dieses Referat beabsichtigt, die Struktur des Rechts der burgerlichen Gesellschaft im Verhaltnis zu Staat, burgerlicher Gesellschaft, und Geschichte zu sehen. Dabei versucht dieses Referat, das Recht der kapitalistisch-burgerlichen Gesellschaft in Drei-Schichten aufzufassen.
    Inhalt
    1. Vorrede
    2. Uber die burgerliche Gesellschaft und den Staat
    3. Die Bestehungsstrukter des Rechts in dem Kapitalismus (=der kapitalistischburgerlichen Gesellschaft)
    (A) Von dem existenzbedingten Aspekt
    (B) Von dem wertidealen Aspekt
    4. Schluss
  • Manfred Rehbinder の所説を中心として
    桜井 進
    1984 年 1984 巻 36 号 p. 140-144,273
    発行日: 1984/03/30
    公開日: 2009/01/15
    ジャーナル フリー
    Legal sociologists in our country have heatedly discussed the problem how, the sociology of law should be in Japan after the end of the war. In this sense, in my opinion, the history of development of sociology of law in Japan has been the history of controversy in which reason for being of sociology of law has been discussed.
    With sociology of law in Japan at present in my mind, in this report, I'm going to present a key to establishment of the methodology of sociology of law Japanes legal sociologists have been groping blindly in the dark.
    So I pay attention to contemporary sociology of law in West Germany, particularly in the 1970's, Japanese legal sociologists have hardly been concerned with. And then I wish to introduce and examine critically Manfred Rehbinder's theory and method of sociology of law. He is now one of the most important legal sociologists in West Germany and a professor of University at Zürich in Switzerland. He has laid a foundation of development and rise of sociology of law in West Germany together with Professor E. E. Hirsch, his teacher, and went deep into the study of Eugen Ehrlich's sociology of law for the first time in West Germany after the war and he is continuing his study.
    In this way I try to make an approach to above-mentioned problem. This report is divided into the following chapters:
    I. Introduction
    II. The aspect of reestablishment and the present situation of sociology of law in West Germany until the 1970's
    -a rough sketch-
    III. Manfred Rehbinder's sociology of law
    IV. Roland Giltler's criticism on the methodology of Manfred Rehbinder
    V. Some comments and conclusion
  • 北欧リアリズムの法理論をもとに
    出水 忠勝
    1984 年 1984 巻 36 号 p. 145-148,272
    発行日: 1984/03/30
    公開日: 2009/01/15
    ジャーナル フリー
    In this report, the writer intends to make clear the basic views of Scandinavian legal realism. The legal theories of Scandinavian realiists are regarded as radical and keen. Surely, they criticise almost every traditional legal theories. In this report, the writer, at first, arranged their critical views properly, and then, tried to search and re-examine their basic views.
    The writer is seeking for the possibilities of applying their theories to the analysis of modern legal phenomena. But this report is, for the time, aiming at the well understanding of their basic views.
  • スリランカ調査中間報告
    千葉 正士
    1984 年 1984 巻 36 号 p. 149-181,271
    発行日: 1984/03/30
    公開日: 2009/01/15
    ジャーナル フリー
    Reported is an interim result of the field research conducted on the indigenous law of Sri Lanka mainly in the Summer season of 1982 by the grants from the Japanese government.
    The original purpose of the research is to formulate a theoretical scheme to identify indigenous law in Asian countries functioning in interaction with received law: officially adopted into state law in traditional practices or reformulated rules, or disregarded by state law but with positive or negative influences upon the latter, among others, undermining effects. Sri Lanka was chosen as a first field to be intensively surveyed. The reason was that it is one of the best examples which received many foreign laws and reacted to them with their indigenous laws and that successful research was expected by reason of the relatively small size of the country, availability of English language, and readiness of people for cooperation to this project.
    The report are presetented by Masaji Chiba on an introductory argument, Ryuji Okudaira on the influence of Indian culture in comparison with Burma, Takao Yamada on the ways of assimilation of Danish law and English law, Nobuyuki Yasuda on the transformation of English law particularly related to economic policies, Teruji Suzuki on the socialistic legistlation particularly under the Bandaranayake regime, Michio Yuasa on family and marriage law in general and Islamic law in particular, Hisashi Nakamura on the traditional practices of agricultural irrigation by the use of characteristic tanks, and Jinichi Okuyama on the investigation of the records of conflict management by a village head.
    The final report is to be presented after supplementing further data and theoretical elaboration with four other members added from anthropology: Motoyoshi Omori, Fumi Nakamura, Yoshiko Taniguchi and Yoshio Sugimoto.
  • 稲子 恒夫, 鮎京 正訓
    1984 年 1984 巻 36 号 p. 182-187,270
    発行日: 1984/03/30
    公開日: 2009/01/15
    ジャーナル フリー
  • 及川 伸
    1984 年 1984 巻 36 号 p. 188-192
    発行日: 1984/03/30
    公開日: 2009/01/15
    ジャーナル フリー
  • 永井 憲一
    1984 年 1984 巻 36 号 p. 193-200
    発行日: 1984/03/30
    公開日: 2009/01/15
    ジャーナル フリー
  • 家族法研究懇談会
    1984 年 1984 巻 36 号 p. 201-207
    発行日: 1984/03/30
    公開日: 2009/01/15
    ジャーナル フリー
  • 1984 年 1984 巻 36 号 p. 208-221
    発行日: 1984/03/30
    公開日: 2009/01/15
    ジャーナル フリー
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