The purpose of this symposium is to analyze the transformation of today's Japanese society and to set up new sociology of law which should be formulated through discussions among the scholars of this association. This symposium is happen to be held at the memorial occasion for celebrating the 50th anniversary of our Association, and our joint research works for analyzing the actual contents of these transformation of the current Japanese society should be well organized to review the past development of the Association. And in order to understand the transformation of the structure of Japanese society and to describe comprehensive picture of it, our analysis perhaps should begin not with the law but with everyday life. Because law is not simply the reflection of social relations but is actually a complex of agencies and actors and the pluralities itself must be the field of analyses. In terms of modernization of the post-war Japan, westernization of the law itself could be understood as the reflection of the modernization of our country, westernization of the law is, therefore, simly the symbol of the unitary development of our society toward modernization which reflects the particular way of the development of western countries. There is well-known passage formulated in a single line development in which post-war Japanese various legal schools especially legal sociologists drew a parallel between the social development and the westernization of Japanese society. And the notion of civil society in which polity and economy are distinct is often referred by them. But civil society as above does not exist in Japan and the state is still main actor in the theatre of the transformation. The nature of modern law can be seen most clearly when contrasted with the process of social ordering in traditional Japanese society. One unitary and superior social entity was believed to replace the pre-modern village or tribe in social control. These Weberian concept of modern law thinking often argues that the rest of the world would repeat the western experience of simultaneous legal and socioeconomic development. The question is how to allow development to happen without falling into the trap of a mere laissez faire liberalism. Law's function is to discover through dialogue of the potentialities of law as a resource to deal with shared grievances.
It is by now commonplace to note that the decentralization and privatization are worldwide movements. The allocations and reallocations of organizational authority are conscious activities. However, distrust of power re-emerges in variety of particular contexts the problems tied up with the exercise of power. In this context, the solution of law is now even more not so simple. Viewed from the perspective of a sociology of law, increasing state intervention in both welfare and economic affairs, and the consequent erosion of the liberal separation between state and civil society, gradually undermine the relative generality and the autonomy that distinguish the legal order, and what is follow this is to make it impossible to maintain an objective and justified solution. The solution of law, which seemed to contain the problem of the unjustified exercise of the power, is no longer now even seen as doing so. Where we do go from here and what are the possibilities of any alternative conception? That idea that the choices can be made objective by people participating in and controlling decisions about them, that is to say the idea of shared value must play a part. This idea or the notion of social solidarity seems to provide the setting in which we might see the possibilities of ways forward. We believe that our three years' project has not been anticipate utopia but let us begin. In the long terms these problems can only be solved by letting more and more people have power.

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The themes of this paper are;-
(1) To examine the individualistic characteristics of modern European societies and try to foresee to amend their radical deviations to the more profound humanistic community based on the principles of "Justice and fraternity".
(2) To present a new analytical framework which is constituted by three-fold-legalistic, moralistic, and customary-social rules.

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In the Welfare State established in the Western Europe after World War II, one of the fundamental principle is that welfare services must be provided for citizen not as charity but as rights. And it is thought that the development of the Welfare State promote the sense of solidality.
After late-1970' under the crisis of the Welfare State, this principle has been criticized by many theorists. And it seems to occur that through these attacks, the essence of social security system change to more selective one. Under these circumstances, it appears to be requested to analyze rights and the idea of solidality in the Welfare State from siciological perspective.
In this thesis, to analyze social rights in today's Welfare State we use the concept of distributive rights that U. K. Preuss proposes. So we make it clear that functions and problems of social rights in the Welfare State. Then we view the reconstruction of rights from procedural rights and participate rights. And we review the idea of solidality in the future of the Welfare State.

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The modern society brought about various kinds of understanding of states, markets and communities, and it can roughly be said that the general opinion derived from them was that the social order establisheed based on each individual person's decision making was reegarded as a good order, as can be seen in the economics of Neo-Classical school. However, even in the field of economics, this oppinion has also been criticized throughout this century. Of the critics, F.A. von Hayek was the one who presented the most influential opinion. Owing to his contribution, the characteristic features of the market economy, which can be grasped in terms of the dispersion of information and the network for business transactions, were clarified through a comparison of them with those of the planned economy. However, in this century, particularly in the latter half of it, some changes, which had not been discussed even by Hayek, happened between the market and other fields (hereinafter temppporarily referred to as "commmunities"). A significant change was that the factors such as desires and technology, which had been assumed to remain unchanged for a long time, have rapidly come to be developed to meet the demands of the market. As a result, it seems that the social order is rappidly beecoming unstable. It will be reasonable to say in particular that Japanese enterprises made it possible to attain a sucessful growth by adapting themselves to such economic and social changees. However, as their growth was beyond the control capability of the state, they have caused a lot of serious problems recently. For example, there was the problem in Japan that the patients of blood transfusion got AIDS because of the medicine which was maid from blood taken from AIDS victims and this drug-induced AIDS problem revealed a defect in the bureaucracy. However, it seems that the cause of the problem is not limited to this. A rapid tempo of the development of new drugs, in the process of which the newly desired technology is hoped to be discovered, also seems to be the very cause of the problem. What measures the state (the government and the bureaucracy) should take to cope with it has not yet been made clear. In this paper, the concept of "publicness", as a clue, will be reconsidered in terms of "solidarity" between the bureaucracy and the non-bureaucracy.

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The purpose of this paper is to consider the mutual relathion between the right to live and the solidarity in the public assistance law.
Main issues indicated in this paper are as shown under;
(1) The theory of the solidarity was introduced in the early 1920's and the Poor Relief Law enacted in 1929 was based on this theory.
(2) After the war, the Article 25 of the Constitution provided the right to live and the Daily Life Security Law enacted in 1950 was based on the right maintaining decent living. This meant the changeover form the solidarity to the right to live in the public assistance law.
(3) Recently, the theory of the solidarity was emphasised in the social security law and this means the changeover form the right to live to the solidarity. But, the solidarity (the network of the self-help group and volunteers) is very important to realize the right of public assistance.

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This paper aims to rethink the new directions of socio-legal studies, reformulating the conceptions of law, rights and community in our ever-changing post-modern society, inspired by stimulating insights shown in other papers in the symposium. In our rapidly transforming society where stable structure is hard to be found, it is necessary to articulate the processesf in which meanings of law, rights and community are continuously negotiated and transformed in a particular event. Through this approach, we can obtain insights to form a new conceptions of law and legal system which help people manage to create their versions of rights and community for themselves without depression by Knowledge/Power of modern legal discourse.

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1 Theoretische Überlegungen über Rechtsparadigmen in Rechtssoziologie. Von formalen Recht über materielles Recht, und wohin?
2 Kontrolllose Selbstentwicklung der Marktwirtschaft in Japan und ihre Folgeprobleme.
3 Recht und Solidarität im Dilemma.
4 Fraternité in Assoziation jenseits von Freiheit in Markt und Solidarität in Wohlfahrtsstaat. Seine Implikationen für die rechtsparadigmatischen Überlegungen.

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There is a great difference between Japanse political system and that of American.

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The essay deals with a critical examination about the housing reconstruction process of the distressed city heavily damaged by the Great Hanshin-Awaji earthquake. My discussion concentrates on the crisis of urbanity.

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I. Discrimination in the Social Context.
II. An Overview and Critical Analysis of Discrimination Law in Japan.
III. Discriminatory Laws in the U.S. and Europe: A Comparative Analysis.
IV. Relevant Lessons from the U.S. and European Laws.

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This paper deals with the principle of restrictions on the land ownership. The issue of land use by the U.S. military base in Okinawa has pressed us to clarify the principle of restrictions on the land ownership in Japan. The essential characteristic of the land ownership is that, although it fundamentally supports the capitalistic system, it is secured by the system itself. We claim, from this point of view, that the rule of restrictions on the land ownership must be based on the democratic procedures because the existing system of Japan is democracy. The procedures must be completed at three levels: the state, the district and the landowners. But in case of Okinawa the procedure to confirm the consent of the district has not been taken. The lack of that process is the main point of the problem of land use by the American force in Okinawa. In this situation the referendum of the people of Okinawa prefecture carried out in 1996 is significant and the result of it must be respected.

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The group which makes use of water for agricultural purpose has three aspects-a user of water, a manager of water-use facilities and a holder of water right. When such a group was the traditional village community, in which water right was held in common, these aspects were unified under the one subject. Nowadays they are independent of each other, because the modern agricultural water-use system is functionally differentiated. In the main water-use form of Japanese agriculture, each individual farmer is a user of water and the land improvement district is a manager of facilities and holder of right, or, when the land improvement project has been carried out by the national or prefectural government, each individual farmer is a user of water, the land improvement district is a manager of facilities and the Minister of Agriculture, Forestry and Fisheries or the prefectural governor is a holder of right. Consequently the common sphere which the village community has occupied before cannot avoid the disintegration into the private sphere of each individual farmer and the public sphere of the land improvement district.
The purpose of this paper is to analyse the above-mentioned modern structure of agricultural water use, placing the focus on agricultural water right, and to consider what the new water-use subjects should be.

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The land is not only subject to each owner, but also must be under the public control. This is clearly true of neighborhood-building process. In this article, I treat the district-planning as model case of consensus-making among various residents who has his or her own interests respectively. Each resident participates in the process of making rules of how to use his or her own land, how to reside in neighborhood surrounding them. Because of their two contrary orientations (one, to maintain the present state as a quiet residental area, the other, to make efficient economic use of the land), two parties stood in opposition. In this case, although the autonomous participation of residents in the district-planning process is of great importance, the involvement of planner as specialist of planning is inevitable, too. So, it must be investigated how to make the best use of his knowledge, experience, information, and persuasiveness as resources for enabling each participants to argue and agree on the present and future of the area. The condition of agreement can be seeked in the consensus-making process in which each participant shares 'common recognition' that manifests shared intention to maintain the present residental environment that enables to live under the fine condition.

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Though one of the roles of the local government is to give the private enterprise every facility, people of the region get no interests from the resort development. The local government has to pay much spendings on public works for the new resort.

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The continuing occurrences of misappropriation of public funds have come to light since 1995 in many lacal governments of Japan. The improper expenses, such as the winning and dining practices of public officials, falsified business trips, inappropriate procedures of meetings, falsified expense accounts and the like, are idenified as fictitious outlays. An immense expenditure of originally taxpayers' money has been spent through inappropriate procedures, which is the worst scandal of a number of local governments.
The serious point at issue lies not only in the amount of improper expenses, but in the fact that each local government has been involved in the inappropriate use of public funds in a systematic and continuous way for quite a long time and that the inappropriate procedures have passed through the check of audits and local assemblies. Therefore, what we should do now is to make clear the actual state of this misappropriation and then to prevent recurrence of the illegal practices.
The aim of this paper is to clarify the situation of inappropriate public expenses of lacal governments in Japan and to find the effective way of preventing these inappropriate budget procedures, considering the background of these improper outlays. It is argued that full disclosure of the documents is essential to the appropriate and fair use of public funds. Furthermore, I examine the present relationship between administrative authorities and local assemblies and take into consideration the function of local assemblies.

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When the human being had only hypocritically, hatred, fear and jealously, we could not discuss the future of the welfare state, the social solidarity and the symbiotic relationship. Nevertheless, there were and will always be problems concerning the 'social welfare' with us. Now, we hope to realize 'one society for all' (The Standard Rules on the Equalization of Opportunities for Persons with Disabilities) and 'the peace of the world and welfare of humanity' (Fundamental Law of Education). In order to make the 'new' world, which is different from the 'private' and the 'public', we must find the foundation of 'consensus' among citizens of the welfare state. Marcel Mauss considered it as 'un des secrets permanents de leur sagesse et de leur solidarite' and Kenneth E. Boulding as 'the subtle dynamics of the integrative system'. This paper is intended as a prolegomena to investigate this 'consensus' and to propose a 'new' science of social welfare. The author studies it from the view point of 'practice', 'theory' and 'philosophy'.

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A nation-state is by its definition composed of center-margin structure, and in aliens' law itself is embedded this structure through the Constitution. But not only through constitutional law, but also through nationality law, and also through some other elements in the aliens' law, is embedded this structure in the aliens' law itself.
Having these things in mind, some suggestions can be given from the analysis of the reform of the French nationality law in 1993. (1) This reform reinforced the centrality of the imagined community in some ways, one of which is changing the meaning of 'immigrants' from outsider to insider. (2) The criteria such as culture, national consciousness and etc. which enables us to conceive that there surely is a nation, function in piles, as layers, can not be separated each other, but can be transformed.
According to a nation-state theory that goes well with the suggestions mentioned above, aliens in the social relations are categorized into 'stereotypes' such as 'guest workers', 'immigrants', 'Asians' and etc. The center-margin structure in aliens' law, such as a contrast between those who controle and who are controled, functions in making this stereotype by helping us to conceptualize these people. Also this structure in law reinforces the centrality of layered integration of the nation-state, and this layered structure will be the basis of the stereotyped-categorization. In this way, the center-margin structure in aliens' law prepares the setting of the scene in which aliens' rights play a part.

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The survey was conducted to examine the evaluation of Japanese citizens on the Cabinet and the policy, those who lived in two area, one was Kyoto city (its population was over 1.45 million) and the other was Kochi city (that was about 0.3 million). Two factor analyses revealed that Kochi citizens evaluated the authority and the policy in fewer dimensions than Kyoto citizens. Further, path models were hypothesized and analyzed with each citizens' data respectively. In both results, the relational judgment contributed primarily and directly to the authority evaluation. Fairness of the policy significantly contributed to the evaluation not in Kochi but in Kyoto. Kochi citizens' authority evaluation was determined only by the relational judgment. Procedural fairness and the benefits influenced to fairness of the policy in both cities.

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In the comparison of Rome and England, Weber firstly tried to control political factors. According to him, there was a coexistence of the lack of bureaucracy and the lack of the systematic rationarity of law. Both were the great states ruled by notables. Both had the functional equivalents for bureaucracy, e. g., the military character of the magistrates' power in Rome, the bureaucratization of the royal exchequer in England. Second, he revealed both similality and difference between Roman law and Engish law. In both, the adaptation to new economic needs took place through the rational interpretation and extention of old concepts. Both evolved the same possibility for making purposive contracts legally enforceble: the artificial creation of new contractual actions out of actions ex delicto. But the manner was technically quite different. In the English case, legally heterogeneous phenomena are thrown together in order to obtain actionability by indirection. In the Roman case, by contrast, situations which are new and diverse economically, are subsumed under a single and appropriate legal concept. So Roman law was more rational than Engish law concerning the abstract character of law. Third, there were historical changes in the status of Roman jurists: from independent legal honoratiores, via practicing lawyers and writers and teachers, to the loss of prestige under bureaucratization. Contrary to them, the position of English jurists remained private practicing lawyers. The author aims at the instrumental use of Weber for middlerange theory. This paper is the first step for such.

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We need a model or a frame of reference if we are to understand a thing or an issue. Dispute processing is no exception. The subjective side of the story should be emphasized more as we elaborate on the key concepts embedded in NAMING, BLAMING and CLAIMING. Such concepts as assumption, attribution and logistics are discussed in this context. However, logistics, similar to gijutsu in my argument, is not the only factor which determines the course of CLAIMING. Somewhat illogical factors also determine behavior. I will term them kankei. The latter seems to be invisible in American legal culture.
A critique of my book suggests three possible drawbacks in my argument. One is related to the definition of the main concepts, gijutsu and kankei. The other two rest on their comprehensiveness in explaining overall dispute processing. The certain fluidity of the concepts in the discussion of the first problem and the distinctive roles of model and theory in the second can be seen. Through consideration of these problems my true concern is identified: the influence of legal culture on dispute processing, the subjective side of the story.
Finally a short comment on the sense of right in KT-Generation is added.

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This article discusses the relationship between law and society in the post-war Japan from a democratic legal studies' (DLS) point of view.
When the modern law of Japan was created in the Meiji era, it was modeled on western law; that is to say that western law was received into Japan. However, unlike the modern western droit de citoyen, Japanese law was not a product of a popular revolution. It was partly because Japan was an underdeveloped capitalist nation and also because human rights were not guaranteed under the tenno or imperial regime.
In the process of the democratic reforms after WWII, a democratic legal system was introduced as well as the new Constitution of Japan. Nevertheless, such reforms were "granted from the top" under the U.S.-led Allied Occupation and therefore never took root firmly among the national community. In the 1960's, the rapid economic growth policy was pursued, taking advantage of the immature civil society. Consequently, "the law of the capital" was well organized at the expense of "the law of citizens". That is why the post-war Japan has never achieved a mature welfare state as is found among the western models. But with regard to law in society (lebens Recht), citizens' grass-roots movements have grown increasingly popular since the 1960's; in the process, all different new human right problems have arisen and come to the surface.
Currently, Japanese society is becoming more and more confused after the post-welfare state era of the 1970's and 1980's. This article deals with the following legal reforms in view of the twenty-first century: (1) a family law system (reform of the uniform family model), (2) the local community and local autonomy, (3) civil society and contracts, (4) civil society and liability, (5) preventive legal studies and judicial reform, (6) the contemporary Japanese state, and (7) the international community and state sovereignty.
In conclusion, it is important how we could establish and maintain a social system to achieve the full protection of individuals' right to pursue a happy life (right to selfdetermination). I propose a cyclical system as a model: individuals→family→local life community→civil society→state (national community)→international community, and the reverse flow from the international community to individuals. A democratic legal system is a system which should operate on the smooth flow of such a cycle.

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It may be proposed that Ho-kaishaku-gaku (Rechtsdogmatik, the interpretative studies of law) is to be an object of the sociological studies of law. In other words, various activities of those scholars who engage in Ho-kaishaku-gaku, namely, their methodological propositions regarding interpretation in general or case study in general and their practical proposals of interpretation as to particular problems or their remarks on specific cases, should be an object of the legal sociological observation and analysis either in the respective areas of positive law (e.g., constitutional law, administrative law, civil law, commercial law, civil procedure law, criminal law, criminal procedure law and so forth) or in a comprehensive manner subsuming various specific fields of positive law. Moreover, it may also be proposed that the Shihoshiken examiners (testers handling the second phase of the uniform National Law Examination), appointed as qualified experts of Ho-kaishaku-gaku, is to be a target of such observation and analysis as from the viewpoint of sociology of law in respect of their consciousness and specific practices.
When one looks at Ho-kaishaku-gaku as an object of the sociological studies of law, it seems that many interesting issues may rise to the surface. Studies on such issues will not only generate important works within the field of sociology of law but may be able to revive Ho-kaishaku-gaku in Japan.

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The feminist campaign against pornography, the furor over racial epithets, and Iran's death threat against Salman Rushdie exemplify the passions aroused by hurtful speech. Such conflicts are increasingly pervasive and intractable. Sociological theories of symbolic politics illuminate such confrontations as struggles for respect among status categories defined by nationality, religion, race, gender, sexual orientation and physical difference. The two conventional responses to harmful speech-civil libertarianism and state regulation-both are fundamentally flawed. Only apologies exchanged within the communties that construct collective identities can readjust their social standing and thereby equalize cultural capital.

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