Violence has existed and still exists as a fact of our every day life, but has not been on the surface as an object of social science or the humanities in Japan. Rather, it has been ignored. However, recently the subject of violence has come into sight in social science and the humanities. If the 20th Century was the "Century of Violence", then the 21st Century will be the "Century of Facing Violence". Therefore, the theme "Law and Violence" is demanded by the times.
The subject of violence has been ignored even in jurisprudence. Although violence is an essential part of modern law, it has been invisible. First, modern law designated violence as the use of unlawful force against another. That is to say, the use of force within the law or with the law's permission was ignored. Second, modern law is divided into the public and private spheres, with the law only interfering in the former (public sphere), ignoring violence in the private sphere like the home and school. Third, modern law considers the courts, as places of judgement, to be a world free from violence, yet ignores the violence that occurs there (such as second rape).
The purpose of my paper is to prepare for the socio-legal studies of violence. It is an attempt to put together socio-legal research related to violence. In preparing it, I first focused on the institutional area. I asked who exercises legal force and how. Research in this area comes from a great deal of substantiated evidence concerning punishment, police, public prosecutors and courts. Second, I looked at the cultural and historical area. Here, I asked what the differences are in the make up of law's violence in different cultures and in different eras. Research in this area was accumulated from legal anthropology and the historical sociology of law. Third is the area of law itself. Here, I asked what impact law's violence has on the law. Research into the area of the jurisprudence of violence has just begun. I have attempted in this paper to theorize on the socio-legal studies of violence by analyzing critically modern law through an understanding of the problem of violence that has developed in the law.

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La pensée juridique moderne exclut la vengeance hors de l'espace regi par la loi. Mais Nietzsche soutient que la vengeance est la première structure sociale qui permet de stabiliser le rapport entre les communautés. Dans l'Antiquité, Aristote intègre la vengeance dans l'ordre de la Cité en pensant qu'il est possible de controler la vengeance par la raison, l'essentiel étant de trouver le«juste milieu»dans la pratique vindicative. C'est à l'influence conjointe du stoîcisme et du christianisme qu'il faut attribuer l'exclusion définitive de la vengeance qui se réalisera à l'âge classique. Selon Nietzsche, le ressentiment est né de la vengeance inhibée et spiritualisée. La morale des eclaves, sous forme du judéo-christianisme, a fini par l'emporter sur la morale des maîtres. Le système juridique moderne en est l'avatar essentiel. C'est dans l'idée de révolution que la vengeance se réfugie depuis deux siècles. Et dans cette mesure, l'esprit révolutionnaire et l'esprit de la peine demort ont en commun la référence à la vengeance. Celle-ci trouve un autre asile dans la littérature et certains poètes qui s'associaient au mouvement révolutionnaire étaient souvent sensibles au caractère sublime de la vengeance. En Europe, l'idée de révolution se voit en déclin en même temps que l'abolition définitive de la peine de mort. Et on parle actuellement de la réconciliation nécessaire pour surmonter le conflit historique grave. Mais on doit mettre en question cette opinion qui veut que la réconciliation soit le contraire de la vengeance. Si la vengeance est à l'origine de tout calcul social, la réconciliation s'opère encore dans les limites de la période ouverte et limitée par la vengeance. Quand Derrida propose de distinguer le pardon de la réconciliation, it considère que cette dernière recèle sa propre structure violente. Le padon sur lequel it nous invite à méditer riendrait interrompre à la fois la violence de vengeance et celle de la réconciliation.

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1. Law and violence-let us begin our inquiry about this subject with a recall to these aporiae: Law is permitted violence; Violence is one of the instruments for law, which is by no means violence per se. Probably these theses are both true. When we refer to "law & violence", this "&" here always contends a circulation: "Permitted violence exclusively permits violence in turn". Using these aporiae (circulation, tautology, paradox) as the keys, I focus on logical structure of this imaginary story, upon which modern law relies in order to tame, manage, and control violence, to examine its capacity and range.
2. Violence can be classified into several sub-categories. And law is invested exclusive competence/chances for its identification and, paradoxically, for employment of violence when deemed necessary, in order to deny violence. Therefore law invents an imaginary story that it is non-violent per se, upon which it relies for self-referencial autonomy. In this story, violence is assumed to be something un-recht, not only illegal, but also out-law. With reliance upon this Recht/Unrecht distinction, further classification is produced:
* illegal violence as a deviation from law,
* legitimate violence as an instrument law resorts to,
* law itself: non-violent.
3. Styles in which the State exerts her power, story of non-violent law, and our perspective on violence in our society (which type of violence we put emphasis the most); These are the factors which interact in reproducing a map on how various types of violence are located in our society as a whole. Nowadays as violence at "macro level" (violence seen in public, formal sphere), once easily identified, becomes less transparent, while violence at "micro level" (violence in private, intimate sphere), which used to be invisible, getting more conspicuous, it is likely that a fiction of non-violent law is getting harder to withstand, with violence inherent in law itself being unveiled.
4. What is expected to law now is to promote non-violentiation of both itself and society, while in practice allowing violence a certain place to seclude, and enhance society's potential for violence management, but in other way than a "reversion"(or, simple-minded adoption of paternalism or authoritarianism). In doing so, we should prevent violence by State, disguised with "soft management techniques", from prevailing. Unless we gave up a dialogue with violence, we should urge law to go further, beyond its role as a sanction system, so as to commit to "complex violence management" involving citizens' participation.

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The situation regarding victims of sexual violence has dramatically changed in this decade in Japan. Mainly women activists who addressed the issue of victim's rights of sexual violence have made this change. The number of victims who seek legal remedies has increased. This movement has made it clear that our legal system has not worked well for giving them appropriate remedies.
In the field of criminal law, rape is still determined under the influence of the patriarchal ideology. For example, rape is determined whether a victim made utmost resist against her offender. This way of determination can release rapists who know the victims, because in those cases it is more difficult for them to resist strongly. In addition, it is not likely for the victims of non-stranger rape to report the rape to the police. Victims still have faced the victim-blaming attitude of the society as a whole as well as a legal system itself. The above mentioned problem of the criminal law has also been seen in civil cases in which victims are demanding compensations from offenders. This happened particularly in sexual harassment lawsuits. The cases in which plaintiffs were defeated were determined by judges who relied on so called rape myth. Another problem of the civil cases is low amount of compensation, even though in some cases we can see relatively high amount of it.
The root cause of the problem is that there is merely education of sexual discrimination in the legal department of universities and the Legal Research and Training Institute run by the Supreme Court. The change of the issue of women's rights, which happened internationally in this decade, has not yet reached those educational bodies for lawyers.

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In sum, the author of this paper wants to assert that the notion of gender that commonly works as a denominator to sever constructed character of sex and sexuality out of biological sex and sexuality might cease to function due to diversified interests of feminism activists. The paper examined briefly a history of feminism in Japan as compared with that in the United States for the last three decades. It came out with the observation that mighty emergence of minorities' voices other than essentialists' might bring out a breakdown of concept of gender as an adhesive of various interests. In conclusion, the author of this paper asserts the notion of gender should be more itemized and individualized to reflect the real world through its reconstruction.

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There are various implications which included in making women's experiences in sexual violence to be social issue. First, it includes violence of human rights of women. Secondly, it means gender motivated violence, and thirdly it justifies the victim's rights to restore the human dignity and independence. Therefore there should be created criminal justice system for protecting women from sexual violence as well as reform of rape law into which reflects the reality of victim's situation. At the same time, the attitude of jurisprudence should be more gender sensitive.

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In East Asia, under dictatorial rule that was institutionalized through wartime laws, emergency laws and martial law, state-sponsored terrorism hit hard peoples.
In South Korea, there were many massacres perpetrated by the state from the "Cheju 4.3 Uprising" of 1948 to the "Kwangju Massacre" of 1980, claiming up to one million victims. Ten thousands were killed in Taiwan, under the massacres of the "2.28 Uprising" of 1946 and of the "white terrorism of the 1950s".
With the collapse of the Cold War, the crimes began to be brought to light and movements for reparation of the victims were emerged. In South Korea, the establishment of a law on compensation for victims related to "the Kwangju democratization movement" was a big breakthrough in the struggle against the Cold War/National Division-based ruling system.
Then in October 1999, AP released a massacre by U.S. troops during the Korean War of people of Nogeun-li. In December 1999, including a special law on the Cheju 4.3 Uprising, three laws to "bury the past" were concluded. In Taiwan, a "Compensation Act for Victims of 2.28" was established in 1995 and a law to compensate victims of the white terrorism of the 1950s was passed in 1998.
The reparation for victims of state sponsored terrorism in South Korea and Taiwan has been closely connected with demands for democratization and has been a driving force for its promotion. But the "red complex" still persists to this day. And there are a lot more cases of state-sponsored violence that have not been dealt with. Overcoming the legacy of the Cold War will be achieved through the movement for restoration of the victims' humanity, and pursuing the work of remedying the damage caused by state terrorism will lead to an age of peace and human rights in East Asia.

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Modern constitutionalism intends to construct a liberal society in which various people embracing incommensurable ideas can both lead autonomous private lives and share the benefits of social collaborations. John Locke is one of the thinkers who tried to answer this general problem. But his political theory, in particular his theory on the right of resistance, was also a response to the particular predicament he got into. Having failed to exclude James from the royal succession, he discarded his absolutist attitude and legitimatised forcible attempts to topple Charles II and then the invasion of William of Orange. In doing so he characterised the resistance to an oppressive government as an "appeal to Heaven". Drawing on the achievements of recent studies of political philosophy, the author interprets his theory not as libertarian but utilitarian one that takes into account pleasures and pains of the other world as well as of this world.

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In this session the limits and paradox of modern state law, which trying to control violence by its own violent power, were discussed. Modern state law has no reasonable answer in itself to the question: what violence should be recognized legally? Moreover, it is sometimes impossible to decide who is the Subject of violence. Although modern law tries to attribute violence to a subject, violence is in itself more confusing phenomenon. It is required to create new conception of law in order to understand and control the phenomenon of modern violence.

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This paper focuses on a trial (an appeal hearing) for the Dotonbori murder case which took place in Osaka, Japan in 1995. The point at issues of the trial was whether the victim was thrown into a river by defendant or he accidentally fell.
Finally, the court considered the defendant's testimony telling his unhappy life so far as worthy of mitigating circumstances. The court commuted his six years imprisonment penalty to four years.
This paper aims to clarify some process of this commutation. The author explain how a fact that the victim by accident fell recognized as a "truth", instead of a fact that defendant threw him into a river.

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Our statement analysis of many criminal cases has shown that the statements of suspects or witnesses are often distorted in the direction of the interrogator's expectation and the effects remain in the statements in the court. In Japan the criminal investigators have an inclination to interrogate the same suspect or witness again and again in the process of the investigation to get their desired answer. As a result, in the extreme case, some innocent defendants confess not only in the police but also in the court as if they were true criminals and some witnesses in the court give false evidence under the influence of prosecutor's suggestion. We examined the Noda Case (murder case in 1979) and the Kabutoyama Case (murder case in 1974) and were forced to presume that the mental retarded played such roles in the court. The criminal court can be compared to a magnetic field where the interrogator's expectations attract the interrogatee's statements like a magnet. We must make a searching inquiry into this dynamic field of the court.

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In the trial process, either in criminal or civil, the witness is sometimes hearted by the examination. In the adversarial proceeding, the witness inevitably has tendency to support his/her own side. In the pretrial stage, his/her role is to support the party that had called him/her. However, after the trail process has started, his/her role will dramatically change to tell the truth objectively. This sift of the role will cause great stress on the witness and sometimes hears his personality. Regal formality also causes a great stress on the witness. In the courtroom, the witness cannot speak freely under the strict examination rules. If the witness speaks the facts according to his/her own initiative, he/she will be stopped speaking and sometimes given a warning even from the lawyer of their own side. These stresses are caused not by witness's characters but by the structure of the trial process. In the trial process, the dignity of witness is under the control of the parties. Traditional regal theories had been protecting parties' procedural rights and neglected the witness's dignity. It is not always reasonable to give a priority to parties' rights. The balance between party's procedural right and the witness's dignity should be pursued.

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The aim of this comment is to think about the possibility of sociological study of courtroom violence.
In my view, there are three important presuppositions for this purpose. First, an ability to empathize with others is indispensable for understanding courtroom violence.
Second, we have to recognize a courtroom as a process of interaction between actors. Empathetic approach to witnesses who are cross-examined, enables us to view an aggressive cross-examination as unreasonable violence, not as a legitimate legal right.
Third, we have to recognize that a courtroom and its outside are inseparably related. A criminal courtroom is influenced by a process of criminal investigation and indirectly by social prejudice as well.
We have to recognize these three presuppositions in order to study courtroom violence sociologically.

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Es ist die Aufgabe dieser Abhandlung, die Frage zu prufen, in welcher Weise die Gewerkschften den Arbeitsrecht kritisierten, einschatzten oder akzeptierten in der Äußerungen der Funktionäre und Vertreter der Allgemeinen Deutschen Gewerkschaftsbund (ADGB). ADGB hatte die Aussicht, durch die Selbstverwaltung oder die Autonomie das Arbeitsrecht zu entwicklen in den ersten Jahren der Weimarer Republik. In der Priode der sogenannten relativen Stabilisierung stärkte er jedoch die Anlehnung an den Staat infolge der Verschiebung der Machtverhältnisse zwischen der Arbeitgeber und der Gewerkschaften. Aber bedeutete diese Tendenz nicht Verlust seiner Subjektivität. Nach der Auffassung Clemens Nörpels und Ernsr Fraenkels konnte das Arbeitsrecht im Verlauf seiner Anwendung vor der gesellschaftlichen Kräfte "das Zurückweichen" bringen, wenn auch es selbst zugunsten des Arbeiter war oder erst durch die starken Aktivitäten des Staats gewährleistet werde. Dementsprechend lag die Aufgabe der Gewerkschaften dain, sich bei der "Durchsetung" des Arbeitsrechts zu betätigen.

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This study analyzes the articles in newspapers and magazines on the arrest of the "Renzoku-shasatsu" suspect in April 1969 and clarifies the structure of the collective consciusness of the public in penal system and social factors that explain it. The findings include (1) each media have each quantity and trend of articles on the case that represents division of collective consciousness of the public in penal system; (2) the whole media constructs the negative image of the suspect's personal history of Shudanshushoku that represents demographic factor; (3) each media have same form of articles, especially articles of the police investigation process that represents the centralized penal organ monopoly in information of crime and punishment.

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The IT revolution has both given rise and a resolution to a whole series of problems in law and society. To analyze the relationship between e-law services and judicial reform from this viewpoint, I put the readers in the picture of the "Five-Year Program for Judicial Reform" of the Supreme People's Court of China and give some samples concerning the court and the new technologies in this article.
According to the judicial reform plan, for raising efficiency of the court system, the administration of justice will be virtualized in the period of 1999-2003, and the "trial flow tracer system" will be popularized on what has already been achieved. On the other hand, transparency of proceedings and judicial participation are also emphasized. In fact, many courts began to allow the public into the courtroom through the live TV program, to open their web site and to supply online legal services including the publication of court calendars, oral argument schedules, court verdicts, the Supreme Court's judicial interpretation opinions and other information in Internet. A digital China law library in cyberspace has been constructing since the beginning of the 1980s, which made access to laws and courts much easier and litigation cost much lower.
However, the computer network world is not necessary a true liberal and democratic wonderland. We can even find a new type of "Panopticon" in the "trial flow tracer system" based on the digital technology. So the balance between efficiency and humanity should be the next goal for judicial reform in this new technology age.

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