社会統制, 自由, 法の支配 (課題研究社会統制と個人)

概要

論文の詳細を見る
The author looks at the social control from the side of the individual who is to be controled. First, various types of social controls are evaluated in terms of thier effects on freedom and other interests of the individual. Then the author proceeds to the question of how the individual can control the social control. The author describes three models of society in which the individual differently controls the social control: The individual model where there is no specialized agency of social control, the authoritarian model where a strong social control agency acts as being free from effective control by the controled individual, and the constitutional model where the social control agency is effectively controled by the controled individual. The author admits that the first two models have been popular among Japanese, because they did not like the lack of flexibility of social controls under the constitutional model. He argues, however, that the lack of flexibility is not inherent in the constitutional model of social control. There, flexibility is to be obtained through discourse, to which Japanese have not been much accustomed.
日本犯罪社会学会の論文