非行への福祉的接近 (<特集>I 司法・福祉・教育)
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概要
- 論文の詳細を見る
It is said that poverty, disease and delinquency are the three main objects of social welfare. Actually, poverty and disease are the issues covered by the public support under the applications of the Daily Life Protection Law and other related welfare laws. As for delinquency, the purpose of Juvenile Law is not to punish the juvenile delinquents but to reform them with their own mental and physical capacity. As one of the educational measures, Juvenile Law establishes Homes for Juvenile Training and Education and Protective Facility, both as child welfare agencies, and provides procedures which relate with the Child Welfare Law and other laws relating with child welfare. Originally speaking, it has been said that the existing juvenile law has dual aspects. The aspect of the Criminal Special Law, and the aspect of Social Welfare Law which is similar to the Child Welfare Law. As a practical question, however, when we are asked whether the delinquency is given the legitimate position as a target of welfare only, we can not give native, affirmative answer. In recent years in particular, the controversy relating to the introduction of the due process of law to more guarantee the human rights as a stated objective, has more emphasized the character of the Juvenile Law as the Criminal Special Law, and has degraded the other characters as a welfare law. After all, it is a problem from which aspect and how we look at juvenile delinquency. In this monograph, the writer defined delinquency as one of the social pathological phenomena, and at first confirmed that delinquency is in the range of the subjects of social welfare through the welfare approach to the phenomena. Then, he identified the social causal factors which drive teenagers into delinquency through the welfare approach to the causes of delinquency, and lastly evidenced how necessary and effective the social welfare approaches are in preventing juvenile delinquency, and in the sound upbringing of juveniles and children.
- 日本犯罪社会学会の論文