本邦の少年法制史に見る保護主義・教育主義と責任主義・応報主義との関係

概要

論文の詳細を見る
Japanese juvenile law system is based on (1) "paternalism" in which juvenile delinquents are considered as immature persons who need the protection of public authority and (2) "education-principle" in which education is provided instead of punishment in order to bring them up into self-directing persons. Nevertheless, Japanese juvenile law system is related also to responsibility/retributivism-principle. This statement is based on the following observations; the Japanese juvenile criminal policy bureaucrats certainly promoted paternalrism/education-principle as a guiding spirits of Japanese juvenile law system. But they also argued with institutionalists who believed in pure paternalism/education-principle and adopted the responsibility/retributivism-principle in some degree and elaborated Japanese juvenile law as a eclectic legal system. This paper elucidates these facts by tracking the history of the Japanese juvenile law system, from the prison law issued in 1872 to the old juvenile law issued in 1922.
日本人間関係学会の論文
2003-11-08