| Project/Area Number |
15330001
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| Research Category |
Grant-in-Aid for Scientific Research (B)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Fundamental law
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| Research Institution | Hokkaido University |
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Principal Investigator |
MATSUMURA Yoshiyuki Hokkaido University, Graduate School of Law, Professor, 大学院・法学研究科, 教授 (80091502)
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| Co-Investigator(Kenkyū-buntansha) |
HASEGAWA Ko Hokkaido University, Graduate School of Law, Professor, 大学院・法学研究科, 教授 (90164813)
HAYASHIDA Seimei Hokkaido University, Graduate School of Law, Professor, 大学院・法学研究科, 教授 (50145356)
IMAI Takeyoshi Hosei University, Graduate Schools, Law School, Professor, 大学院・法務研究科, 教授 (50203295)
YAMADA Hiroko Hokkaido University, Graduate School of Law, Assistant, 大学院・法学研究科, 助手 (10360885)
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| Project Period (FY) |
2003 – 2005
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| Project Status |
Completed (Fiscal Year 2005)
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| Budget Amount *help |
¥4,500,000 (Direct Cost: ¥4,500,000)
Fiscal Year 2005: ¥900,000 (Direct Cost: ¥900,000)
Fiscal Year 2004: ¥2,000,000 (Direct Cost: ¥2,000,000)
Fiscal Year 2003: ¥1,600,000 (Direct Cost: ¥1,600,000)
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| Keywords | Retributive justice / Deterrence / Restorative justice / Psychology of justice / Victimology / Punitive motive / Behavior control / Community / 応報 / 修復 / 積極的一般予防論 / 集団 / 儀礼としての刑罰 / 矯正 / 分配 / 法人処罰 / ナポレオン法典 / フランス刑法 / 犯罪被害者 |
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| Research Abstract |
We investigated what was punitive motive, and how it was related to justice motive in general in terms of psychology of justice. Based on the questionnaire survey to the public, Japanese people's motive of penalty is not differentiated to control of behavior (prevention) and retribution, but is differentiated to public punitiveness (usually conducted by the power of the nation) and private punitiveness. Therefore, motive of private penalty, which might include toleration, can be conceptualized with regard to restorative justice. This subject can be investigated in terms of victimology. In terms of victimology, one problem is how the criminal and the victims are integrated in their community. Another problem is how criminal justice system is constructed in order that victims may take part in the criminal justice procedure.
In order to span the split between psychology and theory of criminal law, theory of penalty on criminal law is evaluated in terms of psychology of justice. Based on psychological findings, criminal penalty as retribution is not metaphysics but is inevitably annexed to society. Retributive penalty theory in criminal law explains the nature of penalty in the terms of law, and does not explain it in terms of psychology. Therefore, retributive penalty in criminal law theory and the psychology of retributive justice should be integrated. It suggests the similarity between so-called "positive general prevention theory" in criminal law and retribution explained by psychology of retributive justice. It is significant that both ideas deal with the meaning of penalty in society itself. In term of social psychology, criminal penalty means the confirmation of the social value which was damaged by the crime, and the recovery of the victim's social status in society. Considering the latter, neither severe penalty nor more ritualistic penalty is relevant. Victim's participation in the criminal justice procedure is important.
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