就学業務違反処罰行政の形成と沖縄牝牛窃盗事件裁判  [in Japanese] The Evolution of Penal Procedures against Parents of School Absentees : A Study of the Okinawa Cow-Stealing Case (Special Issue Dedicated to Professor Yasuo MURATA)  [in Japanese]

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Abstract

In 1904, a farmer was judged guilty of a cow-stealing in Okinawa Prefecture. The cow originally belonged to him, but it was under attachment at that time. This case, which was finally appealed even to the Supreme Court and resulted in the farmers losing, had arisen from the fact that the farmer would not send his son to primary school. In prewar Japan, in contrast to European coutries, never to the end were penal regulations against such parents made in educational legislation itself. However, in the course of time, under the leadership of Ministry of Education, another regulation began to be applied to those parents who would not send their children to school. This paper, while pursuing the evolution of penal procedures introduced above, tries to clarify the special significance that the judgment on the cow-stealing case had. It was questionable enough to apply a power-wielding public security law such as "Gyosei Shikko Ho", which presupposed an emergent situation, to such a case as school absentees. And, furthermore, next four facts, especially (4), are important. (1) It was impossible, in fact, to punish all the parents of school absentees all over Japan who were so many in number. (2) We can count at least 11 cases of imposing correctional fine in Okinawa in 1903. (3) We can not comfirm similar cases in other prefectures. (4) Even if similar cases exisited in other prefectures, we can not deal with Okinawa on the same level with other prefectures, because at that time in Okinawa "Primary School Ordinance" itself was not yet completely put in force, and therefore only parents were bound over to send their children to primary school, while municipalities were not under the obligation to prepare schools necessary for children. After all it is supposed that, behind the Okinawa Cow-Stealing Case, there was a discrimination policy against Okinawa which belonged to Japan after some delay and should get urgently Japanized.

Journal

  • Human sciences review,St. Andrew's University

    Human sciences review,St. Andrew's University (4), p5-63, 1993-03

    桃山学院大学総合研究所

Codes

  • NII Article ID (NAID)
    110004696325
  • NII NACSIS-CAT ID (NCID)
    AN1020805X
  • Text Lang
    JPN
  • Article Type
    departmental bulletin paper
  • Journal Type
    大学紀要
  • ISSN
    09170227
  • NDL Article ID
    3497151
  • NDL Source Classification
    B44(教育法)
  • NDL Source Classification
    ZV1(一般学術誌--一般学術誌・大学紀要)
  • NDL Call No.
    Z22-1580
  • Data Source
    NDL  NII-ELS  IR 
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