就学義務違反処罰行政の形成と沖縄牝牛窃盗事件裁判（村田恭雄教授退任記念号）

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  • 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)
  • シュウガク ギョウム イハン ショバツ ギョウセイ ノ ケイセイ ト オキナワ

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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.

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KJ00004276171

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