日本語

Course Code etc
Academic Year 2024
College College of Law and Politics
Course Code EX608
Theme・Subtitle 「親密圏」を規律する刑法
Class Format Face to face (all classes are face-to-face)
Class Format (Supplementary Items)
Campus Seminar
Campus Ikebukuro
Semester Full year
DayPeriod・Room Wed.5・9203
Credit 4
Course Number LPX4910
Language Japanese
Class Registration Method "Other" Registration
Grade (Year) Required 配当年次は開講学部のR Guideに掲載している科目表で確認してください。
prerequisite regulations
Acceptance of Other Colleges 履修登録システムの『他学部・他研究科履修不許可科目一覧』で確認してください。
course cancellation 〇(履修中止可/ Eligible for cancellation)
Online Classes Subject to 60-Credit Upper Limit
Relationship with Degree Policy 各授業科目は、学部・研究科の定める学位授与方針(DP)や教育課程編成の方針(CP)に基づき、カリキュラム上に配置されています。詳細はカリキュラム・マップで確認することができます。
Notes
Text Code EX608

【Course Objectives】

In this seminar we will consider various problems that occur in the "intimate sphere," such as married couples, parents and children, and partners, based on knowledge from various legal fields, including criminal law, as well as other social sciences. The question of to what extent criminal law should respect the autonomous order of the "intimate sphere," including the family, and to what extent it is permissible (and even desirable) to intervene in this sphere, is also extremely important in considering the future of criminal law.
 In this seminar, we will approach these issues from various angles and search for solutions (clues) to them.

【Course Contents】

 In the past, as the legal maxim "the law does not enter the home" indicates, the idea that the law does not get involved in troubles and disputes within the home has been widely accepted, and legal systems have been enacted based on this idea. For example, the larceny committed against relatives, which states that property crimes such as theft by a spouse or lineal blood relative will not be punished, is a clear example of this way of thinking.

 In recent years, however, there have been a number of problematic areas where the limitations of this legal maxim have been recognized. In addition to domestic violence and child abuse, there are many other issues in which the law should actively intervene at the appropriate time, such as child abduction by a parent, sexual and property crimes in the home, abandonment of children and the elderly, and funeral ceremony after the death of a family member.

In addition, appropriate legal discipline and intervention are also essential for problems in the "intimate sphere" that extends beyond (or includes) the "family," such as stalking between dating couples.

 Under such circumstances, criminal law also has to confront a number of problems that occur in the family or in the "intimate sphere", and it is necessary to tackle them seriously, drawing on the results of other legal fields and disciplines, to determine what solutions should be proposed.

 In this seminar, we will approach these contemporary issues from various angles. In addition to studying literature such as articles, precedents, and legislative materials, we will occasionally invite guest speakers to share their opinions on various issues related to the family and criminal law.

 It is of course hoped that students with an interest in criminal law will participate, but students from other legal fields as well as those with a strong sense of curiosity and an interest in non-legal areas are also welcome.

※Please refer to Japanese Page for details including evaluations, textbooks and others.