The Sociology of Law
Online ISSN : 2424-1423
Print ISSN : 0437-6161
ISSN-L : 0437-6161
Identity Formation and Litigation Process in the Self Defense Forces Enshrinement case
Political Sociology on the Movements for Protection of the Constitution in Postwar Japan
Hiroki Matsuzawa
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JOURNAL FREE ACCESS

2005 Volume 2005 Issue 63 Pages 143-160,266

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Abstract

This article analyzes the Self Defense Forces Enshrinement case filed in 1973. It focuses on the relation between reconstruction process of the plaintiff woman's religious identity and process of the litigation as a social movement, from A. Melucci's theoretical perspective of 'new social movements'. As a result of analysis it clarifies the following points. 1) The litigation functioned as the process through which the symbolic issue of challenging the State Shinto by the movement was legally defined. Thereby the issue was disclosed as the legal problem. 2) The needs of forming autonomous individual identities were subject to the litigation as a political action. Consequently the plaintiff's religious identity was reconstructed heteronomously by the movement as a counter power. 3) In the movement, the orientation to 'freedom of conscience', which could be 'freedom of autonomous forming individual identities', was subject to the orientation to the anti-war and anti-political power struggle. From the theoretical point of view, the case has a serious limit and indicates an important task: how the needs of autonomous forming individual identities can be made compatible with critics of war and political power.

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© The Japanese Association of Sociology of Law
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