2012, Japanese Journal of Family Sociology, 24(1): 72-83

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1 DV 要約 1970 DV DV DV DV DV 2012, Family Norms in Criminal Justice: A Discourse Analysis of the Murder Case against a Battered Woman Abstract Takamichi Onuki, Tomoko Fujita Feminists have long denounced the patriarchal power structure in the modern family as a cause of domestic violence DV. A Japanese DV Prevention Law was finally enacted in 2001, indicating recognition of DV as a significant social problem. While many women are becoming victims of violence, there are cases in which they become offenders by killing their battering partners. This paper focuses on one such case which occurred right after the enforcement of the DV Prevention Law, and explores family norms as interpretive resources in criminal justice by examining the process through which the defendant s personal experiences of violence failed to be constructed as DV. The main issue of the trial was whether to recognize the defendant as a victim of DV. Through an analysis of litigation documents, this paper examines construction of the defendant s motives by the prosecutor, defense lawyer, and court referring to family norms as interpretive resources. Considering that the defendant s claim was denied on the grounds of her adultery, this paper suggests that the victim of the modern family was punished for deviations from family norms. Key words: domestic violence DV, criminal justice, motives 2012, Japanese Journal of Family Sociology,

2 I DV 1997; 2001 Spector and Kitsuse e.g. Bennett and Feldman ; Gubrium and Holstein DV II. 1. DV DV 1990 DV DV DV DV 2 4 DV DV DV DV DV 73

3 DV J. F. J. A. The Family Gubrium and Holstein : DV DV 2. DV DV ; 1990 cf. 2006: 241 DV C. A DV Mackinnon : 84 IPV Swan and Snow 2002: 310 L. E. Walker : DV Walker : 60 Battered Woman Syndrome Walker 1984 DV

4 III V Sacks C. W. Mills : 345 V V V 11 V V G. Holstein and Miller 1990:

5 8 2. X V X X V 6 B X V X X V X cf. Austin : X V V V B B V B

6 B 9 V B V B B V 3. V F V V F F cf. Bennett and Feldman : 5 B B B V V 77

7 B V 1988: IV : in order to motive A. because motive 78

8 Schutz [1951] : V cf. Mills : 355 M. B. S. M. statement accounts Scott and Lyman 1968: explanation Scott and Lyman 1968: 47 79

9 DV V. Gubrium and Holstein :

10 DV DV DV DV DV % 37.2% DV : Holstein and Miller 1990: B B 81

11 11 12 cf. Schutz [1951] : K. Daly 1987: 273 Austin, John L., 1962, How to Do Things with Words, Oxford: Oxford University Press.1978 Bennett, W. Lance and Martha S. Feldman, 1981, Reconstructing Reality in the Courtroom: Justice and Judgment in American Culture, New Brunswick: Rutgers University Press Daly, Kathleen, 1987, Structure and Practice of Familial- Based Justice in a Criminal Court, Law and Society Review, 21 2 : : Gubrium, Jaber F. and James A. Holstein, 1990, What Is Family?, Mountain View: Mayfield Publishing Company Holstein, James A. and Gale Miller, 1990, Rethinking Victimization: An Interactional Approach to Victimology, Symbolic Interaction, 13 1 : : toukei/seianki/h22_hanzaizyousei.pdf Mackinnon, Catharine A., 1987, Feminism Unmodified: Discourses on Life and Law, Cambridge: Harvard University Press Mills, Charles W., 1940, Situated Actions and Vocabularies of Motive, American Sociological Review, 5: : : Sacks, Harvey, 1972, An Initial Investigation of the Usability of Conversational Data for Doing Sociology, David Sudnow ed., Studies in Social Interaction, New York: Free Press, Schutz, Alfred, [1951] 1962, Choosing among Projects of Action, Maurice Natanson ed., Collected Papers I: The Problem of Social Reality, The Hague: Martinus Nijhoff Publishers, Scott, Marvin B. and Stanford M. Lyman, 1968, Accounts, American Sociological Review, 33 1 : Spector, Malcolm and John I. Kitsuse, 1977, Constructing Social Problems, Menlo Park: Cummings Publishing Company.1990 Swan, Suzanne C. and David L. Snow, 2002, A Typology of 82

12 Women s Use of Violence in Intimate Relationships, Violence Against Women, 8 3 : Walker, Lenore E., 1979, The Batterd Woman, New York: Harper and Row Publishers. 1997, 1984, The Battered Woman Syndrome, New York: Springer Publishing Company

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