Legal-sociology of conflict resolution

Research Project

Project/Area Number	62510091
Research Category	Grant-in-Aid for General Scientific Research (C)
Allocation Type	Single-year Grants
Research Field	社会学(含社会福祉関係)
Research Institution	HIROSHIMA UNIVERSITY
Principal Investigator	OTANI Tomohiro Hiroshima University, Faculty of law, Associate Professor, 法学部, 助教授 (60106789)
Project Period (FY)	1987 – 1988
Project Status	Completed (Fiscal Year 1988)
Budget Amount *help	¥1,700,000 (Direct Cost: ¥1,700,000) Fiscal Year 1988: ¥800,000 (Direct Cost: ¥800,000) Fiscal Year 1987: ¥900,000 (Direct Cost: ¥900,000)
Keywords	Conflict-resolution / Law-consciousness / Lawyer / Primary agency of conflict-resolution / Secondary agency of conflict-resolution / 法組会学 / 裁判外紛争処理 / 司法書士 / 市民相談所 / プロフェッション / 社会意識 / 弁護士アクセス
Research Abstract	This research aimes at making clear the state of conflict-resolution in modern society. It consists of three parts. Firstly, it deals with law-consciousness of the citizens from two aspects. The first is on the direction of law-consciousness and the second on the depth of law-consciousness. In case of the former, two sets of consepts of "individualism"-"mutualism" and "public-oriented-attitude"-"private-oriented-attitude" are used as mesures. On the other hand, "normalism"-"specialism" is used as a mesure in the latter. We find out that "mutualism" is most popular, but "private-oriented-attitude" seems to be slightly stronger than "public-oriented-attitude". In other words, Japanese would agree with an idea that people should co-poerate one another to build a better society as far as they never ruin their own rights to live a good life. Secondly, this research focuses on the citizens conflict-resolution. We take up two problems here. One is on the orientation to conflict-resolution, and the other is on the experience of confilict-resolution. It is clear that people would have a tendency to use a secondary agency more than a primary agency of conflict-resolution from the viewpoint of orientation, and that a secondary agency of conflict-resolution is quite important for the citizens as well from the viewpoint of experience. Thirdly, we deal with relationship between lawyers and the citizens through three aspects. The first is on how they evaluate lawyers profession. It is quite clear that there is a big gap between them about stability and prosperity of lawyers profession. The second is on acsess to lawyer. The route of finding lawyer is quite limited, so they can only find out lawyer by the aid of their friends and acqaintances. The final is on the composition of lawyers profession. We find out that most parts of them are concentrated on legal cases.