1992 Fiscal Year Final Research Report Summary
Social-Psychological Study on Dispute Resolution and Procedural Justice
| Project/Area Number |
03620001
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| Research Category |
Grant-in-Aid for General Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Research Field |
Fundamental law
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| Research Institution | Hokkaido University |
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Principal Investigator |
MATSUMURA Yoshiyuki Hokkaido University; Faculty of Law;Professor, 法学部, 教授 (80091502)
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| Project Period (FY) |
1991 – 1992
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| Keywords | Procedural Justice / Fairness of Procedure / Psychology of Justice / Psychology and the Law / Equity Theory / Adversary System |
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| Research Abstract |
Many social-psychological studies on procedural justice with regard to dispute resolution have been conducted in the United States.They demonstrated repeatedly that the adversary system was clearly preferred.Since the latter part of the 1970's, research settings have been extended from the area of lawsuit or dispute resolution to other decision making process within social organizations.However,little has been done up to now to extend these studies cross-culturally.
I conducted two scenario experiments using Japanese subject based on Leung and Lind's study.The number of subjects in each experiment was around 160, and they were divided into four or five experimental groups and a control group.Data were analyzed using variance analysis(ANOVA etc.).On one hand,subjects highly evaluate the adversary system.On the other hand,they did not the rate of fairness(fairness of procedure and fairness of outcome) of the adversary system higher than that of the inquisitorial system.It means that Japanese people do not prefer the adversary system when it is characterized as confrontation.Japanese subjects appear uncomfortable with presenting their views in a confrontation with the opposing party.
Finally,the fundamental meaning and the definition of process control,a key concept in study of the procedural justice,seems to be different between American and Japanese subjects.The Japanese conception of process control seems to be (1) not distinguished from decision control,and (2) defensive rather than positive.Japanese notion of process control is not a sense of "voice"or"opportunity to present their views".
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