1994 Fiscal Year Final Research Report Summary
THE CONCEPT OF THE PUBLIC IN JAPAN AND COUNTERMEASURES TO COPE WITH THE LITIGIOUS SOCIETY
| Project/Area Number |
05802003
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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 |
Public law
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| Research Institution | KWANSEI-GAKUIN UNIVERSITY |
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Principal Investigator |
HIRAMATSU Tsuyoshi KWANSEI-GAKUIN UNIVERSITY LAW PROFESSOR, 法学部, 教授 (20034829)
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| Project Period (FY) |
1993 – 1994
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| Keywords | ALTERNATIVE DISPUTE RESOLUTION (ADR) / CONCILIATION / MEDIATION / ARBITRATION / JAPANOLOGY / JUSTICE / NORWAY / OMBUDSMAN |
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| Research Abstract |
The main results of the research will be published in Vol.46, No.1 and subsequent numbers of "The Journal of Law & Politics", published by the Law & Politics Association, Kwansei-Gakuin University. A summary of the research is as follows :
In many civilized nations family systems are breaking down, and many individuals are living alone without a sense of solidarity with their community. At the same time, the number of litigations and offenses are remarkably increasing.
In this paper the status quo and the sources of modern litigious society in western industrialized nations that are controlled by laws which were recognized by the dictates of reason are investigated, and relationship between the ideas of law or justice and social conflicts are examined.
It is interesting to note that Norway is one of the most civilized nations traditionally controlled by law, but the number of litigations are the fewest among advanced nations. After an inquiry into the way of resolving social conflicts in that country, I found some unique systems in which litigations are avoided.
Japan is also one of the countries where the number of litigations are few. Various reasons are conceivable. Research was conducted into the traditional sentiment of Japanese toward law and also into the functions of systems of alternative dispute resolution (ADR) in Japan. I found a close relationship between the function of ADR and Japanese sentiment toward law.
In conclusion suggestions on countermeasures to cope with litigious society are presented.
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