1987 Fiscal Year Final Research Report Summary
Multi-angled and emprical study on adjudicatory and alternative dispute resolution devices
| Project/Area Number |
60450066
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| Research Category |
Grant-in-Aid for General Scientific Research (B)
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| Allocation Type | Single-year Grants |
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| Research Field |
Civil law
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| Research Institution | Kyoto University |
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Principal Investigator |
TANIGUCHI Yasuhei Professor of Law, Kyoto University, 法学部, 教授 (50025144)
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| Co-Investigator(Kenkyū-buntansha) |
YAMAMOTO Katsumi Associate Professor of Law, Kyoto University, 法学部, 助教授 (20191398)
TANAKA Shigeaki Professor of Law, Kyoto University, 法学部, 教授 (90025148)
MURAMATSU Michio Professor of Political Science, Kyoto University, 法学部, 教授 (80025147)
SATO Koji Professor of Law, Kyoto University, 法学部, 教授 (70025146)
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| Project Period (FY) |
1985 – 1987
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| Keywords | adjudication / alternative dispute resolution / conciliation / arbitration / 法文化 |
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| Research Abstract |
If one follows the Western notion of law which directly associates the law and the court. it can be said that the role of law in Japan is much smaller than in the Western society, because the amount of litigations in Japan is much less than in more typical Western countries. However. even in such Western countries. various non-litigeous dispute resolution devices have been proposed and practices recently. The "alternatives to and within formal procedures" have given rise to a variety of theoretical and practical problems awaiting solution. such as the characteristics of court adjudication and its proper role in the dispute resolution, the constitutionality of the institu tionalized alternatives. the political implications of their development. etc. Thus, We tried to make clear the present state of the adjudicatory and alternative dispute resolution devices and their theoretiacal. political and social background. The study was conducted in cooporation of a group of researchers in the civil procedure. the legal philosophy, the constitutional law and the political science.
The central means of our study was holding symposia, where we ourselves and/or invited experts (including those from abroad) presented reports on such topics as the legal culture and dispute resolution in East-Asian coutnries, Dr. T. Kawashima's these of non-litigeousness of the Japanese peoble, the dispute resolution by administrative agencies. the typology of law and delegalizaiton. the conciliation and the arbitration. the so-called "third wave" theory of civil procedure. and so on. Through these sessions. we succeeded in elucidating many important points which had not been clearly understood before. Such points in clude the real characteristics of the Japancese legal culture in comparison with those in Europe and in other East-Asian countries and the significance as well as the limit of the "third wave" theory in the contemporary legal thiking.
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