The Sociology of Law
Online ISSN : 2424-1423
Print ISSN : 0437-6161
ISSN-L : 0437-6161
Mini-Symposium II: Law and Justice in Risk Distribution Process
Dispute Processing and Risk Communication
From “Agreement” to “Meaningful Response” and “Understanding”
Hideki Kashizawa
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JOURNAL OPEN ACCESS

2013 Volume 2013 Issue 78 Pages 195-214

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Abstract
Conventionally, “agreement” of the persons concerned has been pursued in environmental conflict, but it cannot be attained easily in the risk society. Requirement of agreement means granting an adversary a power of veto. It has some legal issues. Therefore, we cannot require agreement. According to the argument in social psychology, “agreement” is not pursued in risk communication but a “understanding”. In risk communication, “a meaningful response” based on interactive communication is performed, and an “understanding” of the persons concerned is urged as a result. On the other hand, in the arguments of “dismissal due to economic conditions” in labor law, “understanding” is not a subjective state but an objective. It means the state which a third party can evaluate against the intention of the person himself/herself about it. The research on not “agreement” as output but an “understanding” as a process is required in the dispute processing research in the risk society.
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2013 The Japanese Association of Sociology of Law
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