Abstract
For the further developments of research into the Japanese law-consciousness, it seems necessary to reexamine the concept of law itself underlying such predominant theories as Dr. T. Kawashima's modernistic and legalistic one. From this viewpoint, the author attempts to present an alternative theoretical model for analyzing pluralistic patterns of jegal dynamics and legalization. This tripartite model consists of three types of law-universalistic, managerial and interactional law. Then, the author argues that, judging from the ambivalent characterisitics seen in the notions of right and attitudes toward litigation among the Japanese lawyers and people, the pattern of legal dynamics and legalization in contemporary Japan cannot be grasped fully by the Western universalistic model alone.
This paper consists of the following parts:
Preface
1) Perspective and Framework for the Research
2) Extended and Diffused Notions of Right
3) Avoidance and Utilization of Litigation
