自律的紛争交渉における合意と規範の交錯
正当事由紛争を例として
1987 年 1987 巻 39 号 p. 108-116,216
詳細
1987 年 1987 巻 39 号 p. 108-116,216
The process of consent formation is generally conceptualized as if it were the opposite of the normative handling of a conflict. But as observed in light of actual behaviour, norms interact with circumstantial factors and are gradually sublimated into influence. In this article, I shall establish the concept of "norm influence", and present a perspective for analysing the existence and dynamic function of norms in the process of consent formation.
Then, taking the dispute about a justifiable cause as an example, I shall try to extract the dispute's specific structure and characteristics, and examine if autonomous consent formation is actually functioning or not in the out-of-court negotiation and in the litigation process. I shall try to find a way to overcome interfering factors in the functioning of autonomous consent formation and investigate possibilities of activating autonomous argumentation in litigation.
