The Sociology of Law
Online ISSN : 2424-1423
Print ISSN : 0437-6161
ISSN-L : 0437-6161
Transformation of Legal Circumstances and Function of Litigation
Yoshitaka Wada
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2005 Volume 2005 Issue 63 Pages 6-14,262

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Abstract
One of the social functions of litigation was a challenge to Japanese murky social ordering led by administrative agencies purporting to work up bublic opinions on policy matters. However, recent judicial reform is trying to turn the way of social ordering itself into more transparent one led by legal system. This paper examines the influences of this change of judicial circumstances on social function of policy-oriented litigation. Through analysis of the meaning of development of right consciousness and emergence of multiple channels for negotiation, I find the possibility of facilitation and control of those processed as an important role of litigation.
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© The Japanese Association of Sociology of Law
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