Abstract
The legal system as an apparatus to establish modern society has tried to foster the “legal subject” who enjoys autonomy free from any communal bindings. However, it was made possible only when communal social organizations performed their informal social ordering functions and concealed the limits of the legal system as a social ordering institution. The collapse of these communal organizations has made people to bring to legal system too much need, including caring for their emotional disorder and responding to their claims based on their own everyday interpretation of legal rules. This naturally has uncovered the functional defects and limits of the legal system. The legal system is now faced with a wave of “individualization” of legal need to which the notion of “Universal Justice” has no persuading power. What is the reaction of the legal system in this situation ? This paper examines this phenomenon concerning the legal system, focusing on a reaction of the traditional legal system in a medical malpractice case and on a movement to establish ADR (alternative dispute resolution) system.
