NCJ Number
54054
Journal
ZEITSCHRIFT FUER SOZIOLOGIE Volume: 7 Issue: 3 Dated: (AUGUST 1978) Pages: 228-250
Date Published
1978
Length
25 pages
Annotation
THE POSSIBILITY OF COMPARING THE FREQUENCY AND WAYS IN WHICH INDIVIDUAL CITIZENS OF DIFFERENT COUNTRIES USE LEGAL ADVICE IS EXPLORED, USING THE SURVEY METHOD DEVELOPED BY ABEL-SMITH AND OTHERS.
Abstract
THE TECHNIQUE IS DESIGNED TO ASCERTAIN UNMET LEGAL NEEDS, WITH LEGAL PROBLEMS ASSUMED TO ARISE OUT OF CONFLICT SITUATIONS (ACTUAL OR POTENTIAL). A SAMPLE OF 776 MEN 30 YEARS OF AGE AND OLDER WAS EXTRACTED FROM A WARD IN TOKYO, JAPAN THAT CONTAINED 77,844 ADULT MEN AND 82,712 ADULT WOMEN. INTERVIEWS WERE CONDUCTED BY 17 STUDENTS FROM APRIL 1975 TO AUGUST 1975 WITH 413 MEN. THE SAMPLE WAS COMPARED TO 1,651 MEN AND WOMEN 20 YEARS OF AGE AND OLDER IN A LONDON, ENGLAND, STUDY IN TERMS OF EDUCATION AND SOCIAL CLASS. QUESTIONS ON THE INTERVIEW SCHEDULE ELICITED INFORMATION ABOUT LEGAL PROBLEMS ACTUALLY EXPERIENCED BY RESPONDENTS AND ATTITUDES TOWARD LAW AND THE LEGAL PROFESSION. INFORMATION WAS ALSO OBTAINED ON FAMILY COMPOSITION, AGE, EDUCATION, OCCUPATION, AND INCOME OF SUBJECTS. TWELVE PROBLEM AREAS WERE EXAMINED: REPAIRS UNDONE, EVICTION (PASSIVE), EVICTION (ACTIVE), BUYING A HOME, DEFECTIVE GOODS, INSTALLMENT ARREARS, DEBT (ACTIVE), DEBT (PASSIVE), ACCIDENT, EMPLOYMENT PROBLEM, MATRIMONIAL PROBLEM, AND OTHER COURT PROCEEDINGS. AFTER CONSIDERING LEGAL PROBLEMS, THE NEXT STEP WAS TO NOTE ACTIONS TAKEN BY THE PARTIES CONCERNED IN SOLVING PROBLEMS. LEGAL PROBLEMS REPORTED BY TOKYO RESIDENTS WERE GENERALLY LESS FREQUENT THAN LEGAL PROBLEMS REPORTED BY LONDON RESIDENTS, ALTHOUGH LEGAL ACTIONS TAKEN IN TOKYO TENDED TO BE MORE DRASTIC (I.E., ENDING IN COURT, NOT JUST SEEKING ADVICE) THAN IN LONDON. DIFFERENCES IN THE RATE OF USING LEGAL ADVICE ARE EXPLAINED IN TERMS OF THREE DIMENSIONS THAT CHARACTERIZE EACH PROBLEM AREA: PREVENTIVE, INITIATORY, AND DEFENSIVE. THE STUDY INDICATES THAT, USING THE METHOD OF COLLECTING DATA ON LEGAL PROBLEMS AND CONSIDERING LEGAL AND SOCIAL SETTINGS OF PROBLEM AREAS AND CERTAIN FACTORS INFLUENCING LEGAL BEHAVIOR, IT IS POSSIBLE TO ESTABLISH IN QUANTITATIVE TERMS THE DISTINGUISHING FEATURES OF THE MANNER IN WHICH LEGAL PROBLEMS ARE HANDLED AND SOLVED. IT IS SUGGESTED THAT PATTERNS OF CONFLICT RESOLUTION AMONG TOKYO RESIDENTS MAY BE DUE TO THE FACT THAT CONFLICT IN JAPAN IS TREATED PRIMARILY AS A MATTER OF MUTUAL ADJUSTMENT BY THE PARTIES CONCERNED RATHER THAN AS A MATTER OF APPLYING RULES. SUPPORTING DATA AND REFERENCES ARE PROVIDED. (DEP)