Abstract

The study employs a questionnaire instrument on the adversary system to compare respondent attitudes from the Tokyo and Minnesota district courts. Empirical verification of the Japanese and American models of conflict resolution and social control developed in the research is accomplished by comparing the responses of the two groups to modal statements about defense counsel roles arrayed in a continuum from administrative (counsel as coach) to due process (protect the client) roles. When urbanization and respondent's role (prosecuting judge, defense attorney) are controlled for, the Japanese reject the extreme implications of the adversary system, particularly in terms of the due process notion, while the American group supports the due process statements. The study corroborates the view that culturally generated value differences may have important impact on conflict resolution and social control, and by implication, international conflict resolution behavior.

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