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Limitations to judicial dispute resolution and collaborative research between law and psychology

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2018, 6(3), pp.327-344
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

Oh, JungYong 1 김성은 2

1순천향대학교
2일본 리츠메이칸대학 Global innovation

Candidate

ABSTRACT

The main areas of collaborative research between the fields of law and psychology are within criminal law, and the primary focus is upon witness memory, testimony, statements, mental emotions and sexual abuse. In recent years, proposals have been made for an expansion of this collaborative field to include civil law, in order to deal with sensitive issues such as divorce settlements involving minors, and legal limitation periods in child sex abuse cases. Judicial resolution is based on rights and obligations, however the current judicial system is only required to present a solution to legal conflict. Whether or not the dispute is resolved in reality is a matter for the parties to solve afterwards on their own terms. So while a dispute could be said to be ended by judicial resolution from a legal point of view, human relations between parties can remain unsettled. If a victim’s psychological conflicts are not fully overcome, or a perpetrator has not fully realised their guilt, dispute still remains. Therefore, interpersonal disputes need to involve not only a legal approach, but a psychological one in order to achieve a more complete resolution.

Citation status

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