Intersection of legal and non-legal norms-in cases of long-term contractual relationships

研究表明，在长期契约关系中，法律规范和非法律规范在冲突解决中都起着非常重要的作用。传统的合同理论和合同法教条主义只强调法律规范对分析纠纷解决的重要性。但首先，本研究阐明了合同纠纷过程中的当事人通常使用非法律规范来使其主张合法化，并为双方找到令人信服的解决方案。其次，在本研究中，很明显，只关注直接双方来分析长期合同纠纷过程是不足以了解其全部方面的。应该看到，不仅是直接的双方当事人，双方周围的第三方也在争议过程中发挥着关键作用。这意味着双方在与周围的人不断接触的过程中，逐步确定自己的意愿并自决解决争端。“自决权”是合同法和争议解决理论的基本原则。我认为，不应将这一原则理解为各方在真空中作出决定。但是他们是在与他人的接触和许多社会规范的影响下逐渐形成自己的意志的。应该说，各方以自我探索的方式制定其自决。因此，本研究关注的是这一过程，特别是争论双方与周围人的关系，以确定他们在这场冲突中的意愿。最后，本研究提炼出当事人“具体技能”阶段的重要性，这一阶段不能简化为法律规范。本研究最终发现，这种技能在“咨询”实践的许多领域都得到了发展，因此应该对这些实践进行进一步的分析，以加深对这种“自我搜索”或“自我反思”技能的认识，这些技能将在与争议当事人周围的第三方进行的过程中进行。少

In this research it is made clear that not only legal norms but also non-legal norms play very important role for conflict resolutions in case of long-term contractual relationships. Traditionally contract theories and contract law dogmatics have been stressing only the importance of legal norms to analyze dispute resolution. But first this research has explicated that parties in contract dispute processes usually use non-legal norms to legitimize their claims and to find convincing resolutions for both parties. Secondly in this research it became clear that focusing only on direct two parties to analyze long-term contract dispute processes is not enough to understand the whole aspects of it. It should be observed that not only the direct two parties but also third parties around the two parties also play critical roles in dispute processes. That means both parties figure their will and make self-determination toward dispute resolutions step-by-step in the process of continuous contact … More with people around them. "Self-determination" is the basic principle in contract law and in theories of dispute resolution. In my view this principle should not be understood as though parties make their determination in vacuums. But they form their will gradually under the contact with others and under the influence of many social norms. It should be said parties formulate their self-determination in self-searching manners. So this research focuses on this process and especially on the relationship of disputing parties to people around them to determine their will in this conflict. Finally this research extracts the importance of the phase of "concrete skills" of parties which cannot be reduce to legal norms. This research has found finally this kind of skills has been developed especially in many fields of practices of "counseling" so that the further analysis for these practices should be made to deepen the knowledge about this skills of "self-searching" or "self-reflection" which will be performed in the process with third parties around disputing parties. Less