Vol. 2 No. 12 (December, 1992) pp. 194-196.
EVERYDAY JUSTICE: RESPONSIBILITY AND THE INDIVIDUAL IN JAPAN AND
THE UNITED STATES by V. Lee Hamilton and Joseph Sanders. New
Haven and London: Yale University Press, 1992. xiii + 290 pp.
Cloth $35.00.
Reviewed by C. Neal Tate, Department of Political Science,
University of North Texas.
EVERYDAY JUSTICE seeks to trace the impact of culture on
individual assignments of responsibility and of punishment for
actions that cause harm. The book reports empirical results based
on three "survey experiments" administered in 1977,
1978, and 1979 in Detroit, Michigan, and in Yokohama and
Kanazawa, Japan. Its authors are professors of social psychology
at the University of Maryland (Hamilton) and of law at the
University of Houston (Sanders). Their previous research has
regularly addressed the problem of the attribution of
responsibility; EVERYDAY JUSTICE appears to represent the
culmination and summary of the authors' research on wrongdoing
and responsibility in the United States and Japan.
The investigation begins with a consideration of the problem of
responsibility that is framed by the striking contrast between
American and Japanese legal and institutional reactions to two
tragic air crashes that occurred in the summer of 1985.
Stereotypically, the American crash was followed immediately by a
gathering of lawyers and efforts to assign and to limit corporate
responsibility that produced a "nasty" and protracted
legal conflict, while the Japanese crash led to an immediate
acceptance of corporate responsibility, a formal apology and
resignation from the president of Japan Air Lines, and a general
avoidance of litigation over the tragedy.
The authors warn that the airline crash stories are indeed
stereotypical, and that one could select other examples that
might give a different impression of how Americans and Japanese
will react to circumstances that raise questions of wrongdoing
and responsibility. The truths that lie behind the stereotypes
reflect the differences in the way each society typically
structures its social relationships, in particular the way in
which the societies differ on the dimensions of hierarchy and
solidarity in social relationships. The two dimensions yield four
categories of relationships that are expected to affect how
individuals in the two cultures assign responsibility and
punishment: equal-separate (e.g., buyer-seller), equal-connected
(e.g., friends), stratified-separate (boss-worker), and
stratified-connected (parent-child) relationships. Responsibility
may have multiple meanings. The authors' version of the concept
stresses that it involves considerations of causation, capacity,
role obligations, and legal and moral responsibility, and that an
allegation of responsibility may be answered by what are legally
conceived of as the defenses of denial, demurrer, collateral
defense, and justification.
It should already be clear that the authors' inquiry is framed by
the concepts of macrolevel social theory. These concepts are
placed into context and expectations for their effects derived
from discussions of social and legal structures and of culture
and the socialization process. Though comparative, these
discussions focus more extensively on Japan. With regard to
social structure, the authors place emphasis on the importance of
the Japanese concept of "IE," right principles of
organization of the family. Legally, they depict Japan as
stressing more inquisitorial and less adjudicative dispute
processing than the United States, noting that in Japan the
barriers to litigation are deliberately set high. These social
and legal structural differences lead to predicted differences in
willingness to litigate and acceptance of alternative procedures
of dispute processing, and to different patterns of relationships
at the individual level. Of great relevance to explaining
cultural differences in assessment of wrongdoing and assignment
of responsibility and punishment is the well-developed Japanese
practice of APOLOGY.
The culture and socialization of the Japanese is argued to
produce individuals who are more nested in a social context, even
while accepting high expectations for individual performance,
whose behavior is more likely to be governed by
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shame at the possibility of failing the expectations of relevant
others than by guilt resulting from an individually-internalized
norm, and who are more likely to see even formal authority as
"fundamentally benevolent and reasonable" (p. 71).
These cultural differences are expected to shape "judgments
of the responsibilities of persons who do wrong and cause
harm" (p. 71).
The authors' investigation of responsibility and sanctions is
driven by a research design that focuses on the relationships
among DEEDS (the act committed, the consequences of that act, the
intent of the actor) CONTEXTS (past patterns of behavior, the
influence of involved others), and ROLE RELATIONSHIPS (involving
hierarchy and solidarity). These concepts are used to structure
four basic types of stories or vignettes that represent the four
types of social relationships that result from the combination of
hierarchy and solidarity (see above). Specifically, the stories
deal with assessment of responsibility and sanctions for the
actors in two low solidarity work situations -- a foreman on a
line (authority relationship) and a used car salesman and
customer (equality relationship), and two high solidarity family
relationships -- a mother with child (authority) and twins
fighting (equality). The design's purpose is to allow the authors
to measure and evaluate macrolevel cultural differences in the
relationships between and among deeds, contexts, and role
relationships.
The research design is executed through an survey experiment
administered by American and Japanese research teams to samples
representing urban, industrial communities in the United States
and Japan (Detroit, Yokohama) and, to provide greater cultural
contrast, a city expected to be more representative of
traditional Japanese culture and values (Kanazawa). Each
respondent was asked to assign responsibility and punishment in
each of the four everyday life stories described above when the
circumstances in the stories were randomly varied to represent
different combinations of deeds, contexts, and role
relationships. Respondents in Detroit and Yokohama were also
asked to assess two stories involving criminal responsibility
resulting from an auto accident and a robbery. The authors'
discussion of the implementation of their complex research
design, their sensitivity to possible problems of validity, and
to problems of cross-cultural research such as translation is
exemplary. It gives one considerable confidence in their
empirical findings.
The empirical findings are presented in separate chapters on
responsibility, punishment, and the special case of crime. For
responsibility, the overall findings confirm that judgments of
responsibility vary as predicted, according to the wrongdoer's
deeds and the context of those deeds. Responsibility was adjudged
higher when an act was intentional, when its consequences were
more serious, and when the actor had a past pattern of bad
behavior, and lower when the actor acted at least partially under
the influence of others. Also as expected, actor responsibility
was adjudged higher in low solidarity situations, and, after
appropriate adjustments for differences in story circumstances,
for authorities in hierarchical situations. Space prevents the
discussion of the basic findings for the interactions of roles,
deeds, and contexts. But the authors' overall conclusion is that
each of their expectations about the effects of deeds, contexts,
and roles is confirmed. More important to the authors' analytical
purposes, the patterns of macrolevel differences in the results
were consistent with theoretical expectations that Americans
would be more likely to see wrongdoing actors as equal, isolated
individuals whose intent mattered most, while Japanese would see
them more as individuals in context whose responsibility was more
affected by their roles and contexts.
Japanese respondents were as willing as Americans to advocate
punishment of some wrongdoers. But for the "everyday life
situations," the Japanese preferred punishments that focused
on "relationship restoration," while, except in family
situations, Americans preferred sanctions that isolated the
offending actor. This leads the authors to conclude that
"the solidarity of relationships appears to provide a
parsimonious account of how norms of sanction come to differ
within
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and across cultures" (p. 156).
To examine responsibility and punishment in extreme situations
involving the interaction of strangers, the authors asked respon-
dents in Detroit and Yokohama to assess two additional vignettes
involving an auto accident (with possible criminal liability) and
a store robbery. In these cases, the cultural differences between
Americans and Japanese in the assignment of responsibility
disappear: for strangers, Japanese assign responsibility in the
same way as Americans. Similarly, for assignment of punishment in
the case of the store robbery, the Yokohama Japanese are found to
be "more American than the Americans" (p. 169). The
auto accident vignettes also found the Japanese at least as
willing to punish as the Americans, but inclined once again to
prefer more restorative, as opposed to isolative, punishments,
and less likely than the Detroiters to define appropriate
restorative punishments solely in financial terms.
Following a general summary of their empirical results, the
authors conclude their work with more speculative chapters
dealing with the implications of their findings for the debate
over the relative importance of legal structure and legal culture
and the possible convergence of the two legal systems studied
(Ch. 10), and the problems of justice reflected in the two styles
of attribution of responsibility and punishment in the United
States and Japan (Ch. 11).
EVERYDAY JUSTICE is a clearly organized presentation of an
important theoretical perspective, a complex research design, and
a relatively elaborate data analysis. Its methodology is well-
chosen and well-executed, and its statistical results generally
well-presented. Occasionally, however, the authors appear to be
so determined to keep the statistics simple, and so committed to
the analysis of variance models that are traditional in
experimental design, that they fail to present their results in
the form of a summary regression or logistic model that would
clarify the nature and the impacts of the statistical
relationships their data support. Occasionally, also, the
authors' prose becomes a bit turgid, especially when they delve
deeply, sometimes too deeply, into the macrosocial theory that
drives their analysis.
EVERYDAY JUSTICE will be of most interest to students of legal
culture and the relationship between culture, society, and the
legal system. Its relationship to "law and politics" is
indirect, but it is not irrelevant to the consideration and
evaluation of policies relating to the regulation of litigation,
crime, and punishment, or to theories explaining why polities
choose such policies.
Copyright 1992