Conflict Management in Divisive Legislatures: A Theory and its Application to Korean Legislative Conflicts

Dissertation, University of Hawai'i (1988)
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Abstract

The study has the purpose of developing a theoretical framework for conflict management at the legislative level, focusing on the chronically disruptive legislature, called a "divisive" legislature. It seeks to identify origins of legislative conflict and methods for its management. Broadly the study includes two research areas: one is theory-building on legislative conflict and the other is a case study of Korean legislative conflict, based on proposed generalizations. ;First, in theory-building, the study categorizes world legislatures into four: competitive, vulnerable, and decorative, in terms of capacity for conflict management. For this classification, the two variables are employed, opposition participation and institutionalization of legislative norms. The concern of this study, however, is in the "divisive" legislature featured by an alienated minority and underinstitutionalized internal norms. For its further definition, eleven features are identified. ;The study develops six new concepts on conflict whereby legislative conflicts can be classified into several types: procedural and substantive, primary and secondary, and within-the-system and beyond-the-system conflict. In regard to conflict management a model is presented covering its goal, methods, processes, and principles. Particularly, various bargaining methods are identified, dichotomizing them into two broad orientations, positive and negative, according to the extent of mutual satisfaction. ;Subsequently, a case study follows to deal with conflicts in seven cases during the 12th Korean National Assembly from 1985 to 1988. The case studies evidence that the division of Korean parliamentary politics has originated from the three major elements, i.e., internally from the opposition's frustration and underinstitutionalization of informal rules of the game, and environmentally from the lack of legitimacy of the regime. It also observes the modes of conflict management in the legislature, such as conflict managers, mechanisms, mediators, and the methods employed. ;In conclusion, several suggestions are made to case confrontations in the Korean legislature and to improve its capacity for conflict management

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