· 2017· Book chapter
The Emergence and Transformation of Disputes: Naming, Blaming, Claiming …
- 824citations
- 2017year
Short summary
This paper proposes a framework for understanding how disputes emerge and transform, focusing on the social processes and conditions that lead to perceived injuries and responses to injustice.
AI-generated from the title and abstract; the full text is not read.
Key points
- Proposes a framework for analyzing the emergence and transformation of disputes.
- Focuses on the social process of dispute development, not just formal institutions.
- Investigates conditions for perceiving injuries and responding to injustice.
- Highlights the importance of understanding dispute transformations for evaluating legal institutions.
AI-generated from the title and abstract; the full text is not read.
Abstract
The sociology of law has been dominated by studies of officials and formal institutions and their work products. Studying the emergence and transformation of disputes means studying a social process as it occurs. It means studying the conditions under which injuries are peceived or go unnoticed and how people respond to the experience of injustice and conflict. This chapter provides a framework within which the emergence and transformation of disputes can be described. It describes the study of transformations with the belief that the antecedents of disputing are as problematic and as interesting as the disputes that may ultimately emerge. The chapter begins by setting the stages in the development of disputes and the activities connecting one stage to the next. Trouble, problems, personal and social dislocation are everyday occurrences. Learning more about the existence, absence, or reversal of these basic transformations increase our understanding of the disputing process and our ability to evaluate dispute processing institutions.
The authors' abstract, as published at the source., 2017 · DOI ↗
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Field: Law
LawSocial Sciences