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The Dynamics of Informal Procedure: The Case of a Public Housing Eviction Board

Published online by Cambridge University Press:  01 July 2024

Richard Lempert
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Abstract

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This paper examines a public housing eviction board and asks how the decision to prosecute cases informally affected both board action and the implications of that action. It argues that board decisions were patterned and that apparently similar procedures produced different outcomes at different points in time. Informality is seen as compatible with rule-oriented decisionmaking and as a factor that affects the ways that rules and outcomes may be changed and manipulated. Informal justice is not defined, but certain features, such as the quality of discourse in a tribunal, are posited as keys to judgments of informality. It is argued that these keys determine whether a tribunal is perceived as formal or informal but that the actual quality of tribunal need not fit this neat dichotomy, for it is a complex function of whether prosecutors, defendants, and judges take informal or legalistic stances toward the procedural and substantive issues that arise in a case.

Type
Research Article
Information
Law & Society Review , Volume 23 , Issue 3 , 1989 , pp. 347 - 398
Copyright
Copyright © 1989 The Law and Society Association

Footnotes

I have accumulated more than the usual intellectual debts in writing this paper. My work was supported by grant SES-8617981 from the Law and Social Science Program of the National Science Foundation and by the Cook Funds of the University of Michigan Law School. I received valuable comments from Rick Abel, Edward Cooper, Shari Diamond, Robert Ellickson, Bruce Frier, Joel Handler, Shelly Messinger, Jeffrey Paige, Lawrence Rosen, Fred Schauer, Barbara Yngvesson, Mayer Zald, and a person whose name I cannot attach to a helpfully annotated draft that was returned to me. I also benefited from the opportunity to present this paper to groups of scholars at the Boalt Hall, Cardozo, and Columbia law schools and at a Law and Contemporary Problems Symposium at Duke Law School. The cooperation of the Hawaii Housing Authority was essential to this research. I would like to thank the many people associated with the Authority who facilitated my investigation. All findings and opinions expressed in this paper are mine and should not be attributed to the National Science Foundation, the University of Michigan, the Hawaii Housing Authority, or the preceding list of helpful critics.

References

References

ABEL, Richard (1982a) “The Contradictions of Informal Justice,” in Abel, R. (ed.), The Politics of Informal Justice, Vol. 1. New York: Academic Press.Google Scholar
ABEL, Richard (ed.) (1982b) The Politics of Informal Justice, Vols. 1 and 2. New York: Academic Press.Google Scholar
BOHANNAN, Paul (1965) “The Differing Realms of the Law,” 67 American Anthropologist 33.Google Scholar
CAYTON, Nathan (1939) “Small Claims and Conciliation Courts,” 205 Annals of the American Academy of Political and Social Sciences 57.Google Scholar
COMAROFF, John L., and Simon, ROBERTS (1981) Rules and Processes: The Cultural Logic of Dispute in an African Context. Chicago: The University of Chicago Press.Google Scholar
CONLEY, John M., and O'BARR, William (forthcoming). Rules and Relationships: The Discourses of Law. Chicago: The University of Chicago Press.Google Scholar
DUKE LAW JOURNAL (1969) “Project: The Legal Problems of the Rural Poor,” 1969 Duke Law Journal 495.Google Scholar
EMERSON, Robert (1983) “Holistic Effects in Social Control Decision Making,” 17 Law & Society Review 425.Google Scholar
FALLERS, Lloyd (1969) Law Without Precedent: Legal Ideas in Action in the Courts of Colonial Bugosa. Chicago: University of Chicago Press.Google Scholar
FELSTINER, William L. F., and Lynne A., WILLIAMS (1978) “Mediation as an Alternative to Criminal Prosecution,” 2 Law and Human Behavior 223.Google Scholar
GIBBS, James L. Jr. (1963) “The Kpelle Moot,” 33 Africa 1.Google Scholar
GLUCKMAN, Max (1955) The Judicial Process Among the Barotse of Northern Rhodesia. Manchester: Manchester University Press.Google Scholar
GOFFMAN, Erving (1974) Frame Analysis. Cambridge, MA: Harvard University Press.Google Scholar
HAWKINS, Keith (1984) Environment and Enforcement: Regulation and the Social Definition of Pollution. Oxford: Clarendon Press.CrossRefGoogle Scholar
KRONMAN, Anthony T. (1983) Max Weber. Stanford: Stanford University Press.Google Scholar
LAZERSON, Mark H. (1982) “In the Halls of Justice, the Only Justice Is in the Halls,” in Abel, R. (ed.), The Politics of Informal Justice, Vol. 1. New York: Academic Press.Google Scholar
LEMPERT, Richard (1971) “Evictions from Public Housing: A Sociological Inquiry.” Ph.D. Dissertation, Department of Sociology, University of Michigan.Google Scholar
LEMPERT, Richard, and Kiyoshi, IKEDA (1970) “Evictions from Public Housing: Effects of Independent Review,” 35 American Sociological Review 852.Google Scholar
LEMPERT, Richard, and Karl, MONSMA (in press) “Lawyers and Informal Justice: The Case of a Public Housing Eviction Board,” Law & Contemporary Problems.Google Scholar
LEMPERT, Richard (1989) “The Value of Counsel: The Case of a Public Housing Eviction Board.” Presented at the annual meeting of the Law and Society Association, Madison, Wisconsin (June).CrossRefGoogle Scholar
LEMPERT, Richard, and Joseph, SANDERS (1986) An Invitation to Law and Social Science. Philadelphia: Univeristy of Pennsylvania Press.CrossRefGoogle Scholar
MAYNARD, Douglas (1984) “The Structure of Discourse in Misdemeanor Plea Bargaining,” 18 Law & Society Review 75.Google Scholar
MILESKI, Maureen (1971) “Courtroom Encounters: An Observation Study of a Lower Criminal Court,” 5 Law & Society Review 473.Google Scholar
MILLER, William (forthcoming) Bloodtaking and Peacemaking: Feud, Law and Society in Saga Iceland. Chicago: University of Chicago Press.CrossRefGoogle Scholar
NETHERTON, Ross D. (1957) “Fair Trial in Traffic Court,” 41 Minnesota Law Review 577.Google Scholar
NONET, Philippe (1969) Administrative Justice: Advocacy and Change in a Government Agency. New York: Russell Sage.Google Scholar
O'BARR, William M., and John M., CONLEY (1985) “Litigant Satisfaction Versus Legal Adequacy in Small Claims Court Narratives,” 19 Law & Society Review 661.Google Scholar
ROSS, H. Lawrence (1970) Settled Out of Court: The Social Process of Insurance Claims Adjustment. Chicago: Aldine.Google Scholar
ROSS, H. Lawrence, and John M., THOMAS (1981) “Blue-Collar Bureaucrats and the Housing Code Regulation in Three Cities.” Presented at the annual meeting of the Association for Public Policy Analysis and Management, Washington, D.C. (October 23).Google Scholar
SMITH, Reginald H. ([1919] 1967). Justice and the Poor. Chicago: National Legal Aid and Defenders Association.Google Scholar
STAPLETON, W. Vaughan, and Lee E., TEITELBAUM (1972) In Defense of Youth. New York: Russell Sage Foundation.Google Scholar
SUDNOW, David (1965) “Normal Crimes: Sociological Features of the Penal Code in a Public Defender Office,” 12 Social Problems 255.Google Scholar
TRUBEK, David (1972) “Max Weber on Law and the Rise of Capitalism,” 1972 Wisconsin Law Review 720.Google Scholar
WEBER, Max (1968) Economy and Society, eds. G. Roth and C. Wittich, New York: Bedminster Press. Vols. 1 and 2.Google Scholar
WHEELER, Stanton, Edna, BONACICH, M. Richard, CRAMER, and Irving K., ZOLA (1968) “Agents of Delinquency Control: A Comparative Analysis,” in Wheeler, S. (ed.), Controlling Delinquents. New York: John Wiley and Sons.Google Scholar
YNGVESSON, Barbara, and Patricia, HENNESSEY (1975) “Small Claims, Complex Disputes: A Review of the Small Claims Literature,” 9 Law & Society Review 219.Google Scholar

Cases Cited

Thorpe v. Housing Authority of the City of Durham, 336 U.S. 670 (1967).Google Scholar

Regulations Cited

Hawaii Administrative Rules § 17.501.2(c) (effective January 1, 1981).Google Scholar
Hawaii Revised Statutes § 360–4 as amended in 1980.Google Scholar