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The Elusive Shadow of the Law

Published online by Cambridge University Press:  02 April 2024

Herbert Jacob
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Abstract

This article explores the conditions which lead to variation in the degree to which law affects private negotiations? It is an extension and modification of Mnookin and Kornhauser's (1979) formulation that negotiations occur in the shadow of the law. Drawing on prior research on disputes, I hypothesize that this effect depends on the way a claim is framed (which in turn is affected by the claimant's gender), on the mode of attorney involvement, and on claimant use of informational networks. I examine these hypotheses by an analysis of a small sample of recently divorced men and women who were interviewed about the negotiations that led to their custody and child-support arrangements.

Type
The Context of Litigation
Information
Law & Society Review , Volume 26 , Issue 3 , 1992 , pp. 565 - 590
Copyright
Copyright © 1992 by The Law and Society Association

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Footnotes

The research on which this article is based was supported by grant no. G1-88-01 from the Fund for Research on Dispute Resolution. Additional support was provided by Northwestern University. Neither the Fund nor Northwestern University is responsible for any of the interpretations of the data or for the conclusions drawn. I am grateful for the assistance provided by Cyndee Campbell, Jenny Jacob, Amy Keroes, Latrice Kirkland, Jack Land, Nasser Maali, Jim Moore, Georg Muller, Natalie Nahey, Kimberly S. Neuman, Sean Rapacki, Raeshma Razvi, Garrick D. Schermer, and John Yen. Several anonymous referees and the editor of the Review made helpful suggestions.

References

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