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Language, Audience, and the Transformation of Disputes

Published online by Cambridge University Press:  02 July 2024

Abstract

This article develops an analytic framework for comparing dispute processing within a single institution and across different cultures, by focusing on the transformation of disputes. Case studies from diverse nonwestern and western settings are examined to show how disputes change as they are processed in response to the interests of various participants. Disputants, supporters, third parties, and relevant publics seek to rephrase and thus transform a dispute by imposing established categories for classifying events and relationships (narrowing), or by developing a framework which challenges established categories (expansion). Disputes may be expanded by adding new issues, by enlarging the arena of discussion, or by increasing the number and type of active participants. Thus, how the dispute is defined (language) and the roles played by various participants are critical features of the dispute. We focus on the agent of transformation, with special attention to the degree of audience participation, particularly in dispute expansion. We suggest the importance of expansion as a mechanism through which new rules emerge in the legal process, and through which social change is linked to legal change.

Type
Part Three-Other Studies of Disputes, Dispute Processing, and Civil Courts
Copyright
Copyright © 1981 The Law and Society Association.

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Footnotes

*

Contributions of authors equal; name ordering alphabetical. This research was prepared under Grant Number 78 NI-AX-0138 from the National Institute of Law Enforcement and Criminal Justice, Law Enforcement Assistance Administration, U.S. Department of Justice. Points of view or opinions stated in this paper are those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Justice.

An earlier version of this paper, “Triads and the Transformation of Conflict,” was presented at the Law and Society Association annual meeting, May 10-12, 1979, San Francisco, California. Since that presentation, the paper has been revised several times. A number of people provided us with helpful comments and criticism based on their reading of earlier drafts. We are especially grateful to Hoyt Alverson, Henry Ehrmann, David Engel, Joel Grossman, Milton Heumann, Jack Katz, Sally Merry, and Stuart Scheingold.

References

Cases Cited

Mapp v. Ohio, 367 U.S. 643, 1961.Google Scholar
Marvin v. Marvin, 18 Cal. 3d 660, 557 P.2d 106, 134 Cal. Rptr., 1976.Google Scholar
Rochin v. California, 342 U.S. 165, 1952.Google Scholar
Wisconsin v. Yoder, 405 U.S. 205, 1972.Google Scholar
Wolf v. Colorado, 338 U.S. 25 L ad 1782, 69 S. Ct. 1359, 1949.Google Scholar