The Emergence and Transformation of Disputes: Naming, Blaming, Claiming . . .

  title={The Emergence and Transformation of Disputes: Naming, Blaming, Claiming . . .},
  author={William L. F. Felstiner and Richard L. Abel and Austin D. Sarat},
  journal={Law \& Society Review},
The emergence and transformation of disputes, especially before they enter formal legal institutions, is a neglected topic in the sociology of law. We provide a framework for studying the processes by which unperceived injurious experiences are-or are not-perceived (naming), do or do not become grievances (blaming) and ultimately disputes (claiming), as well as for subsequent transformations. We view each of these stages as subjective, unstable, reactive, complicated, and incomplete. We… 

Dispute Processes : Cultures of Decision-making: Precursors to the Emergence of ADR

Introduction In this chapter we begin by marking out, in broad schematic terms, the larger background to the emergence of ADR in the latter part of the twentieth century. This apparently abrupt shift

Thinking Disputes: An Essay on the Origins of the Dispute Industry

ion called power as an explanation will not wash. It leads, however, to the same cycle of problems as dispute theorizing itself-indeed, as all inductive theorizing does: i.e., is the power of a

The Antecedents of Disputes: Complaining and Claiming

This paper focuses on the earliest stages of the problem resolution function of law and legal institutions: the emergence of grievances and their communication to a responsible party as complaints

Dispute Processes : The Trajectory of Alternative Dispute Resolution

Introduction In earlier chapters we have charted the progress of what can only be described as a sea change in civil justice arrangements. Visible right across the common law world, there have been

Disappointed 'Heirs' as a Socio-Legal Phenomenon

English Abstract: This paper focuses on the socio-legal characteristics of succession battles, drawn from a large-scale empirical study of contemporary inheritance and probate procedures and

Globalization and the Decline of Legal Consciousness: Torts, Ghosts, and Karma in Thailand

This study analyzes the transformation of legal consciousness associated with the process of globalization. It examines changing conceptions of injury and compensation in northern Thailand, where

Bidrag til Pierre Bourdieus retssociologi og den retlige transformationsproces

A Contribution to Pierre Bourdieu’s Sociology of Law and Transformation of Disputes. As the power of law depends on a continuously supply of cases, disputes emergence and transformation is crucial

Straining to Prevent the Rohingya Genocide: A Sociology of Law Perspective

This paper analyzes the generally muted international response to the protracted plight of the Rohingya, a persecuted Muslim minority in Myanmar, from the perspective of sociology of law. The first

The Challenges of Participatory Justice for Public Adjudication

Another important theme to consider in civil justice is the convergence of a number of phenomena identified in civil procedure: the move toward alternative dispute resolution (ADR), the preference