Law, Culture, and Ritual: Disputing Systems in Cross-Cultural Context / Edition 1

Law, Culture, and Ritual: Disputing Systems in Cross-Cultural Context / Edition 1

by Oscar G Chase
     
 

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ISBN-10: 0814716792

ISBN-13: 2900814716792

Pub. Date: 01/01/2007

Publisher: New York University Press

Disputing systems are products of the societies in which they operate—they originate and mutate in response to disputes that are particular to specific social, cultural, and political contexts. Disputing procedures, therefore, are an important medium through which fundamental beliefs, values, and symbols of culture are communicated, preserved, and sometimes

Overview

Disputing systems are products of the societies in which they operate—they originate and mutate in response to disputes that are particular to specific social, cultural, and political contexts. Disputing procedures, therefore, are an important medium through which fundamental beliefs, values, and symbols of culture are communicated, preserved, and sometimes altered. In Law, Culture, and Ritual, Oscar G. Chase uses interdisciplinary scholarship to examine the cultural contexts of legal institutions, and presents several case studies to demonstrate that the processes used for resolving disputes have a cultural origin and impact.

Ranging from the dispute resolution practices of the Azande, a technologically simple, small-scale African society, to the rise of discretionary authority in civil litigation in America, Chase challenges the claims of some scholars that official dispute systems are more reflective of the interests and preferences of elite professionals than of the cultures in which they are embedded.

Product Details

ISBN-13:
2900814716792
Publisher:
New York University Press
Publication date:
01/01/2007
Edition description:
New Edition
Pages:
224

Table of Contents


Foreword   Jerome S. Bruner     ix
Preface     xiii
Introduction     1
The Lesson of the Azande     15
"Modern" Dispute-Ways     30
American "Exceptionalism" in Civil Litigation     47
The Discretionary Power of the Judge in Cultural Context     72
The Rise of ADR in Cultural Context     94
The Role of Ritual     114
How Disputing Influences Culture     125
Conclusion     138
Afterword:{09}The Classroom and the Terror of Relativism     141
Notes     145
Bibliography     185
Index     197
About the Author     207

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