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, Jerome S. Bruner
     
 

ISBN-10: 0814716792

ISBN-13: 9780814716793

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

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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.

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Product Details

ISBN-13:
9780814716793
Publisher:
New York University Press
Publication date:
01/01/2007
Edition description:
New Edition
Pages:
224
Sales rank:
1,048,753
Product dimensions:
6.00(w) x 9.00(h) x 0.51(d)

Table of Contents

Foreword by Jerome S. Bruner
Preface
1 Introduction
2 The Lesson of the Azande
3 “Modern” Dispute-Ways
4 American “Exceptionalism” in Civil Litigation
5 The Discretionary Power of the Judge in Cultural Context
6 The Rise of ADR in Cultural Context
7 The Role of Ritual
8 How Disputing Influences Culture
9 Conclusion
Afterword: The Classroom and the Terror of Relativism
Notes
Bibliography
Index
About the Author

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