It examines case studies from diverse non-Western and Western settings 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 tranform 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 types of active participants. Thus, how the dispute is defined (language) and the roles played by various participants are critical features of the dispute. The article focuses on the agent of transformation, with special attention to the degree of audience participation, particularly in dispute expansion. It suggests 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. Footnotes and a list of cases cited are included. (Author abstract modified)
Downloads
Similar Publications
- Is Juvenile Justice System Involvement Context-Dependent?: The Differential Experiences of Older Foster Youth in the Context of Extended Foster Care
- Intimate partner violence (IPV) and family dispute resolution: A randomized controlled trial comparing shuttle mediation, videoconferencing mediation, and litigation
- Project Safe Neighborhoods: Strategic Interventions - Offender Notification Meetings (Case Study 2)