The Dispute Tree and the Legal Forest

Author:

Albiston Catherine R.1,Edelman Lauren B.1,Milligan Joy1

Affiliation:

1. Jurisprudence and Social Policy Program, University of California Berkeley School of Law, Berkeley, California 94720;

Abstract

Since the Civil Litigation Research Project in the 1980s, sociolegal researchers have referenced the metaphor of the dispute pyramid to understand dispute resolution. The pyramid focuses on formal legal dispute resolution and represents disputes as a linear process of attrition in which only a small proportion of perceived injuries proceed to adjudication. Although a fertile metaphor, the dispute pyramid approach left important processes undertheorized and understudied. We propose a new metaphor: the dispute tree. The dispute tree has many branches, both legal and nonlegal, through which grievances may be resolved. Grievances may move along several branches simultaneously, and dispute resolution may be a nonlinear process. Branches represent the evolving nature of disputes as living organisms that may bear flowers and fruit or may wither and die. Not only dispute trees but also their forests are subjects for study. Dispute trees exist in social environments that may foster or inhibit healthy growth; they may grow within public or privately governed forests. We argue that the dispute tree metaphor better represents decades of research on disputing, which has identified myriad disputing channels outside of courts, as well as both individual and collective mobilization. We also believe that this new metaphor for disputes and the dispute process will open new avenues of inquiry.

Publisher

Annual Reviews

Subject

Law,Sociology and Political Science

Cited by 70 articles. 订阅此论文施引文献 订阅此论文施引文献,注册后可以免费订阅5篇论文的施引文献,订阅后可以查看论文全部施引文献

同舟云学术

1.学者识别学者识别

2.学术分析学术分析

3.人才评估人才评估

"同舟云学术"是以全球学者为主线,采集、加工和组织学术论文而形成的新型学术文献查询和分析系统,可以对全球学者进行文献检索和人才价值评估。用户可以通过关注某些学科领域的顶尖人物而持续追踪该领域的学科进展和研究前沿。经过近期的数据扩容,当前同舟云学术共收录了国内外主流学术期刊6万余种,收集的期刊论文及会议论文总量共计约1.5亿篇,并以每天添加12000余篇中外论文的速度递增。我们也可以为用户提供个性化、定制化的学者数据。欢迎来电咨询!咨询电话:010-8811{复制后删除}0370

www.globalauthorid.com

TOP

Copyright © 2019-2024 北京同舟云网络信息技术有限公司
京公网安备11010802033243号  京ICP备18003416号-3