Law, Culture, and Ritual
Disputing Systems in Cross-Cultural Context
Published on 1. November 2005
277 pages
978-0-8147-4517-5 (ISBN)
Description
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.
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.
More details
Language
English
Place of publication
New York
United States
Target group
College/higher education
Professional and scholarly
File size
3,24 MB
ISBN-13
978-0-8147-4517-5 (9780814745175)
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Schweitzer Classification
Other editions
Additional editions
Book
01/2007
New York University Press
€36.50
Shipment within 15-20 days
Book
11/2005
New York University Press
€92.50
Shipment within 15-20 days
Persons
Oscar G. Chase is Russell D. Niles Professor of Law at New York University School of Law and is co-director of The Institute of Judicial Administration.
Content
- Intro
- 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 Powerof 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
