William L F Felstiner
Dados Biográficos
| ID | 178177 |
|---|---|
| NOME | William L F Felstiner |
| PRENOMES | William L F |
| SOBRENOME | Felstiner |
| ASSINATURA | FELSTINER W L F |
| AFILIAÇÕES | American Bar Foundation |
| VERIFICADO | Não |
| TOTAL DE OBRAS | 14 |
| TOTAL DE CITAÇÕES | 769 |
| TOTAL COMO AUTOR | 14 |
| TOTAL COMO EDITOR | 0 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 1974 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 1995 |
| ÍNDICE H | 9 |
Divorce Lawyers and Their Clients
Each year more than 2 million Americans divorced, and most of them use a lawyer. In closed-door conversations between lawyers and their clients strategy is planned, tactics are devised, and the emotional climate of the divorce is established. Do lawyers contribute to the pain and emotional difficulty of divorce by escalating demands and encouraging unreasonable behavior? Do they take advantage of clients at a time of emotional difficulty? Can and…
L'émergence et la transformation des litiges
Felstiner William L. F., Abel Richard L., Sarat Austin. L'émergence et la transformation des litiges : réaliser, reprocher, réclamer. In: Politix, vol. 4, n°16, Quatrième trimestre 1991. Causes entendues - Les constructions du mécontentement (1) sous la direction de Annie Collovald et Brigitte Gaïti. pp. 41-54
In the Eye of the Beholder
Little is known about the reactions of tort litigants to traditional and alternative litigation procedures. To explore this issue, we interviewed litigants in personal injury cases in three state courts whose cases had been resolved by trial, court-annexed arbitration, judicial settlement conferences, or bilateral settlement. The litigants viewed the trial and arbitration procedures as fairer than bilateral settlement, apparently because they bel…
Neoclassical Difficulties
Economists often claim that the tort system leads firms to provide consumers and workers with the socially optimal level of safety. Moreover, in the case of work‐related hazards, employers are alleged to have another source of incentives to take precautions. If wages are sensitive to job‐related risks, employers should spend money to reduce such risks when, by doing so, they can save more in wage costs than the costs of the precautions taken.What…
Lawyers and Legal Consciousness
Two very different pictures of mass legal consciousness 1 have wide currency in contemporary legal scholarship.The first is one of public cynicism, of instrumentalism without conviction, of citizens both litigious and, at the same time, alienated from the legal system. 2 This image of mass legal consciousness informs many accounts of the so-called "litigation explosion" ' and suggests that legal institutions are no longer accorded sufficient legi…
Law and Social Relations
Drawing on C. Wright Mills' analysis of vocabularies of motive, this paper examines the ways lawyers and clients interpret and give meaning to the social behavior involved in the legal process of divorce. Based on observation of 115 law office conferences, the paper describes discussions between lawyers and clients concerning marriage failure, problems in the legal process, and planning strategy. It shows how lawyers and clients bring different a…
Learning from the Field
Law and Strategy in the Divorce Lawyer's Office
In the research from which this paper is derived, we have observed and tape-recorded approximately 115 lawyer-client conferences. Our observations were made in two sites, one in California and one in Massachusetts. In this paper we take an in-depth look at the nature of lawyer-client discourse by focusing on one conference. We explore three of the most important themes in that discourse. First is the discussion and characterization of the legal s…
The Impact of Fee Arrangement on Lawyer Effort
This paper focuses on the impact of fee arrangement on the amount of time lawyers are likely to devote to civil cases ("effort"). Drawing upon data collected by the Civil Litigation Research Project, we compare the behavior of lawyers working on an hourly fee basis with the behavior of contingent fee lawyers. Like previous work on this issue, the paper finds that fee arrangement does influence the amount of effort lawyers devote to a given case. …
The Emergence and Transformation of Disputes
The emergence and transformation of disputes, especially before they enter formal legal institutions, is a neglected topic in the sociology of law. We provide a framework for studying the processes by which unperceived injurious experiences are-or are not-perceived (naming), do or do not become grievances (blaming) and ultimately disputes (claiming), as well as for subsequent transformations. We view each of these stages as subjective, unstable, …
Studying Disputes by Survey
Plea Contracts in West Germany
Many routine criminal cases in central Europe are concluded by an abbreviated process known as the penal order. The penal order is a written proposal by the state to a defendant stipulating the crime committed and the penalty to be levied if the defendant does not object. This paper describes the West German version of the penal order and argues that it avoids some of the negative practices allegedly inherent in American plea bargaining
Avoidance as Dispute Processing
I have suggested (1974) that in societies such as the United States, where non-governmental institutionalized mediation and adjudication of interpersonal disputes are infrequent, some of the slack may be absorbed by avoidance. I implied that avoidance would generally have lower costs in the United States than in societies where such mediation and adjudication are widely available. Danzig and Lowy (1975: 676-682) argue that I have underestimated t…
Influences of Social Organization on Dispute Processing
Man is an ingenious social animal. Institutionalized responses to interpersonal conflict, for instance, stretch from song duels and witchcraft to moots and mediation to self-conscious therapy and hierarchical, professionalized courts. The dispute processing practices prevailing in any particular society are a product of its values, its psychological imperatives, its history and its economic, political and social organization. It is unlikely that …
The Emergence and Transformation of Disputes
The emergence and transformation of disputes, especially before they enter formal legal institutions, is a neglected topic in the sociology of law. We provide a framework for studying the processes by which unperceived injurious experiences are-or are not-perceived (naming), do or do not become grievances (blaming) and ultimately disputes (claiming), as well as for subsequent transformations. We view each of these stages as subjective, unstable, …
Influences of Social Organization on Dispute Processing
Man is an ingenious social animal. Institutionalized responses to interpersonal conflict, for instance, stretch from song duels and witchcraft to moots and mediation to self-conscious therapy and hierarchical, professionalized courts. The dispute processing practices prevailing in any particular society are a product of its values, its psychological imperatives, its history and its economic, political and social organization. It is unlikely that …
Law and Strategy in the Divorce Lawyer's Office
In the research from which this paper is derived, we have observed and tape-recorded approximately 115 lawyer-client conferences. Our observations were made in two sites, one in California and one in Massachusetts. In this paper we take an in-depth look at the nature of lawyer-client discourse by focusing on one conference. We explore three of the most important themes in that discourse. First is the discussion and characterization of the legal s…
In the Eye of the Beholder
Little is known about the reactions of tort litigants to traditional and alternative litigation procedures. To explore this issue, we interviewed litigants in personal injury cases in three state courts whose cases had been resolved by trial, court-annexed arbitration, judicial settlement conferences, or bilateral settlement. The litigants viewed the trial and arbitration procedures as fairer than bilateral settlement, apparently because they bel…
Law and Social Relations
Drawing on C. Wright Mills' analysis of vocabularies of motive, this paper examines the ways lawyers and clients interpret and give meaning to the social behavior involved in the legal process of divorce. Based on observation of 115 law office conferences, the paper describes discussions between lawyers and clients concerning marriage failure, problems in the legal process, and planning strategy. It shows how lawyers and clients bring different a…
Lawyers and Legal Consciousness
Two very different pictures of mass legal consciousness 1 have wide currency in contemporary legal scholarship.The first is one of public cynicism, of instrumentalism without conviction, of citizens both litigious and, at the same time, alienated from the legal system. 2 This image of mass legal consciousness informs many accounts of the so-called "litigation explosion" ' and suggests that legal institutions are no longer accorded sufficient legi…
L'émergence et la transformation des litiges
Felstiner William L. F., Abel Richard L., Sarat Austin. L'émergence et la transformation des litiges : réaliser, reprocher, réclamer. In: Politix, vol. 4, n°16, Quatrième trimestre 1991. Causes entendues - Les constructions du mécontentement (1) sous la direction de Annie Collovald et Brigitte Gaïti. pp. 41-54
Avoidance as Dispute Processing
I have suggested (1974) that in societies such as the United States, where non-governmental institutionalized mediation and adjudication of interpersonal disputes are infrequent, some of the slack may be absorbed by avoidance. I implied that avoidance would generally have lower costs in the United States than in societies where such mediation and adjudication are widely available. Danzig and Lowy (1975: 676-682) argue that I have underestimated t…
The Impact of Fee Arrangement on Lawyer Effort
This paper focuses on the impact of fee arrangement on the amount of time lawyers are likely to devote to civil cases ("effort"). Drawing upon data collected by the Civil Litigation Research Project, we compare the behavior of lawyers working on an hourly fee basis with the behavior of contingent fee lawyers. Like previous work on this issue, the paper finds that fee arrangement does influence the amount of effort lawyers devote to a given case. …
Neoclassical Difficulties
Economists often claim that the tort system leads firms to provide consumers and workers with the socially optimal level of safety. Moreover, in the case of work‐related hazards, employers are alleged to have another source of incentives to take precautions. If wages are sensitive to job‐related risks, employers should spend money to reduce such risks when, by doing so, they can save more in wage costs than the costs of the precautions taken.What…
Plea Contracts in West Germany
Many routine criminal cases in central Europe are concluded by an abbreviated process known as the penal order. The penal order is a written proposal by the state to a defendant stipulating the crime committed and the penalty to be levied if the defendant does not object. This paper describes the West German version of the penal order and argues that it avoids some of the negative practices allegedly inherent in American plea bargaining
Studying Disputes by Survey
Influences of Social Organization on Dispute Processing
Man is an ingenious social animal. Institutionalized responses to interpersonal conflict, for instance, stretch from song duels and witchcraft to moots and mediation to self-conscious therapy and hierarchical, professionalized courts. The dispute processing practices prevailing in any particular society are a product of its values, its psychological imperatives, its history and its economic, political and social organization. It is unlikely that …
Avoidance as Dispute Processing
I have suggested (1974) that in societies such as the United States, where non-governmental institutionalized mediation and adjudication of interpersonal disputes are infrequent, some of the slack may be absorbed by avoidance. I implied that avoidance would generally have lower costs in the United States than in societies where such mediation and adjudication are widely available. Danzig and Lowy (1975: 676-682) argue that I have underestimated t…
Plea Contracts in West Germany
Many routine criminal cases in central Europe are concluded by an abbreviated process known as the penal order. The penal order is a written proposal by the state to a defendant stipulating the crime committed and the penalty to be levied if the defendant does not object. This paper describes the West German version of the penal order and argues that it avoids some of the negative practices allegedly inherent in American plea bargaining
The Emergence and Transformation of Disputes
The emergence and transformation of disputes, especially before they enter formal legal institutions, is a neglected topic in the sociology of law. We provide a framework for studying the processes by which unperceived injurious experiences are-or are not-perceived (naming), do or do not become grievances (blaming) and ultimately disputes (claiming), as well as for subsequent transformations. We view each of these stages as subjective, unstable, …
Studying Disputes by Survey
The Impact of Fee Arrangement on Lawyer Effort
This paper focuses on the impact of fee arrangement on the amount of time lawyers are likely to devote to civil cases ("effort"). Drawing upon data collected by the Civil Litigation Research Project, we compare the behavior of lawyers working on an hourly fee basis with the behavior of contingent fee lawyers. Like previous work on this issue, the paper finds that fee arrangement does influence the amount of effort lawyers devote to a given case. …
Law and Strategy in the Divorce Lawyer's Office
In the research from which this paper is derived, we have observed and tape-recorded approximately 115 lawyer-client conferences. Our observations were made in two sites, one in California and one in Massachusetts. In this paper we take an in-depth look at the nature of lawyer-client discourse by focusing on one conference. We explore three of the most important themes in that discourse. First is the discussion and characterization of the legal s…
Learning from the Field
Law and Social Relations
Drawing on C. Wright Mills' analysis of vocabularies of motive, this paper examines the ways lawyers and clients interpret and give meaning to the social behavior involved in the legal process of divorce. Based on observation of 115 law office conferences, the paper describes discussions between lawyers and clients concerning marriage failure, problems in the legal process, and planning strategy. It shows how lawyers and clients bring different a…
Neoclassical Difficulties
Economists often claim that the tort system leads firms to provide consumers and workers with the socially optimal level of safety. Moreover, in the case of work‐related hazards, employers are alleged to have another source of incentives to take precautions. If wages are sensitive to job‐related risks, employers should spend money to reduce such risks when, by doing so, they can save more in wage costs than the costs of the precautions taken.What…
Lawyers and Legal Consciousness
Two very different pictures of mass legal consciousness 1 have wide currency in contemporary legal scholarship.The first is one of public cynicism, of instrumentalism without conviction, of citizens both litigious and, at the same time, alienated from the legal system. 2 This image of mass legal consciousness informs many accounts of the so-called "litigation explosion" ' and suggests that legal institutions are no longer accorded sufficient legi…
In the Eye of the Beholder
Little is known about the reactions of tort litigants to traditional and alternative litigation procedures. To explore this issue, we interviewed litigants in personal injury cases in three state courts whose cases had been resolved by trial, court-annexed arbitration, judicial settlement conferences, or bilateral settlement. The litigants viewed the trial and arbitration procedures as fairer than bilateral settlement, apparently because they bel…
L'émergence et la transformation des litiges
Felstiner William L. F., Abel Richard L., Sarat Austin. L'émergence et la transformation des litiges : réaliser, reprocher, réclamer. In: Politix, vol. 4, n°16, Quatrième trimestre 1991. Causes entendues - Les constructions du mécontentement (1) sous la direction de Annie Collovald et Brigitte Gaïti. pp. 41-54
Divorce Lawyers and Their Clients
Each year more than 2 million Americans divorced, and most of them use a lawyer. In closed-door conversations between lawyers and their clients strategy is planned, tactics are devised, and the emotional climate of the divorce is established. Do lawyers contribute to the pain and emotional difficulty of divorce by escalating demands and encouraging unreasonable behavior? Do they take advantage of clients at a time of emotional difficulty? Can and…
Political science (12 obras) · Law (8 obras) · Sociology (8 obras) · Law (7 obras) · Psychology (7 obras) · Business (5 obras) · Legal Education and Practice Innovations (5 obras) · Criminology (4 obras) · Law, Economics, and Judicial Systems (4 obras) · Computer Science (3 obras)