Courts and Conflict Resolution
Problems in the Mobilization of Adjudication
Bibliographic Data
| ID | 3530239 |
|---|---|
| Authors | Austin Sarat (Amherst College), Joel B Grossman (University of Wisconsin–Madison) |
| Year | 1975 |
| Volume | 69 |
| Issue | 4 |
| Pages | 1200-1217 |
| Publication date | 1975-12-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | American Political Science Review (JOURNAL) |
| Journal identifiers | ISSN: 0003-0554 • E-ISSN: 1537-5943 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.2307/1955281 |
| OpenAlex | W2314972318 |
| Language | EN |
| Citations received | 30 |
| References cited | 40 |
This article attempts to assess the role of courts and other adjudicative institutions in the definition, interpretation, and management of conflict. Understanding the function of courts requires an understanding of a society's entire range of conflict management mechanisms. Particular emphasis is placed on those variables most likely to determine where and how conflicts will be solved.Adjudicative institutions can be effectively differentiated by a typology which measures the level of formality in procedures and the degree of "publicness." The structure of a dispute-resolving institution will have an important effect on which disputes are presented to it and how they are decided. The nature of the dispute, goals of the disputants, social context, and political culture are also important variables.Government has an important stake in the manner in which disputes arise and are resolved. It may promote or require the resolution of some disputes in the courts while allowing others to be resolved in less public and formal arenas. Formal litigation may provide a model for private dispute resolution. It may also absorb and deflect grievances before they escalate into more organized and intense demands on the political system. Finally, litigation may have an important effect on system stability by promoting support for regime values
Adjudication · Alternative dispute resolution · Conflict resolution · Context (archaeology · Dispute mechanism · Dispute resolution · Formality · Government (linguistics · Institution · Interpretation (philosophy · Law and economics · Political science · Politics · Sociology · Typology · Judicial and Constitutional Studies · Law · Law, Economics, and Judicial Systems · Legal and Constitutional Studies
What is a “case”?
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Litigation, credit, crisis
U.S. Government Litigation Strategies in the Federal Appellate Courts
From Complacence to Compliance
Technique as empowerment
Political Frames and Legal Activity
Thinking Disputes
A State Court's Clientele
The Twilight of Adversariness
Alternatives in Dispute Processing
Case Processing
Afterword
Thinking About Courts
The Recent Politics of the United States Supreme Court
From simplicity to complexity
L'Espansione Del Potere Giudiziario Nelle Democrazie Contemporanee
Magistratura E Politica
Alternative Models of Appeal Mobilization in Judicial Hierarchies
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Technological Disasters, Litigation Stress, and the Use of Alternative Dispute Resolution Mechanisms
The Politics of Participation and Nonparticipation in Dispute Processes
Researching the Supreme Court in a Democratic Pluralist System
Civil Litigation in Illinois Trial Courts
Regulatory Reform
Litigation in the Federal Courts
The Costs and Benefits of American Policy-Making Venues
Private Use of a Public Forum
L'essor des dérogations au repos dominical dans le commerce
Fiction and Reality
Minorities and the police
Law as a Way of Resolving Conflicts
Varieties of Police Behavior
Law in Culture and Society
The Criminal Process in the People’s Republic of China, 1949–1963
Theft of the Nation
The Limits of the Criminal Sanction
Political Development in Modern Japan
Democracy in America
Small Claims, Complex Disputes
From Public Law to Public Policy, or The “Public” in “Public Law”
Legal Evolution and the Durkheim Hypothesis
Discretionary Justice
The Idea of Right as a Social and Legal Concept
Legal Structures and Restoring Equity 1
The politics of rights
Legal levels and multiplicity of legal systems in human societies
Competition and dissensus
Comparative Judicial Politics
Non-Contractual Relations in Business
Legal Needs of the Poor in the City of Denver
Dispute Settlement in Chinese-American Communities
The Decision to Prosecute
The Public Ordering of Private Relations
A Comparative Theory of Dispute Institutions in Society
Litigation in the Federal Courts
Influences of Social Organization on Dispute Processing
Why the "Haves" Come Out Ahead
Negotiations as a Mode of Dispute Settlement
Islamic Courts in Indonesia
The Judicial Process Among the Barotse of Northern Rhodesia
Legal Evolution and Societal Complexity
| Unique citing works | 30 |
|---|---|
| Citations per year | 0,59 |
| Citation span | 1975 - 2025 (51) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 30 |