Grievances, Claims, and Disputes
Assessing the Adversary Culture
Bibliographic Data
| ID | 4085904 |
|---|---|
| Authors | Rebecca E Miller (0000-0002-1057-1849), Richard E Miller, Austin Sarat |
| Year | 1981 |
| Volume | 15 |
| Issue | 3-4 |
| Pages | 525-566 |
| Publication date | 1981-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Law & Society Review (JOURNAL) |
| Journal identifiers | ISSN: 0023-9216 • E-ISSN: 1540-5893 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.2307/3053502 |
| OpenAlex | W2332870034 |
| Language | EN |
| Citations received | 183 |
The existence of a dispute has typically been the starting point for inquiries into dispute processing and resolution. This paper explores the origins of disputes in grievances and claims. It reports on a survey of households estimating the rates of grievances, claims, and disputes which could have been processed by a civil court of general jurisdiction. The paper also explores multivariate models of the probabilities that households experience substantial grievances, that claims for redress are made, and that disputes result. The models assess the contributions of household and problem characteristics to these transitions. By treating disputes as problematic outcomes of injurious experiences, the paper contributes to an assessment of the adversariness of American society
Adversarial system · Adversary · Business · Computer security · Criminology · Law and economics · Political science · Sociology · Computer Science · Conflict Management and Negotiation · Law
From borders to courts
The Sociology of Law
Watchful Awakening
Law and Society
A Comparative Perspective on Settlement and Bargaining in Personal Injury Cases
Law, Mobilization of
The Judicial Process and Public Policy
Law
Disputes, Social Construction and Transformation of
Law as an Instrument of Social Change
Litigation
Negotiation and Bargaining
A Aplicação da Lei Maria da Penha em cena
Strong NGOs and Weak States
What is an appropriate measure of litigation?
What is a “case”?
Legitimacy and online proceedings
Privatization as bureaucratization
The path to human rights in Romania
Evolution and dueling dispute processing
The conditions for progressive rights to bring about social change
Legal mobilisation in detention – the case of victims of violence in Austrian prisons
Soziologie der Beschwerde und Beschwerdestelle
Stronger, but not (yet) an equal. The use of quality improvement instruments and strategies by patient organisations in the Netherlands
Bibliographie
The Politics of Children’s Rights and Representation
Spiralling or Stabilising? The Compensation Culture and Our Propensity to Claim Damages for Personal Injury
Studying Disputes by Survey
Expanding the Horizons of Horizontal Inquiry into Rights Consciousness
Women in the Legal Profession, 1970-2010
Conflict Resolution on Discrimination
Cuando las piedras sangran
Le droit au service de l’égalité ? Comparaison des sociologies du droit de la non-discrimination française et états-unienne
Policy Regulation of Precarious Work Schedules and Bottom-Up Enforcement
What Socio-Legal Scholars Should Do When There Is Too Much Law to Study
The diffusion of federal Title IX complaints throughout U.S. colleges and universities, 1994–2014
Turning on Those Who Turn to the Courts
Being Part of the “Home Team”
Lots of Time They Don’t Pay”
Social Equality and the Mobilization of the Law
Obscured Inequalities in Mechanisms for Managing Workplace Disputes
The role of legal intermediaries in the dispute pyramid
Access to administrative justice and the role of outreach measures
The Unascended Pyramid the Limits of State Response to IPV in Rural Michoacán
Untangling the Concept of Adversarial Legalism
Resistance to Legality
Conflict Resolution in Organizations
Civil Litigants’ Evaluations of Their Legal Experiences
Legal Discrimination
The Dispute Tree and the Legal Forest
Legal Mobilization and Authoritarianism
Courage in Crisis
The People vs. Pollution
U.S. Government Litigation Strategies in the Federal Appellate Courts
There Was a Crooked Man(uscript)
I Won't Give up on My Rights Even If I Don't Get What I Deserve”
Bringing Sociology of Law Back into Pierre Bourdieu's Sociology
Private Legal Orders
The Commodification of Compensation? Personal Injuries Claims In an Age of Consumption
Consent to Sex
Labor Rights for All? The Role of Undocumented Immigrant Status for Worker Claims Making
On Surveying the Whole Legal Forest
Negotiating Strategies for Tax Disputes
A Comparative Perspective on Settlement and Bargaining in Personal Injury Cases
The Datafication of Law
In Their Own Words
The Signaling Effect of Pro se Status
Conceptualizing Legal Mobilization
The Possibility of Rights Claims-Making in Court
Re-visioning the Dependency Crisis and the Negotiator's Dilemma
Public Interest Law Organizations and the Two-Tier System of Access to Justice in the United States
(Un)Changing Rates of Pro Se Litigation in Federal Court
Introduction
Law's Social Forms
Revisiting the Concept of Voice
Closing the Gaps
Underclaiming and Overclaiming
Alienation or Empowerment? Law and Strategies for Social Change
Communities and Culture
Rights of Inclusion
The multiple faces of conflict in organizations
The New Legal Scholarship
Adversarial Legalism and American Government
Violence, racial harassment and council tenants
Legal Adaptation among Vietanmese Refugees in the United States
Doing Justice and Demonstrating Fairness in Small Claims Arbitration
Social Capital and Dispute Resolution in Informal Areas of Cairo and Istanbul
Intersecting Disadvantages
Workplace Dispute Resolution in the Homecare Industry
The Mobilization of Title IX across U.S. Colleges and Universities, 1994-2014
Inside the Pyramid of Disputes
The unintended consequences of increased access to justice
Problem- und Konfliktlösung in wirtschaftlichen Transaktionen
Social influence and the invocation of rights
Street‐Level Tort Law
Law and Inequality
Violence and Local State Formation
Litigant Satisfaction Versus Legal Adequacy in Small Claims Court Narratives
Labor Relations Litigation
Law, Change, and Litigation
| Unique citing works | 183 |
|---|---|
| Citations per year | 4,07 |
| Citation span | 1981 - 2026 (46) |
| Citation velocity | current |
| Highly cited | Yes |
| Citation types | Neutral: 180 |