Grievances, Claims, and Disputes: Assessing the Adversary Culture

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...

Full description

Saved in:
Bibliographic Details
Published in:Law & society review 1981, Vol.15 (3-4), p.525-566
Main Authors: Miller, Richard E., Sarat, Austin
Format: Article
Language:English
Subjects:
CIVIL LAW
CONFLICT
FAMILY
LAW AND LEGAL SYSTEMS
SOCIOLOGY OF LAW
US POLITICAL INSTITUTIONS, PROCESSES & BEHAVIOR
Citations: Items that cite this one
Online Access:Get full text
Tags: Add Tag
No Tags, Be the first to tag this record!
Description
Summary: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.
ISSN:0023-9216
1540-5893
DOI:10.2307/3053502