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NCJ Number: 119838 Find in a Library
Title: Dispute Processing in Law and Legal Scholarship: From Institutional Critique to the Reconstruction of the Juridical Subject
Journal: Denver University Law Review  Volume:66  Issue:3  Dated:(1989)  Pages:437-498
Author(s): S Silbey; A Sarat
Date Published: 1989
Page Count: 62
Type: Issue Overview
Format: Article
Language: English
Country: United States of America
Annotation: This article describes and assesses struggles over dispute processing within the legal profession.
Abstract: The politics of the contemporary alternative dispute resolution (ADR) movement within legal institutions is examined as well as conflicts created in legal education by the modern social scientific study of law. While many in the legal profession consider ADR as a threat, ADR has extended the reach of the legal field by solving problems less expensively and in shorter time than traditional legal trials. The work of pioneer scholars in the anthropology of law is discussed, and the authors argue that the traditional jurisprudence of rights, as represented by the courts, has been replaced by a jurisprudence of interests and needs represented by ADR. A jurisprudence based on interests and needs will ultimately strengthen the legal profession. 267 footnotes.
Main Term(s): Behavioral and Social Sciences
Index Term(s): Alternative dispute settlement; Dispute processing; Jurisprudence
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=119838

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