skip navigation


Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.


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law is discussed, and the authors argue that the traditional jurisprudence of rights, as represented by the courts, has been replaced by a jurisprudence of interests and needs represented by ADR.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:

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.