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NCJ Number: 67150 Find in a Library
Title: ON THE EVALUATION OF PROCEDURAL SYSTEMS IN LABORATORY EXPERIMENTS - A CRITIQUE OF THIBAUT AND WALKER
Journal: LAW AND HUMAN BEHAVIOR  Volume:3  Issue:1-2  Dated:(1979)  Pages:21-38
Author(s): R M HAYDEN; J K ANDERSON
Corporate Author: Plenum Publishing Corp
United States of America
Date Published: 1979
Page Count: 18
Sponsoring Agency: Plenum Publishing Corp
New York, NY 10013-1576
Type: Report (Study/Research)
Format: Article
Language: English
Country: United States of America
Annotation: SERIOUS FLAWS EXIST IN THE SERIES OF EXPERIMENTAL STUDIES CONDUCTED BY PROFESSORS WALKER AND THIBAUT INVESTIGATING THE RELATIVE MERITS OF DIFFERENT PROCEDURAL SYSTEMS FOR LITIGATION.
Abstract: THREE PRIMARY WEAKNESSES ERODE THE EXPERIMENTAL DESIGN OF THEIR PARTICULAR EXPERIMENTS. NO BASIS IS SUGGESTED FOR THE USE OF DISTRIBUTION OF CONTROL AS THE BASIC VARIABLE FOR ASSESSING THE JUSTICE OF ALL FORMS OF LEGAL AND NONLEGAL DISPUTE RESOLUTION. NO EXPERIMENTAL SUPPORT IS FOUND FOR THE CLAIM THAT THE ADVERSARY SYSTEM IS THE MOST EFFECTIVE MEANS FOR DETERMINING TRUTH BECAUSE MORE FACTS WILL BE 'FERRETED OUT.' FINALLY, THIBAUT AND WALKER DO NOT SUCCEED IN EXPERIMENTALLY DEMONSTRATING THE SUPERIORITY OF THE ADVERSARY SYSTEM IN MODERATING PREEXISTING BIAS AMONG DECISIONMAKERS. A SECOND MAJOR CRITICISM OF WALKER AND THIBAUT'S WORK IS THAT TWO TYPES OF COST ASSOCIATED WITH THE ADVERSARY SYSTEM HAVE NOT BEEN CONSIDERED; I.E., THE COSTS TO THE SYSTEM ITSELF AND THE COSTS TO THE CLIENTS OF ADVERSARIAL SYSTEMS, INCLUDING THE MONETARY COSTS AND THE EFFECT PROCEEDINGS MAY HAVE ON THE RELATIONSHIP OF THE PARTIES TO A CASE. A THIRD MAJOR CRITICISM IS THAT CULTURAL AND SUBJECTIVE BIASES ARE APPARENT IN EXPERIEMENTS DESIGNED TO MEASURE TRANSNATIONAL NORMATIVE PREFERENCES FOR PROCEDURAL SYSTEMS. IT IS CONCLUDED THAT, ALTHOUGH EXPERIMENTAL RESEARCH INDICATING HOW PEOPLE FEEL ABOUT A LEGAL SYSTEM IS VALUABLE, OBJECTIVE MEASUREMENT OF THE INCIDENCE OF SUCH FEELINGS DOES NOT NECESSARILY REVEAL ANYTHING ABOUT THE OBJECTIVE QUALITIES OF THE SYSTEMS BEING CONSIDERED. REFERENCES ARE PROVIDED. (DEG)
Index Term(s): Critiques; Research; Research methods; Trial procedures
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=67150

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