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NCJ Number: 67285 Add to Shopping cart Find in a Library
Title: LITIGIOUS MARGINALS - CHARACTER AND DISPUTING IN A BAVARIAN VILLAGE (FROM DISPUTING PROCESS - LAW IN TEN SOCIETIES, 1978, BY LAURA NADER AND HARRY F TODD, JR SEE NCJ-67284)
Author(s): H F TODD
Corporate Author: Columbia University Press
United States of America
Date Published: 1978
Page Count: 36
Sponsoring Agency: Columbia University Press
New York, NY 10025
US Dept of Health, Education, and Welfare
Rockville, MD 20852
Grant Number: GM-1224
Type: Report (Study/Research)
Format: Document
Language: English
Country: United States of America
Annotation: DISPUTE MECHANISMS IN A BAVARIAN VILLAGE ARE EXAMINED AS THEY RELATE TO THE SOCIAL STATUS HELD BY THE DISPUTANTS.
Abstract: 'GOTTFRIEDING' IS THE PSEUDONYM GIVEN TO A SMALL, RURAL VILLAGE DEEP IN THE BAVARIAN FOREST OF WEST GERMANY. ACCEPTANCE AS AN 'INSIDER' IN GOTTFRIEDING DEPENDS ON BEING A RESIDENT OF THE VILLAGE AND CONFORMING TO THE LONG TRADITION OF COMMUNITY SOCIOECONOMIC NORMS. THOSE WHO CHOOSE TO LIVE BY PERSONAL NORMS INSTEAD OF VILLAGE TRADITIONS ARE CONSIDERED DEVIANTS (MARGINALS). IN THE VILLAGE INSTITUTIONS THAT MANAGE GRIEVANCES AND CONFLICTS, AVOIDANCE, NEGOTIATION, AND MEDIATION ARE EMPHASIZED. OPPORTUNITY FOR NEGOTIATION, MEDIATION, AND CONCILIATION IS ALSO AVAILABLE IN THE OPERATION OF THE RECONCILIATION AGENCY. IN THE COURTS OUTSIDE THE VILLAGE, MEDIATION IS SECONDARY TO ADJUDICATION. MARGINALS ARE DENIED ACCESS TO VILLAGE DISPUTE INSTITUTIONS BECAUSE OF THEIR LOW STATUS IN THE VILLAGE. MARGINALS MUST, THEREFORE, RESPOND TO DISPUTES BY EITHER AVOIDING THE ISSUE, CONFRONTING THE OTHER PARTY DIRECTLY IN AN ATTEMPT TO NEGOTIATE A SETTLEMENT, GO TO THE RECONCILIATION AGENCY TO TRY FOR A MEDIATED SETTLEMENT, OR ATTEND A COURT OUTSIDE THE VILLAGE. FOR A VARIETY OF REASONS, GOING TO A COURT OUTSIDE THE VILLAGE IS THE STEP MOST OFTEN TAKEN. THIS STEP FURTHER ALIENATES MARGINALS FROM THE COMMUNITY, SINCE TRADITION PROSCRIBES TAKING VILLAGE DISPUTES TO AN EXTRAVILLAGE FORUM. WHILE THE MARGINAL MAY GAIN BY A FAVORABLE COURT ACTION, SUCH COURT ACTION WILL FAIL TO IMPROVE THE COMMUNITY STATUS OF THE MARGINAL BECAUSE OF THE UNACCEPTABLE MEANS CHOSEN TO RESOLVE THE DISPUTE. NOTES ARE PROVIDED. (AUTHOR ABSTRACT MODIFIED--RCB)
Index Term(s): Alienation; Case studies; Conflict resolution; Court structure; Cultural influences; Discrimination; Dispute processing; Dispute resolution; Germany; Mediation; Socially challenged
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=67285

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