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NCJ Number: 90494 Add to Shopping cart Find in a Library
Title: Radiating Effects of Courts (From Empirical Theories About Courts, P 117-142, 1983, Keith O Boyum and Lynn Mather, ed. - See NCJ-90490)
Author(s): M Galanter
Date Published: 1983
Page Count: 26
Sponsoring Agency: Longman Inc
New York, NY 10036
National Institute of Justice (NIJ)
Washington, DC 20531
US Dept of Justice NIJ Pub
Washington, DC 20531
Grant Number: 78-NI-AX-0137
Sale Source: Longman Inc
19 West 44th Street
Suite 1012
New York, NY 10036
United States of America
Type: Report (Study/Research)
Language: English
Country: United States of America
Annotation: The courts' main contribution to the resolution of disputes is the provision of a background of norms and procedures against which negotiations and regulation in both private and governmental settings occur.
Abstract: Thus, the activity and effects of a court goes beyond the dispositions of the cases that come before it. Courts' actions communicate to prospective litigants the rules that would govern the adjudication of the dispute; the possible remedies; and estimates of the difficulty, certainty, and costs of obtaining particular outcomes. Court activities also elicit anticipatory compliance or evasive maneuvers outside the judicial process. Furthermore, court activities stigmatize or legitimize particular lines of conduct and encourage or suppress the making of a claim. In the United States, dispute resolution also occurs through indigenous tribunals, which exist through the social orderings present in families, businesses, and other groups. These groups' activities also have effects which spread beyond the specific cases they handle. Their activities communicate norms, symbols, models, and threats. More explicit attention should focus on the indirect educative effects of courts. Attention should also focus on the way in which the scale and complexity of the legal system amplifies the differing effects of local culture and the capabilities of disputants. The complexity of this system means that the messages sent out by courts are less determinate and precise than may at first appear to be the case. However, courts are teachers as well as counselors and provisioners. Fifteen reference notes are provided.
Index Term(s): Court research; Court system; Dispute resolution; United States of America
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