The dynamic and iterative pre-dispute phases: the transformation from a justiciable problem into a legal dispute
(2023) In Journal of Law and Society 50(1). p.120-138- Abstract
- The pre-dispute phase, during which justiciable problems may or may not emerge and transform into legal cases, is complex. Based on a meta-ethnography of 572 articles, all of which apply or refer to Felstiner et al.’s pioneering linear framework of naming, blaming, and claiming, we analysed the many sorting mechanisms that are at play in the pre-dispute phase. We identified the institutional, political, cultural, and legal environments of various action arenas and the involvement of negotiating audiences as particularly important elements. Moreover, we found that the injured party's experiences and handling of a justiciable problem do not necessarily follow a predetermined chronology. Rather, we suggest that the process is dynamic and... (More)
- The pre-dispute phase, during which justiciable problems may or may not emerge and transform into legal cases, is complex. Based on a meta-ethnography of 572 articles, all of which apply or refer to Felstiner et al.’s pioneering linear framework of naming, blaming, and claiming, we analysed the many sorting mechanisms that are at play in the pre-dispute phase. We identified the institutional, political, cultural, and legal environments of various action arenas and the involvement of negotiating audiences as particularly important elements. Moreover, we found that the injured party's experiences and handling of a justiciable problem do not necessarily follow a predetermined chronology. Rather, we suggest that the process is dynamic and iterative, where the justiciable problem is repeatedly (re)named, (re)blamed, and (re)claimed, before it transforms into a legal case, develops in an alternative direction, or remains unchanged. (Less)
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https://lup.lub.lu.se/record/6e4192bb-558b-45c7-8c56-1ea838a7d8cd
- author
- Olesen, Annette and Hammerslev, Ole LU
- organization
- publishing date
- 2023
- type
- Contribution to journal
- publication status
- published
- subject
- in
- Journal of Law and Society
- volume
- 50
- issue
- 1
- pages
- 19 pages
- publisher
- John Wiley & Sons Inc.
- external identifiers
-
- scopus:85149681457
- ISSN
- 0263-323X
- DOI
- 10.1111/jols.12411
- language
- English
- LU publication?
- yes
- id
- 6e4192bb-558b-45c7-8c56-1ea838a7d8cd
- date added to LUP
- 2023-03-24 15:03:46
- date last changed
- 2023-04-03 11:26:02
@article{6e4192bb-558b-45c7-8c56-1ea838a7d8cd, abstract = {{The pre-dispute phase, during which justiciable problems may or may not emerge and transform into legal cases, is complex. Based on a meta-ethnography of 572 articles, all of which apply or refer to Felstiner et al.’s pioneering linear framework of naming, blaming, and claiming, we analysed the many sorting mechanisms that are at play in the pre-dispute phase. We identified the institutional, political, cultural, and legal environments of various action arenas and the involvement of negotiating audiences as particularly important elements. Moreover, we found that the injured party's experiences and handling of a justiciable problem do not necessarily follow a predetermined chronology. Rather, we suggest that the process is dynamic and iterative, where the justiciable problem is repeatedly (re)named, (re)blamed, and (re)claimed, before it transforms into a legal case, develops in an alternative direction, or remains unchanged.}}, author = {{Olesen, Annette and Hammerslev, Ole}}, issn = {{0263-323X}}, language = {{eng}}, number = {{1}}, pages = {{120--138}}, publisher = {{John Wiley & Sons Inc.}}, series = {{Journal of Law and Society}}, title = {{The dynamic and iterative pre-dispute phases: the transformation from a justiciable problem into a legal dispute}}, url = {{http://dx.doi.org/10.1111/jols.12411}}, doi = {{10.1111/jols.12411}}, volume = {{50}}, year = {{2023}}, }