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The dynamic and iterative pre-dispute phases: the transformation from a justiciable problem into a legal dispute

Olesen, Annette and Hammerslev, Ole LU orcid (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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author
and
organization
publishing date
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}},
}