Ole Hammerslev
Professor
The dynamic and iterative pre-dispute phases: the transformation from a justiciable problem into a legal dispute
Author
Summary, in English
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.
Department/s
- Department of Sociology of Law
Publishing year
2023
Language
English
Pages
120-138
Publication/Series
Journal of Law and Society
Volume
50
Issue
1
Document type
Journal article
Publisher
John Wiley & Sons Inc.
Topic
- Law and Society
Status
Published
ISBN/ISSN/Other
- ISSN: 0263-323X