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Ole Hammerslev

Ole Hammerslev

Professor

Ole Hammerslev

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

Author

  • Annette Olesen
  • Ole Hammerslev

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