Social Construction and Transformation of Disputes
Published in International Encyclopedia of Social and Behavioral Sciences, Neil J. Smelser & Paul B. Baltes, eds.
The social construction of disputes refers to the process by which injuries are perceived and asserted as claims before a third party. Disputes are not objective events, but are social constructs. Transformation of disputes refers to change in their form or content as they are rephrased into legal language and as other participants become involved in the disputing process. Key contributions of the dispute transformation perspective include psychological insight into the perception and assertion of grievances; sociological analysis of the distribution of grievances, claims, and court cases for different types of injuries or problems; empirical work on the role of lawyers in transforming disputes; anthropological study of language and conflict; and political science research on how courts and other institutions shape the construction of disputes. Understanding how disputes emerge and are transformed links a microanalysis of dispute resolution with a macroview of Law, political order and change.
Law | Law and Society
Mather, Lynn, "Social Construction and Transformation of Disputes" (2001). Contributions to Books. 322.