Description
Book SynopsisDisputing systems are products of the societies in which they operate. This title examines the cultural contexts of legal institutions, and presents several case studies to demonstrate that the processes used for resolving disputes have a cultural origin and impact.
Trade Review"Law, Culture, and Ritual is a brave, wide-ranging book, deserving to generate discussion in a number of important directions." -Civil Justice Quarterly "Having allowed ourselves to be convinced (wrongly) that we are the most litigious people in the world, Americans have become obsessed with finding (quick) cures. Oscar Chase's book sounds a salutary warning. By presenting striking comparative examples that shatter our parochialism, he forces us to examine the cultural roots of dispute processes." -Richard Abel, Connell Professor of Law, UCLA Law School "A witty and engaging endeavor... A good contribution to our professional knowledge, and it is a must reading." -Law and Politics Book Review "After reading Law, Culture, and Ritual, no one could ever again think that our legal proceedings are nothing more than an efficient method of discovering truth and applying law. Oscar Chase effectively uses a comparative approach to help us to step back from our legal practices and see just how steeped in myths, rituals and traditions they are. Scholars will want to read this book for its contribution to comparative law, but everyone interested in American culture should read this book. Chase shows us that there is no separating law from culture: each informs and maintains the other. Law, Culture, and Ritual is a major step forward in the rapidly expanding field of the cultural study of law." -Paul Kahn, author of The Cultural Study of Law: Reconstructing Legal Scholarship "Oscar G. Chase studies the American legal system in the manner of an anthropologist. By comparing American "dispute ways" with those of other systems, including some commonly believed to be more "primitive," he finds interesting similarities that challenge the premise that we live in a society regulated by a rational and just 'rule of law.'" -New York Law Journal
Table of ContentsForeword by Jerome S. BrunerPreface 1 Introduction 2 The Lesson of the Azande 3 "Modern" Dispute-Ways 4 American "Exceptionalism" in Civil Litigation 5 The Discretionary Power of the Judge in Cultural Context 6 The Rise of ADR in Cultural Context 7 The Role of Ritual 8 How Disputing In?uences Culture 9 Conclusion Afterword: The Classroom and the Terror of Relativism Notes Bibliography Index About the Author
