Claiming Behavior as Legal Mobilization

Research output: Chapter in Book/Report/Conference proceedingChapter

3 Scopus citations

Abstract

This article analyzes the concept of the legal mobilization of laws and institutions for the redressal of "justiciable" problems-problems for which a remedy can potentially be obtained through legal processes. The disputeprocessing approach initiates the naming, blaming, claiming framework, to understand the reasons that substantial "perceived injurious experiences" (PIE) do not mature into lawsuits. This article proceeds further with the discussion of the idea of a "dispute pyramid." This method presents a real problem of asserting injuries that are unperceived, subjective in nature. Broad methodological approaches are applied in empirical research regarding claiming. The expansive methodological spectrum includes, structured surveys, institutional records ethnography etc. This article then examines the explanations that have been advanced for variations in claiming patterns, both at the individual and the aggregate levels. It analyses the points of general agreement and issues where agreement is lacking and proposes an agenda for future research related to claiming.

Original languageEnglish (US)
Title of host publicationThe Oxford Handbook of Empirical Legal Research
EditorsPeter Cane, Herbert M. Kritzer
Place of PublicationOxford, England
PublisherOxford University Press
Pages260-284
ISBN (Electronic)9780191743641
ISBN (Print)9780199542475
DOIs
StatePublished - 2010

Keywords

  • Claiming patterns
  • Dispute-processing approach
  • Legal mobilization
  • Methodological spectrum
  • Perceived injurious experiences

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