LS308 -Unit 4: - Assignment
Kaplan University – July 23, 2013
According to anthropologists Lauren Nader and Harry F. Todd, disputes are described as “a problem that escalates beyond an initial disagreement” (Steven Barkan, Law and Society: An Introduction, 2009). There are three stages to the dispute process that Nader and Todd talk about. The first stage is called grievance, the second conflict, and the final dispute. Every stage has its own description and characteristics
In the first stage, grievance, there is a situation or disagreement that one part has found has unfair or unjust. Nader and Todd make sure to point out that this grievance can be real or just ...view middle of the document...
Mary and Ann are in the first stage, grievance. At first Mary tries to lump it by deciding to pick up the slack and hope that Ann catches on and begins to do her share again.
Once Ann continues to slack off and Mary gets fed up she brings the problem to Ann. They are now in the second stage, conflict. If Mary and Ann can talk about the situation and come to a conclusion on their own, they will not go into the third stage. Mary tells their mutual friend Greg, who then steps in to try and help them resolve the problem. They are now they are officially in the third stage. Say for instance though, that Mary decides that if Ann does not get it after she has had to pick up her slack she will just file a lawsuit in civil court against her for her share of the bills. This would mean that they skipped the conflict stage and went right on to the dispute stage. If while in the dispute stage Ann decides that she does not want to fight with her friend Mary and decides to give in a pay half of all the bills and do half the up keep, then they went from dispute back to grievance.
An additional typology of dispute comes from scholars William L.F. Felstiner, Richard L. Abel, and Austin Sarat (Steven Barkan, Law and Society: An Introduction, 2009). In this typology they focus on a concept and four stages in the dispute process. The concept they focus on is the concept of an injurious experience (Steven Barkan, Law and Society: An Introduction, 2009). An injurious experience is a “situation where people are being hurt (in terms of their health, finances, or some other way) whether they realize it or not.”
The first stage is called the unperceived injurious experience stage (Steven Barkan, Law and Society: An Introduction, 2009).
In the popular case involving Erin Brockovich, the residents of Hinkley were being poisoned by Pacific Gas & Electric through their drinking water (Erin Brockovich, Biography. (2010) http://www.brockovich.com/mystory.html (Retrieved on 7/17/2013). The residents did not know. Brokovich was able to uncover that PG&E had been leaking toxic Chromium 6 into the ground water and affecting the populations’ health ((Erin Brockovich, Biography. (2010) Biography. (2010) http://www.brockovich.com/mystory.html (Retrieved on 7/17/2013). According to Felstiner, Abel, and Sarat those residents were in the first stage of the dispute process.
When the residents of Hinkley learned about...