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Lecture #7 - Oct 22.doc

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Zachary Levinsky

SOC216 Oct 22 , 2013 Lecture #7 Law and Dispute Resolution Galanter – Law Abounding - more laws, lawyers, claims and players with money spent - legal institutions operate in a business-like way - lawyers, administrators and judges more entrepreneurial in (re)designing institutions and procedures - the law is plural, decentralize, issuing from multiple sources - law is in more places - legal work is incredibly costly -> most prized out - more symbolic understanding of the law o rather than coercive - formal ways of settling disputes are being appropriated by the law Goldman and Sarat (pg. 186) - why is there an explosion of litigation o why do we increasingly think of suing – or other more formal institutions - 3 factors explaining litigation o 1. social development  increasing complexity – Durkheim mindset  can’t use informal law for such complex issues/disputes o 2. cost-benefit analysis  increase of cost-benefit analysis  is there a shift in how we make decisions – are we really more aware of cost-benefit • or is there a shift in how we think we make decisions • not necessarily that we are getting better at cost-benefit analysis – but it’s how we think we make decisions • relates to what Galanter was talking about o 3. rights revolution  responsibilities start to get established – whose responsibility is it that rights are followed  with rights come responsibilities – ex. Charter Broader Terms in Governance - 1. the risk management of everything o increasingly, institutions revolve around risk – risk management, risk planning, risk prevention, etc. o defensive mentality o show proper procedure - 2. consumer culture o shifts in institutions – i.e university – shifts in pedagogical institutions o remedy dissatisfaction - 3. politics of blame o not an ‘act of god’ – so who is to blame for this?  ex. school shooting • the answer increasingly isn’t “just the shooter” – what about the schools, officers, family, bystanders, etc. • strategies to deal with things like this – ex. lockdowns o law formal mechanism to partition blame – place blame Legal P
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