Legal Pluralism in an American Community: Perspectives on a Civil Trial Court

1980 ◽  
Vol 5 (03) ◽  
pp. 425-454 ◽  
Author(s):  
David M. Engel
Keyword(s):  
Empirical Study ◽  
Community Setting ◽  
Legal Pluralism ◽  
Trial Court ◽  
Community Perspectives ◽  
Contractual Agreements ◽  
American Society ◽  
Civil Trial ◽  
Dispute Processing

This article explores the role of a local trial court in terms of the plurality of legal systems—both formal and informal—found in the community in which the court operates. The concept of legal pluralism in American society is examined, and a comparison is made between the study of plural normative systems and the study of disputes and dispute processing. Two examples of legal pluralism drawn from an empirical study of a midwestern community are presented: the first exploring oral contractual agreements among farmers and the second examining formal and informal norms concerning divorce. The application of this form of analysis is found to reveal important distinctions between the manifest and latent functions that the trial court performs in its community setting.

scholarly journals Cases, Conflict, and Accommodation: Patterns of Legal Interaction in an American Community

1983 ◽  
Vol 8 (4) ◽  
pp. 803-874 ◽  
Author(s):  
David M. Engel
Keyword(s):  
Conflict Resolution ◽  
Empirical Study ◽  
Social Relationships ◽  
Local Level ◽  
Trial Court ◽  
Trial Courts ◽  
Indigenous Law ◽  
Civil Cases ◽  
Complex Relationships ◽  
Civil Trial

This article provides an overview of an empirical study of a civil trial court and the environment of indigenous law and conflict resolution in which the court operates. The article combines an analysis of civil cases and litigants with an investigation of alternative nonjudicial approaches used by residents of the community. The first section of the article examines the emergence of legal conflicts from the fabric of social relationships in the community and compares cases and parties in the court with those that gravitate toward nonjudicial settings. The second section compares processes and outcomes available in the court with those that may be obtained nonjudicially. The article concludes that different categories of cases emerge from different kinds of social relationships and for this reason are associated with fundamentally dissimilar patterns of values, norms, procedures, and outcomes. It also emphasizes the benefits to be obtained from investigating the complex relationships and interchanges that link local level trial courts to their communities.

An Empirical Study of the Role of Trust in SNS

2011 ◽  
Vol 12 (5) ◽  
pp. 183-205
Author(s):  
Sunghoon Jung ◽  
딴툿우
Keyword(s):  
Empirical Study

The Philosophy and Rhetoric of Auditor Independence Concepts

2004 ◽  
Vol 14 (3) ◽  
pp. 355-376 ◽  
Author(s):  
Sara Ann Reiter ◽  
Paul F. Williams
Keyword(s):  
Collective Responsibility ◽  
Auditor Independence ◽  
Early Years ◽  
Moral Foundation ◽  
Corporate Scandals ◽  
Economic Man ◽  
Accounting Scandals ◽  
Relational Concepts ◽  
American Society

Abstract:This paper analyzes the rhetoric surrounding the profession’s presentations of auditor independence. We trace the evolution of the character of the auditor from Professional Man in the early years of the twentieth century to the more public and abstract figures of Judicial Man and Economic Man. The changing character of the auditor in the profession’s narratives of legitimation reflects changes in the role of auditing, in the economic environment, and in the values of American society. Economic man is a self-interested and shallow character who offered the auditing profession little protection against involvement in corporate scandals. In the wake of recent accounting scandals, the profession is calling for a return to the character of Professional Man to restore trust in audits and the financial markets.We also analyze the philosophical bases of the metaphors surrounding auditor independence. These metaphors, particularly the metaphor of independence as separation, create problems in conceptualizing independence concepts. How can you discuss appropriate relationships when your basic concept is one of separation, or no relationship? On the other hand, relational concepts of independence are also flawed if they are not based on a firm moral foundation. We suggest how the profession can act to rebuild its moral foundation through recognition of collective responsibility.

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