The antecedents of disputes: complaining and claiming
This paper focuses on the earliest stages of the problem resolution function of law and legal institutions: the emergence of grievances and their communication to a responsible party as complaints and claims. While the literature on this subject is broad, both in terms of methods and in terms of th...
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Oñati International Institute for the Sociology of Law
2011-04-01
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| Series: | Oñati Socio-Legal Series |
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| Online Access: | https://opo.iisj.net/index.php/osls/article/view/53 |
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| author | Bert Kritzer |
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| author_sort | Bert Kritzer |
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This paper focuses on the earliest stages of the problem resolution function of law and legal institutions: the emergence of grievances and their communication to a responsible party as complaints and claims. While the literature on this subject is broad, both in terms of methods and in terms of the fairly large number of countries where empirical research on this subject has been conducted, it seems appropriate to ask the question, what do we know and not know about this subject? This paper seeks to answer this question and to suggest fruitful avenues of future inquiry. I first discuss the primary metaphors used in the literature. Following that I describe the broad approaches that have been applied in empirical research regarding complaining and claiming. I then examine the explanations that have been advanced for variations in complaining and claiming patterns, both at the individual and the aggregate levels; in this section I identify points of general agreement and issues where agreement is lacking. Finally, I propose an agenda for future research related to complaining and claiming.
DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=1934142
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| format | Article |
| id | doaj-art-cd7a627c63944b3dbfaee5af7f7b014b |
| institution | OA Journals |
| issn | 2079-5971 |
| language | English |
| publishDate | 2011-04-01 |
| publisher | Oñati International Institute for the Sociology of Law |
| record_format | Article |
| series | Oñati Socio-Legal Series |
| spelling | doaj-art-cd7a627c63944b3dbfaee5af7f7b014b2025-08-20T02:23:35ZengOñati International Institute for the Sociology of LawOñati Socio-Legal Series2079-59712011-04-0116The antecedents of disputes: complaining and claimingBert Kritzer0University of Minnesota Law School This paper focuses on the earliest stages of the problem resolution function of law and legal institutions: the emergence of grievances and their communication to a responsible party as complaints and claims. While the literature on this subject is broad, both in terms of methods and in terms of the fairly large number of countries where empirical research on this subject has been conducted, it seems appropriate to ask the question, what do we know and not know about this subject? This paper seeks to answer this question and to suggest fruitful avenues of future inquiry. I first discuss the primary metaphors used in the literature. Following that I describe the broad approaches that have been applied in empirical research regarding complaining and claiming. I then examine the explanations that have been advanced for variations in complaining and claiming patterns, both at the individual and the aggregate levels; in this section I identify points of general agreement and issues where agreement is lacking. Finally, I propose an agenda for future research related to complaining and claiming. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=1934142 https://opo.iisj.net/index.php/osls/article/view/53ClaimingComplainingPropensity to SueLitigiousness |
| spellingShingle | Bert Kritzer The antecedents of disputes: complaining and claiming Oñati Socio-Legal Series Claiming Complaining Propensity to Sue Litigiousness |
| title | The antecedents of disputes: complaining and claiming |
| title_full | The antecedents of disputes: complaining and claiming |
| title_fullStr | The antecedents of disputes: complaining and claiming |
| title_full_unstemmed | The antecedents of disputes: complaining and claiming |
| title_short | The antecedents of disputes: complaining and claiming |
| title_sort | antecedents of disputes complaining and claiming |
| topic | Claiming Complaining Propensity to Sue Litigiousness |
| url | https://opo.iisj.net/index.php/osls/article/view/53 |
| work_keys_str_mv | AT bertkritzer theantecedentsofdisputescomplainingandclaiming AT bertkritzer antecedentsofdisputescomplainingandclaiming |