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Midterm Study Guide

Midterm Study Guide - POSC Midterm Study Guide Part I...

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POSC Midterm Study Guide Part I: The “Logic of the Triad” Definition o As Professor Martin Shapiro describes it—the idea that two parties in conflict refer their dispute to a third, neutral party for resolution; Shapiro argues that this logic is universal because a people bicker yet it is also unstable . As soon as the courts rule, the triad goes to “2 against 1.” o How to preserve logic? Give a little bit to each side and using the “law” and “rule of law” Law: body of rules, enacted by the government, backed by the force of the state (tax law). Rule of Law: the norm or expectation that legal disputes will be resolved according to pre-existing rules and procedures, regardless of the status of individual litigants. o When we move from courts as conflict resolvers to courts as social controllers, their social logic and their independence is even further undercut. For in this realm, while proceeding in the guise of triadic conflict resolver , courts clearly operate to impose outside interests on the parties. Significance o Orderly Dispute Resolution: no chaos and a specific way to deal with a situation. o Alternative to Self-Help o Unstable because as soon as the courts rule, the loser thinks it is unfair. o Brings in and holds up the rule of law; o Honors the courts and judges and expects them to do these things. “Self-Help” Definition It is taken for granted that ordinary citizens are unable to solve many of their problems with others, but must turn to the law for help. If citizens were to exercise more social control on their own, a different kind of public order would prevail. Self-help is a social practice had been highest in the simplest societies. Self-help has both preventive and remedial aspects. Self-help is rather an alternative with distinctive patterns of mobilization, agent recruitment, procedures, outcomes, and other features. Differences between self-help and law: LAW: it is routine that one side of any conflict is the object of sanction while the other is vindicated and supported. SELF-HELP: more frequently conciliatory. Its settlements are more commonly negotiated between the two or more opposing factions included in a dispute, where some concessions are made in pursuit of resolution. Self-help is less severe than civil and penal settlements. Self-help is a “radically decentralized mode of social control.” Usually in criminal cases, the state brings about the complaint. Three Scenarios 1. “Go-it-alone”—Litigant 1 acts unilaterally 2. “The Godfather” –Litigant 1 goes to a third party, who acts unilaterally; litigant 2 does not appear before the Godfather. 3. “Mutual accommodation”—Litigant 1 and litigant 2 work it out without help.
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