NCJ Number
125513
Journal
Law and Society Review Volume: 24 Issue: 2 Dated: (1990) Pages: 397-411
Date Published
1990
Length
15 pages
Annotation
The concept of thematization -- the process by which actors select a frame of reference for their communications -- defines an aspect of dispute resolution that is fundamental to Stewart Macaulay's description of noncontractual commercial relations and to many recent dispute-resolution studies.
Abstract
In his 1963 article, Macaulay conceived of transactions and disputes in commercial relations as actor problems. To understand why business relations follow certain patterns, it is necessary to understand the reasons underlying a manager's decisions to do business, to make a claim, or to litigate a dispute. Thus, the researcher's task is to understand why a particular frame of reference has been chosen for decisions made in business dealings. Niklas Luhman, a European sociologist, calls this process of framework selection "thematization." Thematization both describes the identification of events as relevant to relations between the parties and links these events to special resources and sanctions. In the thematization process, managers apply their knowledge of commercial relations and of transaction structure to ensure freedom to choose between modes of handling matters. A pilot study of Danish firms illustrates the process. Preliminary analysis indicates that thematization within the firm determines how various forms of norms are applied at various times. Businesses continue to use laws and litigation when other forms of governing economic relations fail. Thus, law is still an important source of power in business. 3 tables, 12 footnotes. (Author abstract modified)