U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Dispute Processing in Law and Legal Scholarship: From Institutional Critique to the Reconstruction of the Juridical Subject

NCJ Number
Denver University Law Review Volume: 66 Issue: 3 Dated: (1989) Pages: 437-498
S Silbey; A Sarat
Date Published
62 pages
This article describes and assesses struggles over dispute processing within the legal profession.
The politics of the contemporary alternative dispute resolution (ADR) movement within legal institutions is examined as well as conflicts created in legal education by the modern social scientific study of law. While many in the legal profession consider ADR as a threat, ADR has extended the reach of the legal field by solving problems less expensively and in shorter time than traditional legal trials. The work of pioneer scholars in the anthropology of law is discussed, and the authors argue that the traditional jurisprudence of rights, as represented by the courts, has been replaced by a jurisprudence of interests and needs represented by ADR. A jurisprudence based on interests and needs will ultimately strengthen the legal profession. 267 footnotes.


No download available