Etiology of Claims - Sketches for a Theoretical Mapping of the Claim-Definition Process (From Empirical Theories About Courts, P 143-160, 1983, Keith O Boyum and Lynn Mather, ed. - See NCJ-90490)

• NCJ Number: 90495
• Author(s): K O Boyum
• Date Published: 1983
• Length: 18 pages
• Grant Number(s): 78-NI-AX-0139
• Sponsoring Agency: National Institute of Justice (NIJ); US Dept of Justice NIJ Pub
• Sale Source: Longman Inc
• Language: English
• Country: United States of America
• Note: Revised version of paper delivered at the 1980 Annual Meeting of the Law and Society Association and the ISA Research Committee on Sociology of Law, Madison, Wisconsin.

Annotation

In arriving at the point of decision on making a claim, (which is the precursor to a dispute and ultimately to a court case), individuals must first define and focus on a circumstance, must note a difference in circumstance, and must evaluate the difference as being unfair to them.

Abstract

A claim is most likely caused by a change in circumstance which has occurred rapidly. A decision regarding the fairness of the circumstance can be made by reference to norms of social exchange. Circumstances can be defined in terms of rate, scope, and magnitude. Individuals' education, psychological makeup, and access to resources will affect the way in which they examine and interpret particular circumstances. The type of organization in which persons are involved or on which individuals are focusing will also affect the likelihood of their making a claim. Simply extending access to means and forums for claim and dispute processing to groups with little education and income will not of itself result in claims being made. In addition, many claims exist which await definition. Tables and six reference notes are provided.