NCJ Number
90494
Date Published
1983
Length
26 pages
Annotation
The courts' main contribution to the resolution of disputes is the provision of a background of norms and procedures against which negotiations and regulation in both private and governmental settings occur.
Abstract
Thus, the activity and effects of a court goes beyond the dispositions of the cases that come before it. Courts' actions communicate to prospective litigants the rules that would govern the adjudication of the dispute; the possible remedies; and estimates of the difficulty, certainty, and costs of obtaining particular outcomes. Court activities also elicit anticipatory compliance or evasive maneuvers outside the judicial process. Furthermore, court activities stigmatize or legitimize particular lines of conduct and encourage or suppress the making of a claim. In the United States, dispute resolution also occurs through indigenous tribunals, which exist through the social orderings present in families, businesses, and other groups. These groups' activities also have effects which spread beyond the specific cases they handle. Their activities communicate norms, symbols, models, and threats. More explicit attention should focus on the indirect educative effects of courts. Attention should also focus on the way in which the scale and complexity of the legal system amplifies the differing effects of local culture and the capabilities of disputants. The complexity of this system means that the messages sent out by courts are less determinate and precise than may at first appear to be the case. However, courts are teachers as well as counselors and provisioners. Fifteen reference notes are provided.