NCJ Number
125508
Journal
Law and Society Review Volume: 24 Issue: 2 Dated: (1990) Pages: 333-344
Date Published
1990
Length
12 pages
Annotation
This article proposes a means for addressing the problem of cultural variability of apparently uniform analytic categories in longitudinal studies of the courts.
Abstract
The article proposes that such cultural variations in meaning be the starting point for comparative studies of courts and social change rather than being viewed as obstructions to such studies. This article uses a study of litigation in Chiangmai, Thailand, as an example of the proposed approach. Changing conceptions of "space" in Thailand from the 19th century to the present illustrate the transformation of legal and political authority as well as the proliferation of normative systems and dispute processing forums. By focusing analysis on variations in the meaning of a concept such as "space," it is possible to discern the significance of litigation in relation to unofficial systems of normative ordering and to gain insight into changing relationships among individuals, local communities, patron-client hierarchies, and the State. Compartive litigation research must find ways to explore the complex, dynamic social and cultural settings in which litigation and disputing occur. (Author abstract modified)