NCJ Number
67286
Date Published
1978
Length
30 pages
Annotation
CONNECTIONS AMONG CONFLICT, SOCIAL STRUCTURE, DISPUTANT'S CHOICE OF REMEDY AGENT, AND DISPUTE-HANDLING INSTITUTIONS ARE EXAMINED IN A TURKISH VILLAGE.
Abstract
MANDALINCI IS A FICTITIOUS NAME FOR A TURKISH VILLAGE OF 247 HOUSEHOLDS (1,000) PEOPLE. THE DYNAMICS OF DISPUTE RESOLUTIONS WERE EXAMINED IN THE VILLAGE DURING 1967 AND 1968. MANDALINCI HAS CUSTOMARY PROCESSES OF HANDLING DISPUTES IN WHICH NO SPECIFIED INDIVIDUAL ACTS AS JUDGE, ARBITRATOR, MEDIATOR, OR INTERMEDIARY. DISPUTANTS EITHER CONFRONT ONE ANOTHER DIRECTLY, USUALLY IN A PUBLIC PLACE OR PRIVATELY IF VIOLENT INTIMIDATION IS ANTICIPATED. IF A THIRD PARTY IS BROUGHT INTO THE DISPUTE, ANY ADULT HOUSEHOLD HEAD CAN BECOME A REPRESENTATIVE FOR EACH DISPUTANT. ALTHOUGH THE VILLAGE COUNCIL AND A VILLAGE MUHTAR ARE ENDOWED WITH AUTHORITATIVE DISPUTE-SETTLING POWERS BY VILLAGE LAW, VILLAGERS DO NOT TAKE DISPUTES TO THEM BECAUSE OF THE GENERAL BELIEF THAT ELECTED OFFICIALS WILL BE BIASED TOWARD SUPPORT GROUPS. MOREOVER, DIRECT, INFORMAL NEGOTIATIONS BETWEEN DISPUTANTS ARE PREFERRED TO FORMAL, BINDING SETTLEMENTS. IF A CONFLICT FOCUSES ON AN ISSUE OF INHERITANCE OR LAND OWNERSHIP, ONE OR BOTH PARTIES CAN SEEK AN ARBITRATED DECISION AT THE DISTRICT COURT. AN UNSATISFIED CLAIMANT MAY EITHER APPEAL THE DECISION TO APPELLATE COURT IN ANKARA OR OPEN A NEW CASE, FOCUSED ON ANOTHER LEGAL ASPECT OF THE SAME GENERAL ISSUE. NOTES ARE PROVIDED. (AUTHOR ABSTRACT MODIFIED--RCB)