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Two Approaches to Contemporary Dispute Behavior and Consumer Problems

Published online by Cambridge University Press:  01 July 2024

Eric H. Steele
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The two articles that follow contribute to the mapping of dispute behavior in contemporary society. Hannigan (1977) describes how a newpaper action line, or ombudsman, handles consumer disputes. Best and Andreasen (1977) report the findings of their survey of consumer experiences and what consumers did about the problems they encountered. These essays represent complementary approaches to the study of how people and institutions respond to common consumer disputes. I will begin by indicating where they fit into the evolving tradition of sociolegal research and how they add to our still redimentary understanding of dispute behavior.

Type
Research Article
Information
Law & Society Review , Volume 11 , Issue 4 , Spring 1977 , pp. 667 - 677
Copyright
Copyright © 1977 The Law and Society Association

Footnotes

I would like to thank Richard L. Abel and David M. Engel for their helpful comments on an earlier draft of this paper.

References

ABEL, Richard L. (1973) “A Comparative Theory of Dispute Institutions,” 8 Law & Society Review 217.Google Scholar
ANDERSON, Stanley V. (1969) Ombudsman Papers: American Experience and Proposals. Berkeley: University of California Institute of Governmental Studies.Google Scholar
AUBERT, Vilhelm (1963) “Competion and Dissensus: Two Types of Conflict and Conflict Resolution,” 7 Journal of Conflict Resolution 26.Google Scholar
BEST, Arthur and ANDREASEN, Alan R. (1977) “Consumer Response to Unsatisfactory Purchases: A Survey of Perceiving Defects, Voicing Complaints, and Obtaining Redress.” 11 Law & Society Review 701.Google Scholar
BLACK, Donald J. (1973) “The Mobilization of Law,” 2 Journal of Legal Studies 125.Google Scholar
BONN, Robert L. (1972a) “Arbitration: An Alternative System for Handling Contract Related Disputes,” 17 Administrative Science Quarterly 254.Google Scholar
BONN, Robert L. (1972b) “The Predictability of Nonlegalistic Adjudication,” 6 Law & Society Review 563.Google Scholar
CAPLOVITZ, David (1963) The Poor Pay More: Consumer Practices of Low-Income Families. New York: Free Press.Google Scholar
CAPLOVITZ, David (1974) Consumers in Trouble: A Study of Debtors in Default. New York: Free Press.Google Scholar
CARLIN, Jerome, HOWARD, Jan and MESSINGER, Sheldon (1967) Civil Justice and the Poor. New York: Russell Sage Foundation.Google Scholar
CURRAN, Barbara A. (1977) The Legal Needs of the Public: The Final Report of a National Survey. Chicago: American Bar Foundation (in press).Google Scholar
DOO, Leigh-Woo (1973) “Dispute Settlement in Chinese-American Communities,” 21 American Journal of Comparative Law 627.Google Scholar
ECKHOFF, Torstein (1966) “The Mediator, the Judge and the Administrator in Conflict Resolution,” 10 Act Sociologica 158.Google Scholar
EISENBERG, Melvin A. (1976) “Private Ordering through Negotiation: Dispute Settling and Rulemaking,” 89 Harvard Law Review 637.Google Scholar
EOVALDI, Thomas L. and GESTRIN, Joan E. (1971) “Justice for Consumers: The Mechanisms of Redress,” 66 Northwestern University Law Review 281.Google Scholar
FELSTINER, William L.F. (1974) “The Influence of Social Organization on Dispute Processing,” 9 Law & Society Review 63.Google Scholar
FRIEDMAN, Lawrence M. and PERCIVAL, Robert V. (1976) “A Tale of Two Courts: Litigation in Alameda and San Benito Counties,” 10 Law & Society Review 267.Google Scholar
FULLER, Lon L. (n.d.) “The Forms and Limits of Adjudication” (unpublished).Google Scholar
FULLER, Lon L. (1963) “Collective Bargaining and the Arbitrator,” [1963] Wisconsin Law Review 3.Google Scholar
GALANTER, Marc (1974) “Why the ‘Haves’ Come Out Ahead: Speculations on the Limits of Legal Change,” 9 Law & Society Review 95.Google Scholar
GALANTER, Marc (1975) “Afterword: Explaining Litigation,” 9 Law & Society Review 347.Google Scholar
GALANTER, Marc (1977) “Delivering Legality: Some Proposals for the Direction of Research,” 11 Law & Society Review 225.Google Scholar
GELLHORN, Walter (1966) Ombudsmen and Others: Citizens' Protectors in Nine Countries. Cambridge, Mass.: Harvard University Press.CrossRefGoogle Scholar
GULLIVER, Philip H. (1973) “Negotiations as a Mode of Dispute Settlement: Towards a General Model,” 7 Law & Society Review 667.Google Scholar
HANNIGAN, John A. (1977) “The Newspaper Ombudsman and Consumer Complaints: An Empirical Assessment,” 11 Law & Society Review 679.Google Scholar
HIRSCHMAN, Albert O. (1970) Exit, Voice and Loyalty. Cambridge, Mass.: Harvard University Press.Google Scholar
JONES, Mary Gardner and BOYER, Barry (1972) “Improving the Quality of Justice in the Marketplace: The Need for Better Consumer Remedies,” 40 George Washington Law Review 357.Google Scholar
KING, Donald W. and McEVOY, Kathleen A. (1976) A National Survey of the Complaint-Handling Procedures Used by Consumers. Rockville, Md.: King Research, Inc., Center for Quantitative Sciences (conducted for Technical Assistance Research Programs, Inc. and Office of Consumer Affairs, U.S. Department of Health, Education, and Welfare): King Research, Inc., Center for Quantitative Sciences (conducted for Technical Assistance Research Programs, Inc. and Office of Consumer Affairs, U.S. Department of Health, Education, and Welfare).Google Scholar
KIRSH, Harvey J. (1971) “Conflict Resolution and the Legal Culture: A Study of the Rabbinical Court,” 9 Osgoode Hall Law Journal 335.Google Scholar
LEVINE, Felice J. and PRESTON, Elizabeth (1970) “Community Resource Orientation among Low Income Groups,” [1970] Wisconsin Law Review 80.Google Scholar
LLEWELLYN, Karl N. and HOEBEL, E. Adamson (1941) The Cheyenne Way. Norman: University of Oklahoma Press.Google Scholar
MacCALLUM, Spencer (1967) “Dispute Settlement in an American Supermarket,” in Bohannan, Paul (ed.) Law and Warfare. Garden City, N.Y.: Natural History Press.Google Scholar
MACAULAY, Stewart (1963) “Non-Contractual Relations in Business: A Preliminary Study,” 28 American Sociological Review 55.Google Scholar
MACAULAY, Stewart (1966) Law and the Balance of Power: The Automobile Manufacturers and Their Dealers. New York: Russell Sage Foundation.Google Scholar
MAYHEW, Leon H. (1968) Law and Equal Opportunity: A Study of the Massachusetts Commission against Discrimination. Cambridge, Mass.: Harvard University Press.CrossRefGoogle Scholar
MAYHEW, Leon H. (1975) “Institutions of Representation: Civil Justice and the Public,” 9 Law & Society Review 401.Google Scholar
MAYHEW, Leon H. and REISS, Albert J. Jr. (1969) “The Social Organization of Legal Contacts,” 34 American Sociological Review 309.Google Scholar
MENTSCHIKOFF, Soia (1952) “The Significance of Commercial Arbitration—A Preliminary Inquiry,” 17 Law and Contemporary Problems 698.Google Scholar
MENTSCHIKOFF, Soia (1961) “Commercial Arbitration,” 61 Columbia Law Review 846.Google Scholar
NADER, Laura (ed.) (1965) “The Ethnography of Law,” 67(6) (pt.2) American Anthropologist (special issue).Google Scholar
NADER, Laura (ed.) (1969a) Law in Culture and Society. Chicago: Aldine.Google Scholar
NADER, Laura (ed.) (1969b) “Styles of Court Procedure: To Make the Balance,” in Nader, L. (ed.) Law in Culture and Society. Chicago: Aldine.Google Scholar
NATIONAL INSTITUTE OF CONSUMER JUSTICE (1972) Redress of Consumer Grievances and Staff Studies prepared for the National Institute of Consumer Justice. Boston: National Institute for Consumer Justice.Google Scholar
NONET, Philippe (1969) Administrative Justice: Advocacy and Change in a Government Agency. New York: Russell Sage Foundation.Google Scholar
ROSS, H. Laurence (1970) Settled Out of Court: The Social Process of Insurance Claims Adjustments. Chicago: Aldine.Google Scholar
ROSS, H. Laurence (1975) “Insurance Claims Complaints: A Private Appeals Procedure,” 9 Law & Society Review 275.Google Scholar
SARAT, Austin (1976) “Alternatives in Dispute Processing Litigation in a Small Claims Court,” 10 Law & Society Review 339.Google Scholar
SARAT, Austin and GROSSMAN, Joel B. (1975) “Courts and Conflict Resolution: Problems in the Mobilzation of Adjudication,” 69 American Political Science Review 1200.Google Scholar
SELZNICK, Philip (1969) Law, Society, and Industrial Justice. New York: Russell Sage Foundation.Google Scholar
SIMMEL, Georg (1950) The Sociology of Georg Simmel. Edited and translated by Kurt H. Wolff. New York: Free Press.Google Scholar
SMALL CLAIMS COURT STUDY GROUP (1972) Little Injustices: Small Claims Courts and the American Consumer. Washington, D.C.: Center for Auto Safety.Google Scholar
STEELE, Eric H. (1975) “Fraud, Dispute, and the Consumer: Responding to Consumer Complaints,” 123 University of Pennsylvania Law Review 1107.Google Scholar
STEELE, Eric H. and NIMMER, Raymond T. (1976) “Lawyers, Clients and Professional Regulation,” [1976] American Bar Foundation Research Journal 919Google Scholar
WANNER, Craig (1974) “The Public Ordering of Private Relations. Part One: Initiating Civil Cases in Urban Trial Courts,” 8 Law & Society Review 421.Google Scholar
WANNER, Craig (1975) “The Public Ordering of Private Relations. Part Two: Winning Civil Court Cases,” 9 Law & Society Review 293.Google Scholar
WEBER, Max (1954) Max Weber on Law in Economy and Society. Edited by Max Rheinstein. Cambridge, Mass.: Harvard University Press.Google Scholar
WHITFORD, William C. (1968) “Law and the Consumer Transaction: A Case Study of the Automobile Warranty,” [1968] Wisconsin Law Review 1006.Google Scholar
WHITFORD, William C. and KIMBALL, Spencer L. (1974) “Why Process Consumer Complaints? A Case Study of the Office of the Commissioner of Insurance of Wisconsin,” [1974] Wisconsin Law Review 639.Google Scholar
YAFFE, James (1972) So Sue Me! The Story of a Community Court. New York: Saturday Review Press.Google Scholar
YNGVESSON, Barbara and HENNESSEY, Patricia (1975) “Small Claims, Complex Disputes: A Review of the Small Claims Literature,” 9 Law & Society Review 219.Google Scholar