View the Table of Contents. Read the Introduction.
"Oscar G. Chase studies the American legal system in the manner
of an anthropologist. By comparing American 'dispute ways' with
those of other systems, including some commonly believed to be more
'primitive, ' he finds interesting similarities that challenge the
premise that we live in a society regulated by a rational and just
'rule of law.'"
--"New York Law Journal"
"A witty and engaging endeavor. . . . A good contribution to our
professional knowledge, and it is a must reading."
--"Law and Politics Book Review"
"After reading Law, Culture, and Ritual, no one could ever again
think that our legal proceedings are nothing more than an efficient
method of discovering truth and applying law. Oscar Chase
effectively uses a comparative approach to help us to step back
from our legal practices and see just how steeped in myths, rituals
and traditions they are. Scholars will want to read this book for
its contribution to comparative law, but everyone interested in
American culture should read this book. Chase shows us that there
is no separating law from culture: each informs and maintains the
other. Law, Culture, and Ritual is a major step forward in the
rapidly expanding field of the cultural study of law."
--Paul Kahn, author of "The Cultural Study of Law: Reconstructing
Legal Scholarship"
"Having allowed ourselves to be convinced (wrongly) that we are
the most litigious people in the world, Americans have become
obsessed with finding (quick) cures. Oscar Chase's book sounds a
salutary warning. By presenting striking comparative examples that
shatter our parochialism, he forces us to examine the cultural
roots ofdispute processes."
--Richard Abel, Connell Professor of Law, UCLA Law School
aLaw, Culture, and Ritual is a brave, wide-ranging book,
deserving to generate discussion in a number of important
directions.a
--"Civil Justice Quarterly"
Disputing systems are products of the societies in which they
operate - they originate and mutate in response to disputes that
are particular to specific social, cultural, and political
contexts. Disputing procedures, therefore, are an important medium
through which fundamental beliefs, values, and symbols of culture
are communicated, preserved, and sometimes altered. In Law,
Culture, and Ritual, Oscar G. Chase uses interdisciplinary
scholarship to examine the cultural contexts of legal institutions,
and presents several case studies to demonstrate that the processes
used for resolving disputes have a cultural origin and impact.
Ranging from the dispute resolution practices of the Azande, a
technologically simple, small-scale African society, to the rise of
discretionary authority in civil litigation in America, Chase
challenges the claims of some scholars that official dispute
systems are more reflective of the interests and preferences of
elite professionals than of the cultures in which they are
embedded.
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