- Legal processes and the administration of law, Human Rights, Human Rights Law, Legal Pluralism, International Human Rights Law, Human Rights and Legal Pluralism, and 42 moreInformal Justice, Informal and Formal Justice Mechanisms, Culture, Women, Women's Studies, Women and Gender Studies, Women and Culture, Violence Against Women, Women's Rights, Women's Empowerment, Women's Entrepreneurship, Women Leadership, International Law, Feminist Theory, Feminism, Universalism, Indian Philosophy, South Asia, Southeast Asian Studies, Himalayan culture, Nepalese Legal System a Unique System, Himalayan Civilization-Nepal, Anthropology of Tibet and the Himalayas, Indian Law, Tibetan Buddhism, Tibetan and Himalayan societies, Bhutan, Bhutan (Anthropology), India, Indian studies, Gross National Happiness, Gross National Happiness in Bhutan, Himalayas, Northeast India, North East India, North India and Himalayas, Legal Pluralism and Cultural Diversity, Early life of the Buddha; History and practices of the non-monastic buddhist lineages in India and the Himalayas, Bhutanese Refugees, Legal Pluralism and International Law, Sociolegal studies, and Sociolegal Researchedit
- Human Rights, Justice Systems and Legal Pluralism in South Asia. Research Fellow London School of Economics, South Asia Centreedit
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EThOS - Electronic Theses Online ServiceGBUnited Kingdo
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This study of the entire phenomenon of civil litigation commenced with the sole aim of ascertaining the extant gaps in the available knowledge about litigation from the perspectives of those who are by far affected most by it: the... more
This study of the entire phenomenon of civil litigation commenced with the sole aim of ascertaining the extant gaps in the available knowledge about litigation from the perspectives of those who are by far affected most by it: the litigants. What does litigation mean for those who are directly embroiled and whose lives may consequently be radically transformed? Serious lacunas exist. However, extensive readings worldwide throughout the research process result in a stark elucidation of an overlooked, yet crucially important and somewhat egregious state of affairs, making surprisingly clear just how pernicious litigation is for the average \u27nonrepeat player\u27
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This study of the entire phenomenon of civil litigation commenced with the sole aim of ascertaining the extant gaps in the available knowledge about litigation from the perspectives of those who are by far affected most by it: the... more
This study of the entire phenomenon of civil litigation commenced with the sole aim of ascertaining the extant gaps in the available knowledge about litigation from the perspectives of those who are by far affected most by it: the litigants. What does litigation mean for those who are directly embroiled and whose lives may consequently be radically transformed? Serious lacunas exist. However, extensive readings worldwide throughout the research process result in a stark elucidation of an overlooked, yet crucially important and somewhat egregious state of affairs, making surprisingly clear just how pernicious litigation is for the average ‘non-repeat player’. *(152)
Research Interests: Perception and Mediation
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Research Interests: Law, Self and Identity, Human Rights, Political Science, International Human Rights Law, and 15 moreLegal Pluralism, Culture, Gender Equality, Gender and Development, Gender And Violence, Gendered Violence, Human Rights and Legal Pluralism, Gender based violence, Legal Pluralism and Cultural Diversity, Gender Violence, South Asian Institute of Advanced Legal and Human Rights Studies, Gender Based Violence and Sexual Harassment, Legal Pluralism and International Law, Legal Theory Legal Pluralism, and Sexual and Gender Based Violence
This Article challenges a basic premise that litigants and their attorneys broadly understand and desire similar things from litigation-track mediation processes. In providing new empirical research from medical malpractice cases, I offer... more
This Article challenges a basic premise that litigants and their attorneys broadly understand and desire similar things from litigation-track mediation processes. In providing new empirical research from medical malpractice cases, I offer disconcerting evidence of the surprising degree to which perceptions and meanings ascribed to these litigation-track processes are not only diverse, but frequently contradictory. I demonstrate that notwithstanding their different allegiances, lawyers on all sides of cases have correspondingly similar understandings of the meaning and purpose of litigation-track mediations. At the same time, I show how plaintiffs and defendants have the same understandings and visions of what mediation is and how they wish to resolve their cases there short of trial. Yet disputants' views are diametrically opposed to those of legal actors, often including their own lawyers. This is seen to be seriously problematic though one manifestation of these differences: t...
Grounded in interpretive theory and offering interdisciplinary insights from sociological, psychological, and gender studies, this book addresses the question - How do professional, lay, and gendered actors understand and experience case... more
Grounded in interpretive theory and offering interdisciplinary insights from sociological, psychological, and gender studies, this book addresses the question - How do professional, lay, and gendered actors understand and experience case processing in litigation and mediation? Drawing on data from 131 interviews, questionnaires, and observations of plaintiffs, defendants, lawyers, and mediators involved in 64 fatality and medical injury cases, the book challenges dominant understandings of how formal legal processes and dispute resolution work in practice. It additionally challenges the notion that disputants and their representatives broadly understand and want the same things during case processing. In fact, the chapter's findings indicate repeatedly that notwithstanding legal benefits, utilizing attorneys to assist disputants in resolving disputes is laden with difficulties, as epistemologically each actor group essentially occupies different, though parallel, worlds. In juxt...
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This study of the entire phenomenon of civil litigation commenced with the sole aim of ascertaining the extant gaps in the available knowledge about litigation from the perspectives of those who are by far affected most by it: the... more
This study of the entire phenomenon of civil litigation commenced with the sole aim of ascertaining the extant gaps in the available knowledge about litigation from the perspectives of those who are by far affected most by it: the litigants. What does litigation mean for those who are directly embroiled and whose lives may consequently be radically transformed? Serious lacunas exist. However, extensive readings worldwide throughout the research process result in a stark elucidation of an overlooked, yet crucially important and somewhat egregious state of affairs, making surprisingly clear just how pernicious litigation is for the average 'nonrepeat player'.
Research Interests: Law, Ethics, Legal Profession, Extensive Reading, Lawyers, and 14 moreCivil Litigation, Mediation, Negotiation, Legal Ethics, Conflict Mediation Strategies, Lawyers and their Ethical values, Litigation, Legal translation studies, Sociolegal studies, Legal Translation, Legal Translation in Comparative Law, Legal processes and the administration of law, Legal Practice, and Sociolegal Research
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English | 正體中文 | 简体中文 | 全文筆數/總筆數: 53536/53942 造訪人次: 26482 線上人數: 12. RC Version 4.0 © Powered By DSPACE, MIT. Enhanced by NTU Library IR team. 搜尋範圍 全部OA 進階搜尋. ...
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This book is an analytical study exploring through actors' understandings, per-ceptions and experiences the internal dynamics and realities of case processing in the legal system leading up to and including mediation. By looking at... more
This book is an analytical study exploring through actors' understandings, per-ceptions and experiences the internal dynamics and realities of case processing in the legal system leading up to and including mediation. By looking at the jigsaw of views, I attempt to infer ...
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This Article examines from a new angle a long-standing debate on two central questions of the legal system: why do plaintiffs sue, and what do they seek from litigation? Legal research has documented various extra-legal aims or... more
This Article examines from a new angle a long-standing debate on two central questions of the legal system: why do plaintiffs sue, and what do they seek from litigation? Legal research has documented various extra-legal aims or non-economic agendas of plaintiffs who commence legal proceedings for various case-types. However, current debates have failed to address this issue in depth from the perspectives of plaintiffs themselves, subsequent to lawyers conditioning them on “legal system realities” and translating their disputes into legally cognizable compartments. Nor have understandings of plaintiffs’ aims been examined from the perspectives of defense lawyers. These are significant gaps in the knowledge, as plaintiffs’ objectives directly impact their experiences in litigation and litigation-linked processes such as mediation. Likewise, attorneys’ approaches and conduct throughout litigation and mediation processes are premised upon their basic understandings of what those who com...
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Studies in legal pluralism have contributed to the framing and understanding of legal systems in the developing world. This article utilises the conceptual framework of legal pluralism as an all embracing field in which the... more
Studies in legal pluralism have contributed to the framing and understanding of legal systems in the developing world. This article utilises the conceptual framework of legal pluralism as an all embracing field in which the inter-connectedness of state and non-state laws can be more deeply explored, and through which grassroots realities including local actors' internalisation of international human rights laws can be analysed. In terms of 'pluralism' this article examines some of the numerous units of non-state law or regulation operating on the ground in addition to or instead of formal state law. In this way, the role and contribution of studies in legal pluralism within the global north/global south debate becomes one that elucidates the resilience of non-state laws and norms in the face of contemporary global changes and state legal reforms. Working from a grounded theory paradigm, and drawing on the discourse of women victims of violence, accused and their families in eight states of India, the data presented here highlight various aspects of the limits of law's capabilities, the power of informal laws operating on the ground and the relationship of formal law with family and community non-state laws and norms. 1 They further highlight how through the lens
Research Interests: Self and Identity, Human Rights, Identity (Culture), International Human Rights Law, Culture, and 15 moreGender Equality, Gender and Development, Gender And Violence, Gendered Violence, Human Rights and Legal Pluralism, Human Rights and Non-State Actors, Gender based violence, Sexual and Gender-Based Violence, NORA: Nordic Journal of Feminist and Gender Research, Legal Pluralism and Cultural Diversity, Gender Violence, South Asian Institute of Advanced Legal and Human Rights Studies, Gender Based Violence and Sexual Harassment, Legal Pluralism and International Law, and Legal Theory Legal Pluralism
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INTRODUCTION ................................................... 446 I. RESEARCH METHODOLOGY ................. ............... 451 II. LAWYERS AS ATTENDANCE ARBITERS REFLECTING EXISTING ALLOCATIONS OF POWER ........................ 455 A.... more
INTRODUCTION ................................................... 446 I. RESEARCH METHODOLOGY ................. ............... 451 II. LAWYERS AS ATTENDANCE ARBITERS REFLECTING EXISTING ALLOCATIONS OF POWER ........................ 455 A. The Attendance Arbiters ..........................