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How People Use the Courts

The Disputes and Courts in Poland

by Jacek Maria Kurczewski (Author) Malgorzata Fuszara (Author)
Monographs 266 Pages

Summary

This book analyzes how people settle disputes in and outside of Polish courts. The preference for courts against informal settlements increased with the consolidation of the democratic legal state. Still, the compromise settlement remains the cultural ideal. The authors evaluate these circumstances in their extensive study of private disputes in the courts and of different types of individual settlements. They observed that the role of power behind these choices proved to be significant as people in better social positions are more inclined to use the courts and in worse social positions more inclined to deal informally with opponents in power. The ethnic factor surveyed in other former Communist countries is also related to the relative power of the different ethnic groups. The book investigates how institutional, social and cultural factors interact in shaping the dispute settlement patterns.

Table Of Contents

  • Contents
  • Cover
  • Title
  • Copyright
  • About the authors
  • About the book
  • This eBook can be cited
  • Preface
  • Part I. Introduction
  • Chapter I. Theoretical approach (Jacek Kurczewski)
  • Chapter II. Courts and conflicts in public opinion research (Małgorzata Fuszara / Jacek Kurczewski)
  • Part II. In the Court
  • Chapter III. Hate crimes (Małgorzata Fuszara)
  • Chapter IV. Honour and reputation in civil courts (Małgorzata Fuszara)
  • Chapter V. Private prosecution (Małgorzata Fuszara)
  • Part III. And in the Living Law
  • Chapter VI. Popular patterns of dispute settlement (Jacek Kurczewski / Małgorzata Fuszara)
  • Chapter VII. Four local studies of transformation (Jacek Kurczewski)
  • Chapter VIII. Ethnic dimension (Jacek Kurczewski)
  • Part IV. Conclusions
  • Jacek Kurczewski, Małgorzata Fuszara
  • References
  • Appendix A. Brief Note on Sampling (Paweł Orzechowski)
  • Appendix B. Questionnaire used in the Polish representative national survey 2014 (CBOS)

Jacek Kurczewski and Małgorzata Fuszara

How People Use the Courts

The Disputes and Courts in Poland

About the authors

Jacek Maria Kurczewski is Professor at the University of Warsaw and holds the Chair in Sociology and Anthropology of Custom and Law, IASS.

Małgorzata Fuszara is Professor at the University of Warsaw and Director of the Institute of Applied Social Sciences. She also is Head of the Gender Equality Research Centre, University of Warsaw.

About the book

This book analyzes how people settle disputes in and outside of Polish courts. The preference for courts against informal settlements increased with the consolidation of the democratic legal state. Still, the compromise settlement remains the cultural ideal. The authors evaluate these circumstances in their extensive study of private disputes in the courts and of different types of individual settlements. They observed that the role of power behind these choices proved to be significant as people in better social positions are more inclined to use the courts and in worse social positions more inclined to deal informally with opponents in power. The ethnic factor surveyed in other former Communist countries is also related to the relative power of the different ethnic groups. The book investigates how institutional, social and cultural factors interact in shaping the dispute settlement patterns.

This eBook can be cited

This edition of the eBook can be cited. To enable this we have marked the start and end of a page. In cases where a word straddles a page break, the marker is placed inside the word at exactly the same position as in the physical book. This means that occasionally a word might be bifurcated by this marker.

Preface

This book is not about the law, it is about the law as it is practiced in society. So its focus is not on what lawyers do and courts do but on what ordinary people do when in the court and when considering what to do about a problem, a conflict that emerges in relations with other people and other institutions. To use courts or not, to negotiate on one’s own or with mediation of other people or to go the deputy, to the city council or to the court in order to get a satisfactory authoritative settlement. The book starts with introductory theoretical hypotheses that oriented our research done in the mid-2010s in Poland and in some localities abroad in the former communist countries. In fact, this research has been a sequel to the research begun in the 1970s, followed by one done after the democratic legal state had been established in Poland in the early 2000s. The first part of the book deals with how people use courts to defend their personality rights. The second part, based on a series of surveys, raises the question of how various dispute management and, hopefully, dispute settlement patterns are perceived by people, in other words, what is the popular dispute settlement culture as part of the living law of society.

Details

Pages
266
ISBN (PDF)
9783631724767
ISBN (ePUB)
9783631724774
ISBN (MOBI)
9783631724781
ISBN (Hardcover)
9783631723715
Language
English
Publication date
2019 (April)
Tags
Hate speech Personality rights Private prosecution Informal settlement Legal culture
Published
Frankfurt am Main, Bern, Berlin, Bruxelles, New York, Oxford, Warszawa, Wien, 2017. 266 p., 5 b/w ill., 2 colour ill., 78 b/w tables.

Biographical notes

Jacek Maria Kurczewski (Author) Malgorzata Fuszara (Author)

Jacek Maria Kurczewski is Professor at the University of Warsaw and holds the Chair in Sociology and Anthropology of Custom and Law, IASS. Małgorzata Fuszara is Professor at the University of Warsaw and Director of the Institute of Applied Social Studies. She also is Head of the Gender Equality Research Centre, University of Warsaw.

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Title: How People Use the Courts