BA-Seminar in Sociology, University of Konstanz, Germany
Winter term 2015 / 2016 (starting mid-October 2015)
Dispute is a human universal and an integral part of social life. Why this is so, however, has been interpreted differently in the social sciences. How do disputes start at all? What happens when we argue? When does an argument become a legal dispute? When does a dispute divide us, and when does it bind us together even stronger? And when is a dispute actually ended?
Scholars of legal anthropology and legal sociology have studied different dispute settlement procedures since the 1960s. In the sociology of law this has occurred primarily in the context of Western state jurisdiction. In legal anthropology, it has occurred in the non-European context, focussing on non-state actors such as councils of elders or religious leaders. In the course of (post-)colonisation, Western-style state jurisdiction was exported to the global South, while dispute settlement procedures (ADR, Alternative Dispute Resolution) enjoyed increasing popularity in Western societies. Both developments are scientifically controversial as their practical success is questionable.
In the seminar we will read texts from legal anthropology and legal sociology. Furthermore, we will draw extracts from classical ethnographies, and try to grasp theoretically how disputes and their proceedings have been studied in non-Western societies, along with new approaches, and phenomena well-known to us such as disputes over the neighbourhood apple tree, the fascination with “court shows,” as well as the trans-local arbitration of disputes in international courts. Moreover, the seminar is also dedicated to qualitative methods, through which dispute settlement procedures can be investigated.
All students enrolled in a sociology BA or a related discipline at the University of Konstanz (Germany) can attend.