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Cross-cultural assumptions about perception and identity in western socio-legal frameworks

Ingleby, Richard and Chung, Mona 2009, Cross-cultural assumptions about perception and identity in western socio-legal frameworks, in SLSA Annual Conference Abstract Book, Socio-Legal Studies Association, [Leiscester, England], pp. 1-155.

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Title Cross-cultural assumptions about perception and identity in western socio-legal frameworks
Author(s) Ingleby, Richard
Chung, Mona
Conference name SLSA Annual Conference 2009
Conference location Leicester, England
Conference dates 7-9 April 2009
Title of proceedings SLSA Annual Conference Abstract Book
Publication date 2009
Start page 1
End page 155
Publisher Socio-Legal Studies Association
Place of publication [Leiscester, England]
Keyword(s) identity
perceptions
Summary Socio-legal analysis has relied heavily on Mnookin and Kornhauser's "bargaining in the shadow of the law" and Galanter's "litigotiation" concepts. These concepts provide a framework for examining the relationship between formal legal rules and other normative sources in out-of-court activity. In this paper we explore the extent to which these frameworks' Western assumptions about individualism, conflict and the rule of law would require adaptation if they were to be used to examine such phenomena in Chinese culture or in Australian-Chinese negotiations. In particular, we focus on the "difference" between: i) China and Confucian culture; and ii) Western society in terms of the Confucian principles relating to hierarchy, harmony, collectivism and face. These principles have fundamental implications for Chinese perceptions of appropriate dispute resolution behaviour. Western researchers who omit consideration of these perceptions and neglect the defining characteristics of Chinese identity will emerge with flawed projects.
Language eng
Field of Research 150308 International Business
Socio Economic Objective 970120 Expanding Knowledge in Language, Communication and Culture
HERDC Research category L3 Extract of paper (minor conferences)
HERDC collection year 2009
Copyright notice ©2009, SLSA
Persistent URL http://hdl.handle.net/10536/DRO/DU:30029301

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