Societies have evolved a variety of structures for settling disputes. Select two contrasting examples- one from the textbook, to illustrate their methods and examine the success of arbitration in any one society.

Authors Avatar

                

Societies have evolved a variety of structures for settling disputes. Select two contrasting examples- one from the textbook, to illustrate their methods and examine the success of arbitration in any one society.

Settling disputes is a major part of politics and social control, which are vital for the harmonious function of any society. Different societies achieve this in different ways. In western state society formal offices are held and people given authority to judge and implement punishment or resolution. At the other end of the spectrum are the egalitarian societies, where authority is non-existent, no-one has any power to make anybody do anything, and inequality is very actively discouraged. There are a vast array of structures that come between the two extremes for example those that have a mixture of formal offices and informal methods. This essay examines first the structured court system of western state society, and then the less structured but still formal method of dispute settlement used by the Zapotec people of the Ralu’a village (or pueblo) in South America. This comparison shows that even though there are formal institutions in place in both societies, which may initially seem a poor comparison, however the objective with which they are used varies greatly and they are used to very different effect. The essay concludes that although we may initially think the more personalised approach of the Zapotec may have a more favourable outcome regarding social cohesion, it has to be recognised that such methods may not be practical or necessary in our western state society.

First to consider is our own Western system for settling disputes. Western state society has a regulatory court system in which there are an extensive number of laws and sanctions that are formally codified (Peoples & Bailey, 2003). Our formalised system of regulation courts allows the use of physical coercion and the use of sanctions should people deviate from the norms that are ascribed to society. Different courts deal with differing types of disputes. The ability to settle a dispute is left almost exclusively to authority, and authority is central to the system’s success. We have many appointed offices of people in authority to the general public, for example judges, police officers, which have power to manipulate and coerce others legitimately. The extensive set of depersonalised laws prevents the settling of disputes in ways that violate the legal principle of the culture, such as violence. Even verbal arguments in public may be considered breach of the peace, an offence for which people can be arrested and reprimanded. Disputes are turned into a very formal depersonalised matter, with the onus on discovering fault, placing blame and punishment; provocation for an act may be somewhat taken into account, but at the end of the day if you were provoked into doing wrong you still did wrong, and are still punished.

Join now!

Western state society court systems also serve as a preventative measure by making acts that could result in dispute illegal. For example, a person’s property is protected through procedural laws regarding theft; laws against violence deter physical fights; people can even be fined for noise offences. Thus the system has a preventative element by not allowing things that aggravate or are even an expression of a dispute. Disputes can also be avoided through the use of restraining orders decreeing that a person may not go within a certain distance of anyone else; anything considered as breaching the peace or any ...

This is a preview of the whole essay