9 Ohio St. J. on Disp. Resol. 1 (1993-1994)
Controlling Processes in the Practice of Law: Hierachy and Pacification in the Movement to Re-Form Dispute Ideology

handle is hein.journals/ohjdpr9 and id is 37 raw text is: THE OHIO STATE JOURNAL ON
DISPUTE RESOLUTION
Volume 9                         1993                      Number 1
Controlling Processes in the Practice of Law:
Hierarchy and Pacification in the Movement to Re-Form
Dispute Ideology'
LAURA NADER*
I. INTRODUCTION
Since 1976 I have examined the movement to re-form dispute
ideology in the United States. Two aspects of my work have demonstrated
1) the existence and force of the movement to trade justice for harmony
in legal practice and 2) the ideological nature of the movement, as
demonstrated by numerous studies, which show both that the litigation
explosion was an ideological construct, and that Alternative Dispute
Resolution is not a universally desired improvement, but rather an often
coercive mechanism of pacification. In this paper I ask a new question:
Why did (do) members of the legal elite accept this ideological take-over
of their profession with such equanimity?'
While in previous work I examine harmony ideology at work on
unsuspecting citizens, I will argue in this article that harmony ideology -
the use of a rhetoric of peace through consensus - finds fertile ground
within the legal profession through cultural control. Social control relates
to intense influence, working extraordinarily long hours with little
contact with the outside world, and also focuses on hierarchy: The Chief
Justice does not have to present evidence for lawyers to believe him.
Social and cultural power mechanisms amount to controlling processes.
Such control mechanisms have received inadequate attention both within
and without the legal profession.     In the United States, we have
constitutional laws to protect us from overt acts of domination, and we
* 1993 Schwartz Lecture on Dispute Resolution at The Ohio State University College of
Law.
** Laura Nader is a Professor of Anthropology, University of California at Berkeley.
1. This question was first posed in a talk I presented to the 45th Annual Judicial
Conference of the Fifth Judicial Circuit in Jackson, Mississippi, April 20, 1988. I
acknowledge with gratitude the help of colleagues and students - and in particular the eagle
eye of lawyer-anthropologistEllen Hertz - in clarifying the ideas in this paper.

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