Collaborative Research on the Influence of Cultural Context and Migration on Perceptions of Law and Justice

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The growth in international trade, advances in communication and technology, ease of travel, and changes in immigration patterns make it more likely that disputes will arise between individuals of different national, cultural, and ethnic backgrounds. In recent years, sociolegal scholars have begun to investigate how cultural variation in preferences for dispute resolution procedures is related to individual psychological processes. This study will extend this work by examining how procedural preferences are shaped by a person's culture of origin, acculturation to new social forms, gender, social status, and economic resources. This comparative study conducted in the United States, Germany, and Hong Kong systematically analyzes patterns of procedural preferences, attitudes toward various forms of regulation, and dispute-related beliefs and behaviors. These three sites have been the target of substantial migration. Two experimental studies will be conducted, involving approximately 500 participants at each site, to test whether differences in preferences for types of dispute resolution reflect differences in values or differences in beliefs about the effective or appropriate means to reach their goals. One study will focus on preferences about options available for dealing with disputes (such as ignoring the conflict, ignoring the disputant, or direct negotiation). The second will consider the means available to resolve the conflict (such as mediation or adversarial adjudication). The project will contribute to our understanding of transnational issues by advancing our knowledge of how culture, ethnicity, recency of migration, and other social factors interact to shape individuals' legal attitudes and reactions to a variety of laws, disputing fora, and disputing options. From a global perspective, the results will have major significance for increasing our knowledge of what drives preferences for one form of law or regulatory regime over another and of why people of diverse cultural origins differ in their views about what constitutes a fair procedure or law.