Dimensions of Institutional Participation: Who Uses the Courts, and How?

In: The journal of politics: JOP, Band 44, Heft 1, S. 86-114

Abstract

The access of citizens to the courts has recently begun to gain attention from political scientists. An approach to this question is outlined, in which primary emphasis is given to macrolevel variables. It is suggested that propensity to litigate & mode of litigation will both be affected by political culture. Three political cultures are contrasted: traditionalistic, individualistic, & moralistic ones. Data from 5 federal judicial districts are examined, including those from: household telephone surveys of 5,148 households; court records of 1,649 cases in state & federal courts; telephone interview data with litigants in those cases; & survey data from interviews with 96 federal & state trial judges. The overall findings do not appear explicable on a political culture basis. However, certain specific findings appear to be related to political culture differences; for example, the state of SC can be interpreted as a traditionalistic culture, Philadelphia, Pa, as an individualistic one. It appears that current conceptions of political culture may be too narrow to include the legal dimension. 9 Tables. W. H. Stoddard.