Nils Christy's Conflict As Property

Improved Essays
The paper published in The British Journal of Criminology by Nils Christy, “Conflict as Property”, stresses the idea that highly industrialized societies have built a process in which the individuals involved are isolated from their own conflicts and it is stolen by legal professionals. The author lists three major parties that take away victim and offender’s participation rights at their own court hearing. As a solution, essay discuses the two ideal court systems that would assist the restoration of conflicts to their rightly involved parties. Christy, at the end of the essay, lists challenges that interfere with the operation of such systems to work in the western world. In the first part of the essay, author starts off by giving an example …show more content…
Now, conflicts only belong to lawyers in that society, as they get to decide its fate and how to use it against other people. By structural thieves, it is mentioned to societal behavior, isolation based on categorizing and its big impact on control over people’s conflicts. Society’s values and inner working play a big role in deciding which rights people should be able to have and maintain. Government officials at a court trial also contributes to parties who steal conflict from the directly involved people. The paper emphasizes the idea that victims and offenders in a trial lose the opportunity to participate at their own conflict resolution. It is not the victim who explains the injustice done to them, but it has become the Crown’s job to do so and also be at the spotlight. Similarly, it is not the offender who gets to decide what relevant facts to winning the case, it is up to lawyers. In both cases, what belonged to them is removed and they have lost the opportunities that should have been theirs alone from the beginning. The author argues that society needs a court process that makes it possible for the involved parties to participate in resolution of their own conflicts. Even though this article was written almost forty years ago, the relevance of authors arguments to the society we live in today is huge and this comes to show that, conflict being treated as property has not changed since then. The purpose of this essay is to put more spotlight to the issue of conflict being taken away and treated as an object by legal professionals, which in turn is making individuals inactive in standing up for their rights. This notion has gotten unnoticed by everyday population, since the general idea of how law works. Many scholars have brought

Related Documents

  • Superior Essays

    Adam Nobody Case Analysis

    • 1075 Words
    • 5 Pages

    Introduction In accordance with the criminal law, the judges in both cases concluded that the state’s monopoly over the use of violence was abused by the police. That being said, referring to the liberal principles, there are many reasons that I will be arguing throughout this paper that will explain the reasonings behind the judge’s conclusion. In reference to this, I will argue about both the Lacy MacAuley and Adam Nobody cases in regards to how the police misused their authority by using abusive force towards them, and how the criminal trials did indeed reestablish the state's legitimacy. To begin with, both cases share very comparable highlights considering they talk about the G20 Toronto summit protest.…

    • 1075 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Nils Christie Case Study

    • 969 Words
    • 4 Pages

    He suggest a few central points of how our conflicts are being taken away from us. Initially, lawyers steal the conflict and twist it in ways that will benefit them. That being the case, it reduces attention given to the victim and certain facts of the case are ignored because they are deemed irrelevant. Secondly, the court houses are located away from where the general public. Hence, underprivileged and disenfranchised people have little to no access to it; certain restriction have been implemented to keep these people away such as installing a dress code.…

    • 969 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Crimes have existed for ages, even though countries have enforced laws and punished those who commit them. Countries also increased the size of the police as well as the law enforcement, but still people violate the law. When watching a TV show, or reading a newspaper, or listening to the radio, it is really impossible to avoid hearing or reading about crimes, including murder, robbery, abuse, or any violent act. With the increase of crime, criminals, and the gathering of evidence, “Herbert Packer (1968) described two competing models of the administration of criminal justice models: the crime control model and the due process model” (Cole, Smith, & DeJong, 2015:27). , in order to protect citizens from the lawbreakers and receive justice.…

    • 735 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    A conflict, within the context of “Conflicts as Property” by Nils Christie, is something in which one owns. Similarly, the ownership of conflict can be compared to the ownership of property, hence the title of the article. Throughout the article, Nils Christie conveys that every person should have the right to fight their own conflict, however, due to the current social structure in places such as Canada, that right can be taken away or even stolen by professionals. Nils Christie further proves his thesis by comparing two different legal systems. There is the system of local neighborhood courts, which are represented in Tanzania, and there are complex courts in Scandinavia, similar to those in Canada.…

    • 801 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Justice is a term heard nearly every day, all around the world. Its mentioning ranges anywhere from national anthems and pledges to the more mundane tv show title or pop song. For a term that is used so often, its true definition is very elusive due to many different interpretations. While some believe justice should be swift, fierce, and merciless, others see it as a simple chastisement followed by a second chance. After reading “Rough Justice” and “Welcome to the World’s Nicest Prison”, these differential views become very apparent.…

    • 710 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    “Conflicts as Property” dates nearly 40 years and the western culture of segmentation and depersonalisation and the industrialised legal systems described are applicable to 2016. Christie uses an array of personal insight and external thought to support his philosophy of lay legal systems. His shortfalls are acknowledged and his convictions are well-supported. “Conflicts as Property” eloquently illuminates the concept and its many…

    • 812 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Nils Christie brings up the idea of a conflict resolution in where the victim and offender are the ones who work it out without the third-party. He believes that “modern criminal systems represent one of the many cases of lost opportunities for involving citizen in tasks that are immediate importance to them”. However I have to disagree with Christie position on the situation.…

    • 782 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Crime against the state is seen as a violation of the rule of law, while crime against people is seen as a violation of human rights, and both conditions lead to the punishment of the offender befitting the crime. In this process of achieving justice, those highly impacted by these wrong actions are often ignored; the battle between the offender and the Crown often makes the victim, a mere spectator. Meanwhile, the Canadian Criminal Justice System is continuing to do its best in addressing the dissatisfaction victims feel towards the authorities. Study of literature shows that although victim rights have come a long way and are continuing to develop further, they are not successful in addressing the concerns of the victim. The article, “Crime…

    • 1198 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    The conflict and consensus models are two parallel models that work toward furthering the protection of society. The conflict model focuses on preserving the rights of the people while the consensus model focuses on public safety (Cronkhite, 2013). When considering how these two apply to viewing criminal justice as a system it is quite simple. The conflict model creates an urgency to protect the people from harm yet also to preserve individual rights that are guaranteed by the Constitution. If the conflict model is to be applied to criminal justice, then it is important to recognize that laws and policy can be implemented by the criminal justice system to combat crime, while also ensuring that the people do not lose their rights.…

    • 904 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Authoritarian Propaganda

    • 704 Words
    • 3 Pages

    Over the course of human history, the concept of justice has been indefinitely disputed. Today, the definition can be told as: fair behavior and treatment. However, many intellectuals still fight over the applications of whether or not one thing should be considered “just”. In the past 100 years, authoritarian regimes have dominated a vast number of prominent countries. Many, maybe even all, of these societies committed acts that crossed the line of equitable, and fell to crime.…

    • 704 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    “Because the welfare poor are in positions of continuing dependency, they must engage in an uphill struggle to make their voices heard and their understandings of right and justice part of the legal order” (pg 377, Sarat, Yale Journal of law & the Humanities). For example, in the Roe v. Wade decision, legal consciousness of the public plated a critical role in determining that making abortion available option to the women population is not a matter that needs the attention of the Supreme courts. Our legal consciousness is shaped by legitimacy and it can form our perception about empowerment (Duke Law Journal, pg 781, 1994). “Exploring the high group, low grid zone of dissenting collectivism opens up a palace where collective identity is particularly significant, yet state law to varying degree is rejected” (Simon Halliday and Bronwen Morgan, pg. 30).…

    • 911 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Restorative Justice Case Study

    • 1522 Words
    • 7 Pages
    • 18 Works Cited

    By restorative justice having such a profound impact on the way in which crime and justice is viewed, this could transform public debate completely. People will be more inclined to adopt a more restorative approach to punishment as opposed to a retributive approach. There have been many proven benefits that come with the restorative approach, as highlighted in a Home Office report by Marshall (1999). It was stated that the majority of victims offered the chance of meeting their offender would like to do so and that having been given that opportunity, the great majority looked back on the experience as well worthwhile. Also stated in the report was that research carried out by Umbreit & Coates (1992), Umbreit (1994) and Umbreit et al (1997) showed that there were extremely high levels of victim satisfaction with mediation.…

    • 1522 Words
    • 7 Pages
    • 18 Works Cited
    Great Essays
  • Great Essays

    Professor John Rawls believed one element of justice is equality; equality of opportunity and equal distribution of rights, powers, freedoms and resources in society (The Open University, (OU), 2016d, 7.1). This essay will look to see if justice delivered by the courts of England and Wales via the adversarial system is providing equality in the wake of recent budget cuts to legal aid, or whether adoption of an inquisitorial system is required. To do this, the nature of the cuts and changes to legal aid will be discussed, explanations of an adversarial and inquisitorial justice systems, and the effects the budget cuts have affected access to justice will be discussed. A conclusion as to whether there is a need for the justice system of England…

    • 1605 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Humanity Law Analysis

    • 777 Words
    • 4 Pages

    The humanity law framework involves a change of norms as well as different direction of enforcement. This provides new insights and causes a new shift to transition from a purely political discourse of state interests. Hence, it highlights other issues on the states’ political agenda. The alteration of norms consists of a “constitutive of the emerging global order, in part, by serving a central discursive function.”…

    • 777 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    In Shakespeare’s play, ‘The Merchant of Venice’, the climax is that of the trial. It is a scene that warrants a lot of discussion, especially due to the unfairness displayed in the name of revenge or comeuppance. It truly leads one to wonder if the law truly is moral. It also brings forth a debate on the scope of private law, and the idea of justice espoused by Ernest Weinrib.…

    • 1293 Words
    • 6 Pages
    Superior Essays