questions of the social context and social justice are not entered into; rather, the court is concerned about whether the strict legal categories (for example, specific intent) are satisfied.
he legal mode of assessing situations of conflict may be contrasted with their full moral evaluation... It is characteristic of the legal mode of social control that rules are used to arrive at simple, dichotomous moral decisions - 'yes' or 'no' decisions that in other contexts would seem intolerably oversimplified morally. The legal process does not ask: What are all the rights and wrongs of this situation - on both sides? Rather, it asks: Is John Doe guilty as charged? John Doe may be utterly depraved - may be shown to have treated Richard Doe abominably - but if he cannot be shown to have violated the rule as charged, he (as far as the legal process is concerned) goes as free as if he were a saint. (Fallers, 1969, pp.12-13) The legal process abstrac
The legal process abstracts various factors out of the complexity of the social situation. By contrast, when the dispute was between closely linked persons, who may be close kin, then the third parties may be concerned to prevent the breakingup of relationships and to ensure that it is possible for the parties to live together in the future. If that is an important concern, then the 'court' would try to effect a compromise.