Legal Definitions - civilization

Civilization, in a legal context, refers to the process of transforming a matter that could potentially be treated as a criminal offense into a civil dispute. This shift can occur due to a specific law, a court's judgment, or an agreement between the parties involved. When a matter is "civilized," the primary focus moves away from state-imposed punishment (such as imprisonment or criminal fines) and towards resolving the dispute between private parties, often through compensation (like monetary damages) or specific actions.

• Example 1: Legislative Reclassification

  A state legislature passes a new law that reclassifies certain minor traffic offenses, such as failing to signal a lane change, from criminal misdemeanors to civil infractions. Previously, these offenses could lead to a criminal record and potential jail time for repeat offenders. Now, individuals who commit these infractions receive a civil citation and are required to pay a fine, similar to a parking ticket. This legislative action demonstrates the civilization of these minor offenses, moving them from the criminal justice system to the civil administrative system.

• Example 2: Prosecutorial Discretion and Agreement

  During a heated argument, a tenant intentionally damages a landlord's property, causing a broken window. While the landlord initially considers pressing criminal charges for vandalism, a prosecutor reviews the case and, considering the tenant's lack of prior offenses and willingness to cooperate, suggests a civil resolution. The landlord and tenant then agree to a civil settlement where the tenant pays for the window's repair and an additional amount for the inconvenience. By opting for this civil agreement instead of criminal prosecution, the dispute has been civilized.

• Example 3: Court-Ordered Mediation for Workplace Misconduct

  An employee accuses a supervisor of workplace harassment, including making inappropriate comments and creating a hostile work environment. While some forms of harassment could potentially lead to criminal charges, the company and the employee agree to enter court-ordered mediation. Through this process, they reach a civil settlement that includes a severance package for the employee, a non-disclosure agreement, and a commitment from the company to implement new training programs. This resolution effectively civilizes the dispute, addressing the harm through civil remedies rather than escalating it to a criminal investigation or prosecution.