Author: Richard L. Abel
Publisher:
ISBN: 9780120415014
Category : Law
Languages : en
Pages : 335

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Book Description

Author: Richard L. Abel
Publisher: Elsevier
ISBN: 1483297357
Category : Business & Economics
Languages : en
Pages : 349

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Book Description
The Politics of Informal Justice

Author: Sally Engle Merry
Publisher: University of Michigan Press
ISBN: 0472023993
Category : Law
Languages : en
Pages : 501

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Book Description
"The Possibility of Popular Justice is essential reading for scholars and practitioners of community mediation and should be very high on the list of anyone seriously concerned with dispute resolution in general. The book offers many rewards for the advanced student of law and society studies." --Law and Politics Book Review "These immensely important articles--fifteen in all--take several academic perspectives on the [San Francisco Community Boards] program's diverse history, impact, and implications for 'popular justice.' These articles will richly inform the program, polemical, and political perspectives of anyone working on 'alternative programs' of any sort." -- IARCA Journal "Few collections are so well integrated, analytically penetrating, or as readable as this fascinating account. It is a 'must read' for anyone interested in community mediation." --William M. O'Barr, Duke University "You do not have to be involved in mediation to appreciate this book. The authors use the case as a launching pad to evaluate the possibilities and 'impossibilities' of building community in complex urban areas and pursuing popular justice in the shadow of state law." --Deborah M. Kolb, Harvard Law School and Simmons College Sally Engle Merry is Professor of Anthropology, Wellesley College. Neal Milner is Professor of Political Science and Director of the Program on Conflict Resolution, University of Hawaii.

Author: George C. Pavlich
Publisher: Routledge
ISBN: 1134829604
Category : Social Science
Languages : en
Pages : 224

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Book Description
Suppose you have a dispute with your neighbour, and wish to secure redress for losses incurred. How might the issue be resolved? Is it worth the cost and time delay to take the issue to court? Or is there some other approach? Over the past few decades a range of alternative, dispute resolution programmes have emerged to settle conflicts informally, outside the courtroom. Drawing on real life experiences of community mediation practices in British Columbia, Canada, the author explores informal justice as an event rendered possible by the fragmentation of justice under postmodern conditions. He develops some of Foucault's ideas on governmentality to erect an analytical framework that does not view community mediation as necessarily empowering, or an inevitable expansion of state control. The analysis identifies how one might engage with current versions of community justice and yet avoid the political apathy that too often accompanies such criticism.

Author: Simon Roberts
Publisher: Cambridge University Press
ISBN: 9780521676014
Category : Law
Languages : en
Pages : 412

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Book Description
This wide-ranging study considers the primary forms of decision-making - negotiation, mediation, and umpiring - in the context of rapidly changing discourses and practices of civil justice across many jurisdictions. Much contemporary discussion in this field, and associated projects of institutional design, are taking place under the wide ranging but imprecise label of Alternative Dispute Resolution (ADR). If a common linking theme is sought, the authors argue that this must lie in a general shift of priorities as between judgement and settlement in ideological terms. This new edition brings together and analyses a wide range of materials dealing with dispute processes and the current debates on civil justice. With the help of a selection of texts beyond those ordinarily found in the emerging alternative dispute resolution literature it provides a broad, comparative perspective on modes of handling civil disputes, with the principal focus on the central processes of negotiation and mediation.

Author: H. Dan O'Hair
Publisher: John Wiley & Sons
ISBN: 1119399874
Category : Language Arts & Disciplines
Languages : en
Pages : 1100

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Book Description
An authoritative survey of different contexts, methodologies, and theories of applied communication The field of Applied Communication Research (ACR) has made substantial progress over the past five decades in studying communication problems, and in making contributions to help solve them. Changes in society, human relationships, climate and the environment, and digital media have presented myriad contexts in which to apply communication theory. The Handbook of Applied Communication Research addresses a wide array of contemporary communication issues, their research implications in various contexts, and the challenges and opportunities for using communication to manage problems. This innovative work brings together the diverse perspectives of a team of notable international scholars from across disciplines. The Handbook of Applied Communication Research includes discussion and analysis spread across two comprehensive volumes. Volume one introduces ACR, explores what is possible in the field, and examines theoretical perspectives, organizational communication, risk and crisis communication, and media, data, design, and technology. The second volume focuses on real-world communication topics such as health and education communication, legal, ethical, and policy issues, and volunteerism, social justice, and communication activism. Each chapter addresses a specific issue or concern, and discusses the choices faced by participants in the communication process. This important contribution to communication research: Explores how various communication contexts are best approached Addresses balancing scientific findings with social and cultural issues Discusses how and to what extent media can mitigate the effects of adverse events Features original findings from ongoing research programs and original communication models and frameworks Presents the best available research and insights on where current research and best practices should move in the future A major addition to the body of knowledge in the field, The Handbook of Applied Communication Research is an invaluable work for advanced undergraduate students, graduate students, and scholars.

Author: Farshad Ghodoosi
Publisher: Routledge
ISBN: 1317292839
Category : Law
Languages : en
Pages : 169

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Book Description
Despite the unprecedented growth of arbitration and other means of ADR in treaties and transnational contracts in recent years, there remains no clearly defined mechanism for control of the system. One of the oldest yet largely marginalized concepts in law is the public policy exception. This doctrine grants discretion to courts to set aside private legal arrangements, including arbitration, which might be considered harmful to the "public". The exceptional and vague nature of the doctrine, along with the strong push of actors in dispute resolution, has transformed it, in certain jurisdictions, to a toothless doctrine. At the international level, the notion of transnational public policy has been devised in order to capture norms that are "truly" transnational and amenable for application in cross-border litigations. Yet, despite the importance of this discussion—a safety valve and a control mechanism for today’s international and domestic international dispute resolution— no major study has ventured to review and analyze it. This book provides a historical, theoretical and practical background on public policy in dispute resolution with a focus on cross-border and transnational disputes. Farshad Ghodoosi argues that courts should adopt a more systemic approach to public policy while rejecting notions such as transnational public policy, which limits the application of those norms with mandatory nature. Contrary to the current trend, the book invites the reader to re-conceptualize the role of public policy, and transnational dispute resolution, in order to have more sustainable, fair and efficient mechanisms for resolving disputes outside of national courts. The book sheds light on one of the most important yet often-neglected control mechanisms of today’s international dispute resolution and will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.

Author: Richard W Bauman
Publisher: Routledge
ISBN: 0429723792
Category : Political Science
Languages : en
Pages : 223

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Book Description
Contemporary legal thought has been powerfully influenced by Critical Legal Studies, a school of legal scholars whose work has sustained a continuing radical critique of established legal doctrines. In this essential reference work, Richard Bauman presents the most thorough, up-to-date guide available for this essential literature. In addition to providing the basic bibliographic information, Bauman offers a set of effective introductions to contextualize and explain the work being surveyed. He has created a fundamental handbook not only for the law but also for politics and radical thought.

Author: Theo Gavrielides
Publisher: Routledge
ISBN: 1317041798
Category : Law
Languages : en
Pages : 608

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Book Description
This up-to-date resource on restorative justice theory and practice is the literature’s most comprehensive and authoritative review of original research in new and contested areas. Bringing together contributors from across a range of jurisdictions, disciplines and legal traditions, this edited collection provides a concise, but critical review of existing theory and practice in restorative justice. Authors identify key developments, theoretical arguments and new empirical evidence, evaluating their merits and demerits, before turning the reader’s attention to further concerns informing and improving the future of restorative justice. Divided into four parts, the Handbook includes papers written by leading scholars on new theory, empirical evidence of implementation, critiques and the future of restorative justice. This companion is essential reading for scholars of restorative justice, criminology, social theory, psychology, law, human rights and criminal justice, as well as researchers, policymakers, practitioners and campaigners from around the world.

Author: Carrie Menkel-Meadow
Publisher: Routledge
ISBN: 1351943545
Category : Political Science
Languages : en
Pages : 462

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Book Description
This insightful volume is essential for a clearer understanding of dispute resolution. After examining the historical and intellectual foundations of dispute processing, Carrie Menkel-Meadow turns her attention to the future of conflict resolution.