Author: E. Franklin Dukes Publisher: Manchester University Press ISBN: 9780719045134 Category : Conflict management Languages : en Pages : 244
Book Description
Drawing on conflict resolution experience and recent democratic theory, Dukes traces the philosophical roots and development of the public conflict resolution field. He examines in detail how it has worked in practice, in the US and other western democracies.
Author: Carrie Menkel-Meadow Publisher: Routledge ISBN: 1351916513 Category : Law Languages : en Pages : 357
Book Description
The articles selected for this volume draw on game theory, political science, psychology, sociology and anthropology to consider how the process of dispute resolution is altered, challenged and made more complex by the presence of multiple parties and/or multiple issues. The volume explores issues of coalition formation, defection, collaboration, commitments, voting practices, and joint decision making in settings of increasing human complexity. Also included are examples of concrete uses of deliberative democracy processes taken from new applications of complex dispute resolution theory and practice. The selected essays represent the latest theoretical advances and challenges in the field and demonstrate attempts to use dispute resolution theory in a wide variety of settings such as political decision making and policy formation; regulatory matters; environmental disputes; healthcare; community disputes; constitutional formation; and in many other controversial issues in the polity.
Author: Christopher J. Peters Publisher: Oxford University Press ISBN: 0199749957 Category : Law Languages : en Pages : 377
Book Description
Law often purports to require people, including government officials, to act in ways they think are morally wrong or harmful. What is it about law that can justify such a claim? In A Matter of Dispute: Morality, Democracy, and Law, Christopher J. Peters offers an answer to this question, one that illuminates the unique appeal of democratic government, the peculiar structure of adversary adjudication, and the contested legitimacy of constitutional judicial review. Peters contends that law should be viewed primarily as a device for avoiding or resolving disputes, a function that implies certain core properties of authoritative legal procedures. Those properties - competence and impartiality - give democracy its advantage over other forms of government. They also underwrite the adversary nature of common-law adjudication and the duties and constraints of democratic judges. And they ground a defense of constitutionalism and judicial review against persistent objections that those practices are "counter-majoritarian" and thus nondemocratic. This work canvasses fundamental problems within the diverse disciplines of legal philosophy, democratic theory, philosophy of adjudication, and public-law theory and suggests a unified approach to unraveling them. It also addresses practical questions of law and government in a way that should appeal to anyone interested in the complex and often troubled relationship among morality, democracy, and the rule of law. Written for specialists and non-specialists alike, A Matter of Dispute explains why each of us individually, and all of us collectively, have reason to obey the law - why democracy truly is a system of government under law.
Author: Society of Professionals in Dispute Resolution (U.S.). Conference Publisher: ISBN: Category : Arbitration, Industrial Languages : en Pages : 344
Author: Richard C. Reuben Publisher: ISBN: Category : Languages : en Pages : 59
Book Description
There has been growing discussion in law reviews and business journals about the so-called new workplace, which is distinguished from the old, in part, by greater employee mobility and job flexibility. This article extends that discussion by exploring the implications of the new workplace for the design of dispute resolution systems. In particular, it argues that the structure and values of the new workplace correspond to the essential values of democratic governance, and that dispute resolution should be integrated into the new workplace in a way that enhances rather than diminishes these core democratic values. As I have articulated in earlier work, these values specifically include personal autonomy, as well as certain political values (participation, accountability, transparency and rationality), legal values (equality and due process), and social capital values (trust in government, social connection and reciprocity). The article further discusses how mediation and arbitration can be integrated into the new workplace in ways that enhances their democratic character, as defined by these dimensions. Finally, it draws upon the organizational behavior and related literatures to provide empirical support for the proposition that more democratic programs can facilitate such traditional management objectives as recruitment and retention, enhanced employee performance, and compliance with corporate rules, policies, and goals.
Author: Lisa Blomgren Amsler Publisher: Stanford University Press ISBN: 1503611361 Category : Law Languages : en Pages : 406
Book Description
Dispute System Design walks readers through the art of successfully designing a system for preventing, managing, and resolving conflicts and legally-framed disputes. Drawing on decades of expertise as instructors and consultants, the authors show how dispute systems design can be used within all types of organizations, including business firms, nonprofit organizations, and international and transnational bodies. This book has two parts: the first teaches readers the foundations of Dispute System Design (DSD), describing bedrock concepts, and case chapters exploring DSD across a range of experiences, including public and community justice, conflict within and beyond organizations, international and comparative systems, and multi-jurisdictional and complex systems. This book is intended for anyone who is interested in the theory or practice of DSD, who uses or wants to understand mediation, arbitration, court trial, or other dispute resolution processes, or who designs or improves existing processes and systems.
Author: Andrea Kupfer Schneider Publisher: ISBN: Category : Languages : en Pages : 53
Book Description
The question of dispute resolution systems for international organizations is of growing importance. Not only has there been a plethora of new international and regional organizations created in the last decade, but this trend is likely to continue. There are numerous proposals for multilateral free trade areas and agreements across Latin America and the Caribbean as well as in Asia. At the same time, existing international trade organizations have come under increasing scrutiny for their inability to reflect accurately the needs and concerns of the citizens of the member countries. This article takes a different approach to understanding questions of democracy and legitimacy in international organizations by examining the dispute resolution mechanisms used in these organizations. An alternative method of assessing legitimacy and democracy in international organizations would be to look at the ability of individuals to enforce the rules once they are enacted. In the end, I shall argue that increasing individual involvement in dispute resolution-by granting individuals rights and standing under these organizations-is an appropriate way to increase the legitimacy of international trade organizations.As regional and international organizations are created, nations should examine carefully the type of dispute resolution mechanism they establish. International trade organizations diminish the returns of the treaty by limiting their dispute resolution mechanisms to states. By providing rights without a remedy, these international trade organizations are limiting both their impact and their legitimacy. The solution is to reduce the link between domestic or short-term political interests of countries and their trade policy by granting individuals standing to bring cases for treaty violation.
Author: Tom R. Burns Publisher: Praeger ISBN: Category : Political Science Languages : en Pages : 204
Book Description
Radical new technologies are developing in Western societies at ever-increasing rates but contemporary democracies often lack the appropriate organizational forms to confront these developments. Creative Democracy discusses the failure of politicians and democratic institutions to cope with modern challenges, and proposes a specific strategy to address these problems in contemporary society. The authors propose new strategies to increase public awareness of, and democratic control over, major technological developments explaining the advantage of democratic discourse and consensus formation over voting, and insisting that scientists must work with politicians to formulate and articulate their alternative futures for major technological developments. Overall, Creative Democracy provides a thorough, scholarly and practical analysis in support of democratic dialogue.
Author: E. Franklin Dukes
Author: Society of Professionals in Dispute Resolution (U.S.). Conference
Author: Carrie Menkel-Meadow
Author: Christopher J. Peters
Author: Richard C. Reuben
Author: Society of Professionals in Dispute Resolution (U.S.). Conference
Author: Richard C. Reuben
Author: Lisa Blomgren Amsler
Author: Andrea Kupfer Schneider
Author: Tom R. Burns