The "law of alternatives": Conflict resolution as the art of reconstruction

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Abstract

The paper articulates common organizing narratives which recur within alternative movements in law, and posits the art of dispute resolution as an experimental reconstructive methodology for engaging conflicts, while incorporating a critique of classical liberal thought. The paper offers a reading of conflict resolution approaches, including Alternative Dispute Resolution; Therapeutic Jurisprudence; Restorative Justice, and Transitional Justice, in search of a new legal culture or jurisprudence which emerges from the following narratives: emphasis on process; emphasis on constructive conflict intervention; deconstruction and hybridization; a search for an underlying layer; emphasis on relationship and acknowledgment of emotions; community work and bottom-up development.

Original languageEnglish
Pages (from-to)149-180
Number of pages32
JournalStudies in Law Politics and Society
Volume70
DOIs
StatePublished - 2016

Keywords

  • Conflict resolution
  • Critical thinking
  • Legal theory
  • Restorative justice
  • Therapeutic jurisprudence
  • Transitional justice

All Science Journal Classification (ASJC) codes

  • Sociology and Political Science
  • Political Science and International Relations
  • Law

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