The “Law of Alternatives”: Conflict Resolution as the Art of Reconstruction
Studies in Law, Politics, and Society
ISBN: 978-1-78635-076-3, eISBN: 978-1-78635-075-6
Publication date: 14 April 2016
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.
Keywords
Acknowledgements
Acknowledgments
I thank the participants at the faculty workshops of the faculty of law and the Program on Conflict Resolution at Bar Ilan University for helpful comments. I also thank the graduate workshop at the School of Conflict Analysis and Resolution, George Mason University, and the members of the faculty workshop at Fordham University.
Citation
Alberstein, M. (2016), "The “Law of Alternatives”: Conflict Resolution as the Art of Reconstruction", Studies in Law, Politics, and Society (Studies in Law, Politics, and Society, Vol. 70), Emerald Group Publishing Limited, Leeds, pp. 149-180. https://doi.org/10.1108/S1059-433720160000070012
Publisher
:Emerald Group Publishing Limited
Copyright © 2016 Emerald Group Publishing Limited