NEGOTIATING FOR JUSTICE, FIGHTING FOR LAW: THE DIALECTIC OF PROMOTING AND SETTLING DISPUTES IN THE CURRENT GLOBAL ERA

Abstract

The present paper attempts to map the discursive relations between conflict and settlement as reflected in the realms of law and mediation during the second half of the 20th century, offering a 21st century model to combine the mediation drive to settle through reaching inter-subjective transformation with the legal drive to escalate and promote social conflict. Contemporary mediation, according to this model, should involve on the one hand “negotiating for justice,” according to the familiar models of problem solving and transformation, and on the other hand “fighting for law”: acknowledging the self-referential and ideological quality of conflicts, while emphasizing the pragmatic need to end them through an interpretive public act that involves value judgments.

Citation

Alberstein, M. (2003), "NEGOTIATING FOR JUSTICE, FIGHTING FOR LAW: THE DIALECTIC OF PROMOTING AND SETTLING DISPUTES IN THE CURRENT GLOBAL ERA", Studies in Law, Politics and Society (Studies in Law, Politics, and Society, Vol. 31), Emerald Group Publishing Limited, Leeds, pp. 45-85. https://doi.org/10.1016/S1059-4337(03)31003-8