Conflicts are commonplace in human relationships. The Bible is replete with narratives and proverbial statements which border on conflict scenarios and conflict resolution strategies. Conflict cannot be severed from relationships between biological brothers and sisters, Christians, friends, colleagues and husbands and wives. In this qualitative study, the researchers examined the menace 'conflict between husbands and wives'. There is no husband and wife relationship which is devoid of disputes and conflicts. In husband and wife relationship, conflict situations could arise (...) from lack of sexual discipline, lack of sexual satisfaction, finance, lack of communication and other areas. The thrust of this article was to examine conflict resolution principles in the light of biblical proverbs. Biblical proverbs refer to concise and wise sayings in the Bible, which give pieces of advice about everyday life. This article utilised the descriptive research methodology to analyse the primary and secondary data. The major finding of this work are numerous biblical proverbs which are veritable means for resolving conflicts between husbands and wives. CONTRIBUTION: The article brought to fore the major factors which lead to conflict between husbands and wives. The authors exegetically studied the chosen proverbs in order to ascertain its relevance to conflict situations. The major contribution of this article is that the messages of certain proverbs in the Book of Proverbs are very useful in resolving conflicts between husbands and wives. (shrink)

Out-of-court proceedings or alternative dispute resolution (ADR) is a peaceful, voluntary alternative method for settling disputes without litigation in the court. ADR institutions usually use a third party to help the consumer and the trader reach a solution. The main purpose of this article is to share the main insights and experience about the out-of-court proceedings in various countries and present main trends of ADR development. First of all, in this article, ADR is presented and its main (...) advantages or disadvantages, main reasons of its origin are outlined. For example, ADR institutions are indeed a low-cost and quick alternative for consumers to settle disputes with businesses. These are the main reasons why ADR originated and developed so fast in the United States of America. Secondly, it is important to analyse various definitions used to describe ADR and its characteristics, because it is a very complicated and complex phenomenon. ADR and the principle of legal accessibility are also very closely related issues which are deeply analysed in this article. (shrink)

Out-of-court proceedings or alternative dispute resolution (ADR) is a peaceful, voluntary alternative method for settling disputes without litigation in the court. ADR institutions usually use a third party to help the consumer and the trader to reach a solution. The main purpose of this article is to share the main insights and experience about the out-of-court proceedings in various countries and European Union Member States, to discuss the most important problems concerning ADR and propose possible solutions of (...) these problems. First of all, in this article, ADR is presented and its main advantages are outlined. For example, ADR institutions are indeed a low-cost and quick alternative for consumers for settling disputes with businesses. ADR mechanisms are highly diverse. There are public and private institutions as well as institutions established on the basis of cooperation between the public sector and the industry or consumer organizations and the industry. Although there is a high correlation between the nature of the institution and the funding, i.e. private institutions are usually financed by the industry and public institutions by public funds, ADR bodies established by public law can also be financed by the industry (especially in highly regulated markets). In the majority of the institutions, the participation of the industry in the ADR procedure is voluntary. (shrink)

One day in the year 1274, Giuntino Jacobi appeared at the church of Santo Stefano in Quarrata. According to the notarial contract in the register of Ildebrandino d'Accatto, Giuntino was already seething with rage when he arrived at the sanctuary. When he then tried to force his way into the church, the presbyter Donato refused him access by slamming the door in his face. There is little doubt that Donato felt threatened, as he very quickly set about raising the hue (...) and cry by sounding the church bell and calling out for help. Meanwhile Giuntino, in a gesture portending Khrushchev's more famous one, took off his shoe and began pounding on the church door until a group of local men arrived and carted him away. Donato lost no time in denouncing the shoe-thumping Giuntino to the court of the podestà. When Giuntino absented himself from court, he was fined 200 fiorini piccoli, declared contumacious, and by order of the General Council banished from the commune of Florence and its territories. Thanks to the institution of the peace agreement, this story has an unexpected ending. Six months later, Donato and Giuntino stood before a notary and three witnesses in the church of Sant'Angelo di Quarrata and reconciled their differences. Their dispute was settled with the kiss of peace. The written witness—the peace agreement—was duly registered in the notarial protocol of Ildebrandino d'Accatto. (shrink)

This volume offers an English translation of John of St. Thomas's Cursus theologicus I, question I, disputation 2. In this particular text, the Dominican master raises questions concerning the scientific status and nature of theology. At issue, here, are a number of factors: namely, Christianity's continual coming to terms with the "Third Entry" of Aristotelian thought into Western Christian intellectual culture - specifically the Aristotelian notion of 'science' and sacra doctrina's satisfaction of those requirements - the Thomistic-commentary tradition, and the (...) larger backdrop of the Iberian Peninsula's flourishing "Second Scholasticism." In this latter context, John of St. Thomas applies the theological principles of Thomas Aquinas to the Scholastic disputes preoccupying Thomist, Franciscan, and Jesuit theologians, such as Cajetan, Bañez, Luis de Molina, Vazquez, Suárez - to name only a few - in a tour de force of theological thinking throughout the entire period of Scholasticism. In the process - and not insignificantly - the status quaestionis of theology's scientific character is clearly framed and answered according to John's satisfaction. Key to John of St. Thomas's resolution of the question is his understanding of the continuity of the power of human reason with the super-intelligibility of divine revelation spelled out in terms of what he calls "virtual revelation." This text presented in this volume is a quintessential example of the deep and abiding harmony that flourished between faith and reason as well as grace and nature within the golden era of Baroque Scholasticism. (shrink)

We model the evolution of international conflict as a game of sequential decisions and show that arms races are neither necessary nor sufficient for peace or war. Peaceful intentions are not adequate to insure peace, even when both rivals wish to avoid violence. Peaceful intentions together with complete information are sufficient for peace. A preference for forcefully pursuing foreign policy goals also is not sufficient to preclude the peaceful resolution of disputes, and this is true (...) even if there is complete information. In some circumstances, the absence of an arms race can precipitate violence, even giving the military advantage to a nation that unilaterlaly stopped getting ready for a war it would initiate. Finally, we also show that empirical research is likely to be biased in favor of the hypothesis that deterrence leads to peace. (shrink)

We model the evolution of international conflict as a game of sequential decisions and show that arms races are neither necessary nor sufficient for peace or war. Peaceful intentions are not adequate to insure peace, even when both rivals wish to avoid violence. Peaceful intentions together with complete information are sufficient for peace. A preference for forcefully pursuing foreign policy goals also is not sufficient to preclude the peaceful resolution of disputes, and this is true (...) even if there is complete information. In some circumstances, the absence of an arms race can precipitate violence, even giving the military advantage to a nation that unilaterally stopped getting ready for a war it would initiate. Finally, we also show that empirical research is likely to be biased in favor of the hypothesis that deterrence leads to peace. (shrink)

This collection of essays examines the ways in which disputes and controversies about the application of scientific knowledge are resolved. Four concrete examples of public controversy are considered in detail: the efficacy of Laetrile, the classification of homosexuality as a disease, the setting of safety standards in the workplace, and the utility of nuclear energy as a source of power. The essays in this volume show that debates about these cases are not confined to matters of empirical fact. Rather, (...) as is seen with most scientific and technical controversies, they focus on and are structured by complex ethical, economic, and political interests. Drs. Engelhardt and Caplan have brought together a distinguished group of scholars from the sciences and humanities, who sketch a theory of scientific controversy and attempt to provide recommendations about the ways in which both scientists and the public ought to seek more informed resolutions of highly contentious issues in science and technology. Scientific Controversies is offered as a contribution to the better understanding of the roles of both science and nonscientific interests in disputes and controversies pertaining to science and technology. (shrink)

This article examines the relationship between online dispute resolution (ODR) and trust. We discuss what trust is, why trust is important, and how trust develops. Our claim is that efforts to implement online dispute resolution on a site or service in a manner that promotes trust need to consider ODR as just one tool in a broader toolbox of trust-building tools and techniques. These techniques are amongst others marketing, education, trust seals, and transparency. By evaluating ODR in its (...) proper context as one component of a larger trust strategy, we can more accurately set expectations for its results and position our projects for success. (shrink)

For any type of institutionalized dispute resolution, legitimacy is a crucial characteristic, as legitimate dispute resolution promotes, for instance, general trust in state institutions and participation in economic activity. A lack of legitimacy will prevent the acceptance of dispute resolution, and thereby its use. Although many textbook definitions limit the meaning of legitimacy to legality, in its every-day use legitimacy is in fact a much broader concept. It encompasses different criteria relating to the nature of dispute (...) class='Hi'>resolution: is a form of dispute resolution properly embedded in a reliable institutional environment?, and: are its outcomes properly underpinned? Virtualization concerns the ways in which information and communication technologies affect administration, communication, accessibility and assessment. As an example of virtualization in dispute resolution, a scenario about on-line feedback is scrutinized. This scenario comprises the implementation of a feedback system to enable participants in an instance of dispute resolution to comment on various aspects of the dispute resolving process. (shrink)

The English School analytical framework concerning theformation of order in international relations posits that states establish orderthrough rules and institutions within the framework of common interests andvalues to protect against anarchy. State-centred orders with limited civil societycooperation are pluralistic, while their converse are solidarist. The Association of Southeast Asian Nations was established in 1967 by Malaysia, Thailand, the Philippines, Singapore,and Indonesia based on common interests, such as strengthening sovereigntyand creating stable relations in the face of anarchic problems like communismand internal (...) instability. In numerous conventions ASEAN has adopted variousnorms, such as respect for the sovereignty of the states, the rule of law, non-useof power, peaceful resolution of disputes, and non-interference in other states.All these norms showed that the primary purpose of ASEAN is to protect statesovereignty and interests and to establish peaceful regional relations. The factthat state sovereignty is at the forefront, with limited cooperation of non-stateactors, shows that the ASEAN regional order is pluralist. This article analysesthe emergence and appearance of the ASEAN regional order in the context of the ES. (shrink)

For any type of institutionalized dispute resolution, legitimacy is a crucial characteristic, as legitimate dispute resolution promotes, for instance, general trust in state institutions and participation in economic activity. A lack of legitimacy will prevent the acceptance of dispute resolution, and thereby its use. Although many textbook definitions limit the meaning of legitimacy to legality, in its every-day use legitimacy is in fact a much broader concept. It encompasses different criteria relating to the nature of dispute (...) class='Hi'>resolution: is a form of dispute resolution properly embedded in a reliable institutional environment?, and: are its outcomes properly underpinned? Virtualization concerns the ways in which information and communication technologies affect administration, communication, accessibility and assessment. As an example of virtualization in dispute resolution, a scenario about on-line feedback is scrutinized. This scenario comprises the implementation of a feedback system to enable participants in an instance of dispute resolution to comment on various aspects of the dispute resolving process. (shrink)

In this article the main features and development trends of mediation as an alternative dispute resolution method are analyzed in the legal environment of the Republic of Lithuania. Mediation is analyzed as one of the primary informal alternative dispute resolution processes during which the third neutral, which is not authorized to take a decision during negotiations, helps the parties solve their dispute and the main aim of this process is the peaceful resolution of the dispute and (...) the renewal of social peace between parties. In order to create favourable legal environment for the implementation of mediation process, it is necessary to consolidate the main requirements for the mediation process: requirements for confidentiality, responsibility of mediators, legal power of conciliatory agreements, etc. In this article the legal regulation of mediation in the Republic of Lithuania is described as well. (shrink)

Modern Hume scholarship is still divided into two major camps when it comes to the issue of causation. There are those scholars who interpret Hume as a causal anti-realist, and there are those who interpret him as a causal realist. In my paper, I argue that there is an overwhelming amount of evidence – especially textual evidence – that should lead us to read Hume as being a causal anti-realist. That is to say, one who believes that cause and effect (...) relations are felt and known in the mind of the perceiver alone; not in objects themselves. I then attempt to settle, at least partially, the ‘two definitions of cause dispute’ that was brought about by Hume’s giving us not one, but two non-equivalent and non-substitutable definitions of the cause and effect relation. (shrink)

Globalization cannot be stopped nor denied. Sometimes it may have not only a positive impact but also a negative one, as rivalry among nations may ensue. Economic and political rivalry leads to break up of the conducive environment of political security. Unresolved territorial claims and boundary disputes may become triggering factors. Superpowers’ interference may had to the conflict. The purpose of this article is to explain the possibilities of building up trust in peaceful and democratic One Asia Community (...) by systematically and effectively introducing educational programs to enhance awareness of cultural differences, teach conflict resolution techniques, and promote an ideal of ethical responsibility and unselfishness. (shrink)

How can dispute records shed light on the study of dispute settlement processes and their social and political underpinnings? This volume addresses this question by investigating the interplay between record-making, disputing process, and the social and political contexts of conflicts. The authors make use of exceptionally rich charter materials from the Iberian Peninsula, Italy, and Scandinavia, including different types of texts directly and indirectly related to conflicts, in order to contribute to a comparative survey of early medieval dispute records and (...) to a better understanding of the interplay between judicial and other less formal modes of conflict resolution. Contributors are Isabel Alfonso, José M. Andrade, François Bougard, Warren C. Brown, Wendy Davies, Julio Escalona, Kim Esmark, Adam J. Kosto, Juan José Larrea, André Evangelista Marques, Josep M. Salrach, Igor Santos Salazar, and Francesca Tinti. (shrink)

When national borders in the modern sense first began to be established in early modern Europe, non-contiguous and perforated nations were a commonplace. According to the conception of the shapes of nations that is currently preferred, however, nations must conform to the topological model of circularity; their borders must guarantee contiguity and simple connectedness, and such borders must as far as possible conform to existing topographical features on the ground. The striving to conform to this model can be seen at (...) work today in Quebec and in Ireland, it underpins much of the rhetoric of the P.L.O., and was certainly to some degree involved as a motivating factor in much of the ethnic cleansing which took place in Bosnia in recent times. The question to be addressed in what follows is: to what extent could inter-group disputes be more peacefully resolved, and ethnic cleansing avoided, if political leaders, diplomats and others involved in the resolution of such disputes could be brought to accept weaker geometrical constraints on the shapes of nations? A number of associated questions then present themselves: What sorts of administrative and logistical problems have been encountered by existing non contiguous nations and by perforated nations, and by other nations deviating in different ways from the received geometrical ideal? To what degree is the desire for continuity and simple connectedness a rational desire, and to what degree does it rest on species of political rhetoric which might be countered by, for example, philosophical argument? These and a series of related questions will form the subject- matter of the present essay. (shrink)

We report a series of experiments carried out with Palestinian and Israeli participants showing that violent opposition to compromise over issues considered sacred is increased by offering material incentives to compromise but decreased when the adversary makes symbolic compromises over their own sacred values. These results demonstrate some of the unique properties of reasoning and decision-making over sacred values. We show that the use of material incentives to promote the peaceful resolution of political and cultural conflicts may backfire (...) when adversaries treat contested issues as sacred values. (shrink)

Financial services have a very significant impact on and meaning to the daily life and welfare of consumers. The spectrum of these types of services is very broad, and their regulation is also changing both at EU and national (Member State) level. In order to implement the main or the most relevant EU level goals, such as high level consumer rights protection, consumer trust in business sector, proper and effective functioning of the EU internal market it is essential to ensure (...) clear and sufficient legal regulation, establish responsibility of the services providers, consumer rights and duties as well as promote, seek for the more effective, faster and cheaper ways of solving consumer and business sector disputes. The authors of this article support the idea that the abovementioned goals can be achieved by close and more fruitful cooperation between the EU and national competent authorities, participation in various ad hoc expert working groups, committees or EUwide networks, such as FIN-NET. This article reflects general ideas about the problems arising in the financial consumer services sector, the activity of the EU and national institutions, seeking to ensure fair and transparent provision of such services to consumers, analysis of alternative dispute resolution (hereinafter – the ADR) methods and the good practice of their application in the EU Member States. This article highly supports the application of alternative, nonjudicial procedures and broader application of the means of selfregulation, such as codes of conduct. (shrink)

Energy services have a particularly significant impact on the daily life and welfare of consumers. The importance of such services is high, and their regulation is also changing both at the EU and Member States level, especially after the adoption of the Third Energy Package1, which is focused on improving the operation of retail markets to yield real benefits for both electricity and gas consumers. In order to implement the main or the most relevant goal of the EU, such as (...) high level of consumer rights protection, resulting in consumer trust in business sector, proper and effective functioning of the EU internal market etc., it is essential to ensure clear and sufficient legal regulation, establish responsibility of the services providers, consumer rights and duties as well as promote more effective, faster and cheaper ways of solving consumer and business disputes. The authors of this article feel the lack of scientific analysis on this issue. Despite its importance, discussions take place at political or practical level, but no recent analyses exist as to why energy services sector is so fragmented and how it affects different conditions or rights of consumers in various Member States. This article also clearly supports the idea that the above-mentioned goals can be achieved by close and more fruitful cooperation between the EU and national competent authorities, participation in various ad hoc expert working groups and committees, such as the Vulnerable Consumers Working Group. This article reflects general ideas about the problems arising in the energy consumer services sector, the activity of the EU and national institutions, seeking to ensure fair and transparent provision of such services to consumers, it also contains an analysis of alternative dispute resolution (hereinafter – the ADR) methods and good practice of their application in the EU Member States. This article highly supports the application of alternative procedures in the field of energy services and sees them as a possibility to minimise increasing consumer problems, e.g. a new phenomenon – consumer energy poverty in the EU, which is defined as the situation where a household is unable to access a socially and materially necessitated level of energy services at home and pay for the provided services. (shrink)

Šiame straipsnyje nagrinėjamos teorinės bei praktinės mediacijos taikymo prielaidos sprendžiant administracinius ginčus Lietuvoje. Remiantis mokslininkų darbais, teisės aktuose įtvirtintomis nuostatomis, administracinių teismų praktika vertinama, ar Lietuvoje galėtų būti taikoma mediacija, sprendžiant administracinius ginčus, ar šiuo metu egzistuojančiame teisiniame reguliavime galima pastebėti taikaus administracinių ginčų sprendimo galimybes. Straipsnyje pirmiausia akcentuojama galimybė kilusį administracinį ginčą išspręsti taikiai taikant mediaciją, t. y. suderinant skirtingus, konkuruojančius interesus, todėl būtent taikaus administracinių ginčų išsprendimo prielaidų ir buvo ieškoma analizuojant mokslininkų darbus, teisės aktus bei teismų praktiką. (...) Šiame darbe remiantis atliktu tyrimu vertinama, kokie administraciniai ginčai ir tarp kokių subjektų galėtų būti sprendžiami taikant mediaciją. (shrink)

Consumer disputes and their nature are changing very fast every day. E-commerce is promoted by the all relevant stakeholders such as European Commission, consumers associations, competent institutions, and business sector in order to achieve the main present goal—consumer confidence in business and full functioning of the internal EU market. Here the third parties are important—trade partners from all over the word. There is no legal relation or actions between disputes and searching for the most convenient, fast, cheap and (...) comfortable. Because of that, this article sets out general views on online transactions and consumer protection in the context of e-commerce and possible online dispute resolution means. The authors of this article are chiefly concerned about legal uncertainty and the jurisdiction as well as applicable law in business-to-consumer (B2C) e-commerce. Online dispute resolution or in other words it is called the ODR is seen as a possibility to solve these barriers in dispute resolution using technology to facilitate the resolution of disputes between parties primarily involving negotiation, mediation or arbitration, or a combination of all three. In this respect it is often seen as being the online equivalent of alternative dispute resolution. However, ODR can also augment these traditional means of resolving disputes by applying innovative techniques and online technologies to the process. (shrink)

Land is a constitutional issue in Ethiopia. Article 40 of the FDRE constitution enshrines governing provisions about rural and urban land. Legislation power is given to the federal government (Article 51(5) of the constitution) although this power can be delegated to regions (Article 50(9) of the same constitution). In contrast, administration power is allocated to regions (Article 52 (2(d)) of the constitution). The federal government has enacted the Rural Land Administration and Use Proclamation 456/2005. Both federal and regional land laws (...) have Alternative Dispute Resolution clauses. However, the opportunities and challenges of these clauses from the access to justice perspective are not studied very well. The main objective of this paper is to assess the legal framework and practice of ADR mechanisms in the rural land administration system from the access to justice perspective and come up with a policy option. Doctrinal type of legal research is applied where it involves theory testing which deals with studying existing laws (both federal and regional laws). In addition, both primary and secondary sources have been used. Primary qualitative data was collected through semi-structured interviews. The study found that there are legal constraints. One significant legal constraint is the requirement for mandatory mediation in certain regional states before seeking recourse in a court of law. Mediation is not clearly and uniformly applied per the law and in practice (often the practice and legal framework confuse mediation with arbitration, inappropriately giving decision-making powers to mediators, and turning them into arbiters). Women and Vulnerable Groups are generally more negatively affected by the overreaching of mediators into decision-making, because the mediators are more easily influenced by the party opposing women and Vulnerable Groups, and/or the mediators are culturally biased. This study recommends that mediation should be made optional, where mediators are chosen by the parties and the legal framework is clear that the role of the mediators does not involve imposing decisions. For Oromia and SNNPR, the legal regime of mediation should be clarified to avoid confusion with the arbitration. It is necessary to train community-level mediators in the law and the protection of land rights of Vulnerable Groups against gender discrimination. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 41.4 (2003) 555-557 [Access article in PDF] Quentin Skinner. Visions of Politics. Vol. I, Regarding Method. Pp. xvi + 209. Vol. II, Renaissance Virtues. Pp. xix + 461. Vol. III, Hobbes and Civil Science. Pp. xvii + 386. New York: Cambridge University Press, 2002. Cloth, $180.00. Paper, $65.00. Quentin Skinner's Visions of Politics consists of three volumes of his essays, most of which (...) have been previously published. Volume I concerns the nature of historical interpretation. It contains the classic, "Meaning and Understanding in the History of Ideas"; much of his "Reply to My Critics," from Meaning and Context (James Tully, editor [Princeton, NJ: Princeton University Press, 1988]);"Interpretation and the Understanding of Speech Acts"; and other notable essays. Volume II focuses on aspects of the Renaissance, especially discussions of the concept of liberty and various theories of civic republicanism. Volume III focuses on the life and thought of Thomas Hobbes, although its chapters also contain an enormous amount of information about ancient rhetoric, Renaissance humanism, and other things. As my brief description of the contents of these volumes indicates, Skinner's knowledge is [End Page 555] not just encyclopedic; it is Britannic. The range and depth of his scholarship, evident in each article written over several decades, is all the more impressive when they are gathered together. Unfortunately, he has stopped short of reprinting all of his articles in their entirety; for example, only part of "Hobbes on Sovereignty" (1965), is included.Although the Journal of the History of Philosophy does not normally review works of previously published essays, an exception is being made in this case because of the importance of Skinner's thought and because these volumes contain significant new material. Although most of the chapters are reprinted largely as they originally appeared, some chapters were extensively rewritten. Many readers will wish that he had changed less and provided more commentary on the views of his younger self.Given the number and originality of Skinner theses, every reader will disagree with some of them. In the rest of this review, I will discuss a few of these. Skinner makes the provocative claim that "our goals as historians should [not] be to recount [facts]... as objectively as possible" (I:1). This looks relativistic but he says that he is not a relativist. Shortly later, he makes the disturbing, but not unfamiliar, claim that "the concept of truth is irrelevant to the enterprise of explaining beliefs" (I:2). A major problem for this view is that anyone who makes a statement is, or purports to be, aiming at the truth. The fact that a speaker might not use the word 'true' or 'truth' does not show that the concept is not operating. Moreover, to be rational is to pursue the truth.Skinner is particularly interested in political rhetoric, and the rhetorical feature he studies most closely is paradiastole. Simplifying it, let's say that paradiastole is the technique of rejecting one description-cum-evaluation, say, "The prince is stubborn," for another, say, "The prince is resolute." Since redescriptions of things can go in either direction, many philosophers thought that the possibility of paradiastole undermined the objectivity of ethics. Rhetoricians fostered this belief by teaching students to argue for either side of an argument.Skinner thinks Hobbes "undoubtedly" provided a solution to the problem of paradiastole and that the solution "has the great merit of confronting the problem in a uniquely uncompromising way" (III:141). The solution depends on recognizing that the goodness of virtues "resides in the fact that they form 'the meanes of peaceable, sociable and comfortable living'" (III:137). So, when a dispute about morality arises, one simply asks "whether the effect of the action will or will not be conducive to the preservation of peace" (III:137). I do not see that this solves the problem. In early 2003, one side called the American invasion of Iraq a means to peace by defeating terrorism, the other side a provocation of war against Muslim nations; either side can be argued. Tending toward peace cannot be part... (shrink)

In this powerful and thought-provoking book, Sundeep Waslekar examines the history and politics of war and offers solutions for achieving world peace by ending the arms race. The invention of dangerous weapons, such as hypersonic missiles, killer robots and deadly pathogens, along with the rise of nationalism and intolerance, has made the human civilization more vulnerable today it has ever been before. It might endure terrorist attacks, climate change and pandemics, but humankind cannot survive a global war involving nuclear weapons. (...) Most people live in denial of such an existential risk because they feel it is not imminent. For them, this book serves as a wake-up call. In A world without war, Waslekar moves from examining the roots of war to suggesting a global social contract for lasting peace. Drawing from his comprehensive research in politics, technology, phylosophy and history, he talks about the origins of war and weaponry, the dangers inherent in the introduction of new weapons and the chilling links between nationalism and war. He argues that war is a matter of choice and that peace is essential for human beings to realize their true potential"--Page 4 of cover. (shrink)

The purpose of this paper is to integrate and analyze the research findings of previous studies dealing both directly and tangentially with the strategic ethical issues involved in alternative dispute resolution procedures and systems found in nonunion employment. Particular attention will be given to one of the most significant issues in this area at the operating and tactical level of individual companies: the procedural techniques with respect to the processing of the complaints and grievances of employees in nonunion companies (...) and firms. The paper concludes with policy recommendations for managers and recommendations for future research. (shrink)

In order to clarify the objectives of bankruptcy, to reveal the true essence of bankruptcy procedure and the origin of legal terms, it is necessary to ascertain the nature of this institute of law, as well as the reasons for its creation and development. This article provides historic analysis of the development of the institute of bankruptcy procedure. For this purpose, a historic comparative research is undertaken in the article, in order to find certain parallels of bankruptcy procedure under Roman (...) law and the modern bankruptcy procedure. Roman law has been chosen as the most phenomenal ancient law for the purposes of undertaking a historic analysis of the development of bankruptcy procedure. In the authors’ opinion, it it the best example that reveals the origin of bankruptcy procedure, and the reasons for its formation. Analysis of certain private law institutes of Roman law enables the authors to conclude that the main features (principles) of the bankruptcy procedure formed precisely under Roman law: replacement of personal liability by pecuniary; public auction as a form of realization of debtor’s property; transition from selling of debtor’s property as a whole to disposal of property in divided property units; creation of subject, who administers auctions of debtor’s property under oath not to act in selfish purposes; setting of a term of 30 days, during which a debtor has to cover the debts (claims’ dispute resolution); establishment of the institute of informing creditors about initiated procedures of debt retrieval and encouragement to join these procedures; establishment of the ban to recover debts from household items; laying of the foundations of the institute of peace agreement between the debtor and his creditors; establishment of actio Pauliana - a remedy for the protection of creditors rights. The mentioned rules in one way or another eventually have been transferred to legal acts on legal relations in case of bankruptcy of many foreign countries. (shrink)

Freedom of association for trade union has been generally accepted as part of basic human rights in Islam. Freedom of association, which include the right to join and participate in trade union activities, can be susceptible to disputes between employers and employees as well as trade unions. Islam provides freedom of association in labour relations and also mechanisms to settle disputes pertaining to such freedom. Conciliation (sulh) and arbitration (tahkim) are both used methods in the inception of Islam, (...) which have similarities with the modern sense. We shall discuss in this article the right to dispute resolution between employers and trade unions in the context of freedom of association in labour relations as based on Shari’ah law and using modern legal systems of Islamic countries such as Iran, Malaysia and Saudi Arabia as examples. (shrink)

The purpose of this article is to examine the feasibility and working of the conciliatory means for settlement of intellectual property disputes in Jordan. Arbitration is the principal mechanism used.

This article introduces the concept of alternate dispute resolution, and discusses its baseline measure and comparison process. Empirical research on ADR falls into two categories, empirically descriptive work and empirically comparative work. Litigation varies across legal systems and changes through time, just as does ADR. Many studies have documented and described patterns of uses of particular forms of dispute resolution. These studies are designed to explore variations of behavior or outcomes within a particular process. Several commentators have observed (...) that formal litigation and various forms of ADR, such as, mediation, private adjudication-arbitration, and other hybrid forms compete with and affect each other. Recent extensions of ADR suggest that the domain of dispute-resolution research is far more capacious than assessing how disputes are managed in lawsuits or courts. (shrink)

Speed, flexibility, negotiated control of outcomes, savings and absence of future enmity. Why lose all this in litigation when a new user‐friendly alternative is on the increase? The author is Chief Executive of the Centre for Dispute Resolution, 7 St. Katharine's Way, London E1 9LB, and Special Professor in ADR in the University of Birmingham, England.

In 2018, three journalists accused one of the Members of the Russian Parliament of harassment at workplace. Many influential persons of the Russian elite engaged themselves in the public discussion of the conflict. We studied that high-profiled discussion using a hybrid method merging human- and logic-oriented approaches in argumentation studies. The method develops ideas of the new dialectics, the argumentation logic and the logical-cognitive approach to argumentation, on which is based the algorithm for determining of dispute resolution by aggregating (...) formal and informal tools of analysis. We have reconstructed the discussion as two disputes about questions A and B. A: Did the MP violate the code of conduct by making statements or actions against the journalists? B: Are actions like the behavior of the MP harassment? The opinions of the discussion participants were grouped into the four points of view: A1 – the MP did not violate the code of conduct, A2 – the MP violated the code of conduct, B3 – the actions are not harassment, B4 – the actions are harassment. We mapped arguments in support or against each of them using OVA software, evaluated the arguments with the help of the critical questions, a tool proposed in the new dialectics, and determined the ultimate A + B resolution by applying of the algorithm that combines elements of gradual and labelling semantics from the argumentation logic and the classification of disputes from the dialectical approaches. The resolution was a subset of four arguments that ensured the victory of A1+B4. However, the substantial incompatibility of those arguments highlighted a deep disagreement, an unresolvable difference of opinion, between the parties about the permissibility of courtship. The deep disagreement, a bonus result yielded by the application of the hybrid method, excluded the interpretation of the determined resolution as convincing for the parties, but pointed out a way to smooth the difference of opinions by elaborating of legal, social and moral aspects of the problem of harassment at workplace. (shrink)

The characteristics of environmental disputes are such that dispute resolution approaches are not always successful. This was highlighted in recent attempts to resolve disputes related to the introduction of the Native Vegetation Conservation Act 1997 in New South Wales . Critical discourse analysis of stakeholder narratives is a technique that could be used for conflict scoping and assessment, allowing mediators or policy makers to better prepare themselves for dispute resolution processes. Media releases of the Nature Conservation (...) Council and the NSW Farmers' Association on native vegetation issues were analysed using this technique. The results show how insights into the underlying assumptions, positions, interests, value judgements and strategies of stakeholders can be obtained. This information can be used to aid the dispute resolution process by identifying misunderstandings and misconceptions, enhancing mutual understanding, appropriate integration of science and technical information and tracking changes in the dispute. (shrink)

(1991). Alternative dispute resolution and social science. Social Epistemology: Vol. 5, Social epistemology of the law, pp. 26-29. doi: 10.1080/02691729108578594.

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 41.4 (2003) 555-557 [Access article in PDF] Quentin Skinner. Visions of Politics. Vol. I, Regarding Method. Pp. xvi + 209. Vol. II, Renaissance Virtues. Pp. xix + 461. Vol. III, Hobbes and Civil Science. Pp. xvii + 386. New York: Cambridge University Press, 2002. Cloth, $180.00. Paper, $65.00. Quentin Skinner's Visions of Politics consists of three volumes of his essays, most of which (...) have been previously published. Volume I concerns the nature of historical interpretation. It contains the classic, "Meaning and Understanding in the History of Ideas"; much of his "Reply to My Critics," from Meaning and Context (James Tully, editor [Princeton, NJ: Princeton University Press, 1988]);"Interpretation and the Understanding of Speech Acts"; and other notable essays. Volume II focuses on aspects of the Renaissance, especially discussions of the concept of liberty and various theories of civic republicanism. Volume III focuses on the life and thought of Thomas Hobbes, although its chapters also contain an enormous amount of information about ancient rhetoric, Renaissance humanism, and other things. As my brief description of the contents of these volumes indicates, Skinner's knowledge is [End Page 555] not just encyclopedic; it is Britannic. The range and depth of his scholarship, evident in each article written over several decades, is all the more impressive when they are gathered together. Unfortunately, he has stopped short of reprinting all of his articles in their entirety; for example, only part of "Hobbes on Sovereignty" (1965), is included.Although the Journal of the History of Philosophy does not normally review works of previously published essays, an exception is being made in this case because of the importance of Skinner's thought and because these volumes contain significant new material. Although most of the chapters are reprinted largely as they originally appeared, some chapters were extensively rewritten. Many readers will wish that he had changed less and provided more commentary on the views of his younger self.Given the number and originality of Skinner theses, every reader will disagree with some of them. In the rest of this review, I will discuss a few of these. Skinner makes the provocative claim that "our goals as historians should [not] be to recount [facts]... as objectively as possible" (I:1). This looks relativistic but he says that he is not a relativist. Shortly later, he makes the disturbing, but not unfamiliar, claim that "the concept of truth is irrelevant to the enterprise of explaining beliefs" (I:2). A major problem for this view is that anyone who makes a statement is, or purports to be, aiming at the truth. The fact that a speaker might not use the word 'true' or 'truth' does not show that the concept is not operating. Moreover, to be rational is to pursue the truth.Skinner is particularly interested in political rhetoric, and the rhetorical feature he studies most closely is paradiastole. Simplifying it, let's say that paradiastole is the technique of rejecting one description-cum-evaluation, say, "The prince is stubborn," for another, say, "The prince is resolute." Since redescriptions of things can go in either direction, many philosophers thought that the possibility of paradiastole undermined the objectivity of ethics. Rhetoricians fostered this belief by teaching students to argue for either side of an argument.Skinner thinks Hobbes "undoubtedly" provided a solution to the problem of paradiastole and that the solution "has the great merit of confronting the problem in a uniquely uncompromising way" (III:141). The solution depends on recognizing that the goodness of virtues "resides in the fact that they form 'the meanes of peaceable, sociable and comfortable living'" (III:137). So, when a dispute about morality arises, one simply asks "whether the effect of the action will or will not be conducive to the preservation of peace" (III:137). I do not see that this solves the problem. In early 2003, one side called the American invasion of Iraq a means to peace by defeating terrorism, the other side a provocation of war against Muslim nations; either side can be argued. Tending toward peace cannot be part... (shrink)

The earliest ancient Greek text to narrate the resolution of a large-scale conflict by judicial means is Aeschylus's tragedy Eumenides, first performed in Athens in 458 BC. After explaining the historical context in which the play was performed—a context of acute civic discord and the imminent danger of an escalation of reciprocal revenge killings by the lower-class faction in Athens—this article offers a new reading of the play and asks if it can help us think about the challenges inherent (...) in conflict resolution today. The prosecutors are the Erinyes, the archaic supernatural agents of murder victims; their responsibility, in predemocratic Greece, before the invention of law courts, was to punish murderers. The defendant is Orestes, who has killed his mother but argues that, since she had killed his father, he was acting justly. The judges consist of eleven Athenian citizen jurors plus the presiding god, Athena, whose twelfth vote carries slightly more weight than any of the others. The article concludes that some aspects of the procedure are exemplary, especially Athena's insistence on respecting each side's right to be heard, her sensitivity toward the grievances felt by the defeated Erinyes, and the compensation they are offered. On the other hand, the tragedy clearly shows how difficult it is for a fair legal judgment to be made without a view to larger issues of national expedience, security, and inherent power structures, especially that of patriarchy. (shrink)

Online dispute resolution (ODR) is an alternative to traditional litigation that can both significantly reduce the disadvantages suffered by litigants unable to afford an attorney and greatly improve court efficiency and economy. An important aspect of many ODR systems is a facilitator, a neutral party who guides the disputants through the steps of reaching an agreement. However, insufficient availability of facilitators impedes broad adoption of ODR systems. This paper describes a novel model of facilitation that integrates two distinct but (...) complementary knowledge sources: cognitive task analysis of facilitator behavior and corpus analysis of ODR session transcripts. This model is implemented in a decision-support system that (1) monitors cases to detect situations requiring immediate attention and (2) automates selection of standard text messages appropriate to the current state of the negotiations. This facilitation model has the potential to compensate for shortages of facilitators by improving the efficiency of experienced facilitators, assisting novice facilitators, and providing autonomous facilitation. (shrink)

The Secord World War was a conflict which many British people feared might happen, but they strongly supported the efforts of Prime Minister Neville Chamberlain to seek a peaceful resolution of tensions with Germany over disputes in Continental Europe. Baptists in Scotland shared these concerns of their fellow citizens, but equally supported the declaration of war in 1939 after the German invasion of Poland. They saw the conflict as a struggle for spiritual values and were as concerned (...) about winning the peace that followed as well as the war. During the years 1939 to 1945 they recommitted themselves to sharing the Christian message with their fellow citizens and engaged in varied forms of evangelism and extended times of prayer for the nation. The success of their Armed Forces Chaplains in World War One ensured that Scottish Baptist padres had greater opportunities for service a generation later. Scottish Baptists had seen closer ties established with other churches in their country under the auspices of the Scottish Churches Council. This co-operation in the context of planning for helping refugees and engaging in reconstruction at the conclusion of the war led to proposals for a World Council of Churches. Scottish Baptists were more cautious about this extension of ecumenical relationships. In line with other Scottish Churches they recognised a weakening of Christian commitment in the wider nation, but were committed to the challenge of proclaiming their faith at this time. They had both high hopes and expectations for the post-war years in Scotland. (shrink)

This paper looks at intrinsic disputation within proposition, and specifically within propositions that offer a moderated version of the freedom of speech and expression. It begins from a consideration of what is at stake in Othello's ‘Rude am I in my speech’, a rhetorical gesture that frames an act of great eloquence, and in which the eloquence serves to formulate a quarrel by ostensibly resolving it. This example reveals that there is a conflict between empirical quarrel and articulated spoken (...) class='Hi'>resolution. This leads the essay to explore the way in which diplomacy works, whereby we establish the pretence that there is peace between disputatious positions through the power of the logic of ‘but’, thus: ‘I agree with you, but …’. Finally, this is extended to a consideration of the limits of and/or on free speech: ‘I defend free speech, but …’, where the ‘but’ is a gesture in which the defence of free speech is modified to the point of being obliterated. (shrink)

The seminal work on Restorative Justice by one of the founders of the movement, now fully revised and updated. In a time of bitter differences and deep division, how should we as a society respond to wrongdoing? When a crime occurs or an injustice is done, what needs to happen? What does justice require? Howard Zehr is the father of Restorative Justice and is known worldwide for his pioneering work in transforming understandings of justice. Here he proposes workable Principles and (...) Practices for making Restorative Justice possible in this revised and updated edition of his bestselling, seminal book on the movement. Our legal system's approach to justice has some important strengths, but also some deep failings. Victims, offenders, and community members often feel that justice does not adequately meet their needs. Justice professionals--judges, lawyers, prosecutors, probation and parole officers, prison staff--are frustrated with the system's shortcomings, too. Many feel that the process of justice deepens the wounds and conflicts in our society rather than bringing healing and peace. Restorative Justice, with its emphasis on identifying the justice needs of everyone involved in a crime, is a worldwide movement of growing influence that is helping victims and communities heal, while holding criminals accountable for their actions. This is not a soft-on-crime, feel-good philosophy, but rather a concrete effort to bring justice and healing to everyone involved in a crime. In The Little Book of Restorative Justice, Zehr first explores how restorative justice is different from criminal justice. Then, before letting those appealing observations drift out of reach into theoretical space, Zehr presents Restorative Justice Practices. Zehr undertakes a massive and complex subject and puts it in graspable form, without reducing or trivializing it. This is a handbook, a vehicle for moving our society toward healing and wholeness. This is a sourcebook, a starting point for handling brokenness with hard work and hope. This resource is also suitable for academic classes and workshops, for conferences and trainings, as well as for the layperson interested in understanding this innovative and influential movement. (shrink)

The article aims at resolving the issue whether the Court of Justice of the European Union (CJEU) has an exclusive jurisdiction under Article 344 of the Treaty on Functioning of the European Union (TFEU) to resolve disputes between Member States, stemming from provisions of an international treaty, a party to which is the EU. This problem is especially relevant in cases when a mixed international agreement envisages independent institutions of dispute resolution. The position of the CJEU is expressed (...) in the case of Mox Plant. The European Commission applied to the CJEU against Ireland, because it considered that Ireland, which started an arbitration procedure against United Kingdom under the UN Convention on the Law of the Sea, has infringed the exclusive jurisdiction of the CJEU under Article 344 of the TFEU. The EU is also a Contracting Party to the UN Convention on the Law of the Sea. Therefore according to the consistence case practice of the Court, the provisions of the Convention that fall under the competence of the Union constitute an indivisible part of the EU legal system. Only in such case when a provision of a treaty is attributed to exclusive competence of the Member States, the jurisdiction of the CJEU regarding that provision can be negated. Thus, when deciding on the issue of exclusive jurisdiction of the CJEU in principle, a problem of attribution of the EU and Member States’ competences arises. (shrink)