Sen, justice and the private realm of dispute resolution
Bibliographic Data
| ID | 12889643 |
|---|---|
| Authors | Debbie De Girolamo (0000-0002-2427-8942, Queen Mary University of London, corresponding author) |
| Year | 2017 |
| Volume | 14 |
| Issue | 3 |
| Pages | 353-373 |
| Publication date | 2017-12-20 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International Journal of Law in Context (JOURNAL) |
| Journal identifiers | ISSN: 1744-5523 • E-ISSN: 1744-5531 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s1744552317000325 |
| OpenAlex | W2778048418 |
| Language | EN |
| References cited | 22 |
The attainment of justice through a private dispute-resolution process, such as the mediation process, is an elusive objective. With the prominent place mediation has been given in civil justice, debates about the ability of mediation to deliver substantive justice are relevant, particularly when proponents of the process argue that mediation offers some form of justice to its participants, while critics argue that it provides no justice. This paper explores the issue of justice in the private dispute-resolution process of mediation and its ability to deliver a substantive form of justice (rather than procedural or popular justice, which is often seen as the type of justice, if any, that is provided by mediation). It does so through an analysis of ethnographic data of the mediation process using Amartya Sen's justice framework set out in The Idea of Justice
Alternative dispute resolution · Criminology · Dispute resolution · Economic Justice · Law and economics · Mediation · Online dispute resolution · Party-directed mediation · Political science · Realm · Sociology · Transformative mediation · Judicial and Constitutional Studies · Law · Law in Society and Culture · Legal principles and applications
The mediation process
Argonauts of the Western Pacific
The Fugitive Identity of Mediation
The Common Place of Law
Against Settlement
A Theory of Justice
Values and justice
Argonauts of the western Pacific
The Possibility of Popular Justice
Ideas of justice
Procedural Justice in Negotiation
Legal Consciousness and Dispute Resolution
Why the "Haves" Come Out Ahead
The Idea of Justice
Social Control in an African Society. A Study of the Arusha Agricultural Masai of Northern Tanganyika
| Citation velocity | historical |
|---|---|
| Highly cited | No |