Beyond Disagreement
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Beyond Disagreement
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Author : Aruna Sathanapally
language : en
Publisher: OUP Oxford
Release Date : 2012-10-25
Beyond Disagreement written by Aruna Sathanapally and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-25 with Law categories.
Examining the role of 'open remedies' in human rights adjudication, this book provides a new perspective informing comparative constitutional debates on how to structure institutional relationships over fundamental rights and freedoms. Open remedies declare a human rights violation but invite the other branches of government to decide what corrective action should be taken. Open remedies are premised on the need to engage institutions beyond courts in the process of thinking about and acting on human rights problems. This book considers examples across the United States, South Africa, Canada, and internationally, emphasising their similarities and differences in design and the diverse ways they could operate in practice. he book investigates these possibilities through the first systematic legal and empirical study of the declaration of incompatibility model under the United Kingdom Human Rights Act. This new model provides a non-binding declaration that the law has infringed human rights standards, for the legislature's consideration. By design, it has the potential to support democratic deliberation on what human rights require of the laws and policies of the State, however, it also carries uncertainties and risks. Providing a lucid account of existing debates on the relative roles of courts and legislatures to determine the requirements of fundamental rights commitments, the book argues that we need to look beyond the theoretical focus on rights disagreements, to how these remedies have operated in practice across the courts and the political branches of government. Importantly, we should pay attention to the nature and scope of legislative engagement in deliberation on the human rights matters raised by declarations of incompatibility. Adopting this approach, this book presents a carefully argued view of how courts have exercised this power, as well as how the UK executive and Parliament have responded to its use.
Beyond Disagreement
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Author : Aruna Sathanapally
language : en
Publisher: Oxford University Press
Release Date : 2012-10-25
Beyond Disagreement written by Aruna Sathanapally and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-25 with Law categories.
Providing the first empirical analysis of declarations of incompatibility under the UK Human Rights Act and their aftermath in the legislative process, this book details these 'open remedies' and draws comparisons with similar human rights mechanisms in the US, Canada, South Africa, and Australia.
Beyond Agreement
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Author : Scott Steinkerchner
language : en
Publisher: Rowman & Littlefield Publishers
Release Date : 2010-11-16
Beyond Agreement written by Scott Steinkerchner and has been published by Rowman & Littlefield Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-16 with Religion categories.
Beyond Agreement addresses the thorny question of how to make interreligious dialogue productive when the religious differences are so large that finding common ground seems unlikely. The book offers a way to think about interreligious dialogue that allows people to stay committed to their own truth as they have come to know it while being open to learning from other religions. It then outlines a way for Christian theologians to enter into a profitable dialogue with the beliefs and traditions of other religions by presenting practical steps to follow in order to keep the dialogue productive and respectful of similarities and differences among religions.
Beyond Agreement
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Author : Scott Steinkerchner
language : en
Publisher: Rowman & Littlefield
Release Date : 2010
Beyond Agreement written by Scott Steinkerchner and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Christianity and other religions categories.
Beyond Agreement addresses the thorny question of how to make interreligious dialogue productive when the religious differences are so large that finding common ground seems unlikely. The book offers a way to think about interreligious dialogue that allows people to stay committed to their own truth as they have come to know it while being open to learning from other religions.
Beyond Neutrality
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Author : Bernard S. Mayer
language : en
Publisher: John Wiley & Sons
Release Date : 2004-04-26
Beyond Neutrality written by Bernard S. Mayer and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-04-26 with Business & Economics categories.
In this thought-provoking, passionately written book, Bernard Mayer—an internationally acclaimed leader in the field—dares practitioners to ask the hard questions about alternative dispute resolution. What’s wrong with conflict resolution? Why aren’t more individuals and organizations using conflict resolution when they have a problem? Why doesn’t the public know more about it? What are the limits of conflict resolution? When does conflict resolution work and when does it not? Offering a committed practitioner’s critique of the profession of mediation, arbitration, and alternative dispute resolution, Beyond Neutrality focuses on the current crisis in the field of conflict resolution and offers a pragmatic response.
Beyond The Courtroom
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Author : Hal Abramson
language : en
Publisher: Academic Studies PRess
Release Date : 2020-11-03
Beyond The Courtroom written by Hal Abramson and has been published by Academic Studies PRess this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-03 with Law categories.
Beyond the Courtroom provides a compilation of articles and chapters by a dispute resolution scholar who has made remarkable contributions over his thirty-year career. Professor Abramson has focused his research and practice on parties trying to resolve their own disputes. This book includes publications that have contributed to launching the then new field of mediation representation with special attention on how attorneys, as gate keepers to mediation, can effectively represent clients. The book also includes his original publications that have contributed to the emerging field of intercultural and international mediation and the already robust and mature field of negotiations.
Dealing With Diversity And Disagreement
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Author : Joseph A. Komonchak
language : en
Publisher:
Release Date : 2003
Dealing With Diversity And Disagreement written by Joseph A. Komonchak and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Conflict management categories.
Democracy And Disagreement
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Author : Amy Gutmann
language : en
Publisher: Harvard University Press
Release Date : 2009-07-01
Democracy And Disagreement written by Amy Gutmann and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-01 with Political Science categories.
The din and deadlock of public life in America—where insults are traded, slogans proclaimed, and self-serving deals made and unmade—reveal the deep disagreement that pervades our democracy. The disagreement is not only political but also moral, as citizens and their representatives increasingly take extreme and intransigent positions. A better kind of public discussion is needed, and Amy Gutmann and Dennis Thompson provide an eloquent argument for “deliberative democracy” today. They develop a principled framework for opponents to come together on moral and political issues. Gutmann and Thompson show how a deliberative democracy can address some of our most difficult controversies—from abortion and affirmative action to health care and welfare—and can allow diverse groups separated by class, race, religion, and gender to reason together. Their work goes beyond that of most political theorists and social scientists by exploring both the principles for reasonable argument and their application to actual cases. Not only do the authors suggest how deliberative democracy can work, they also show why improving our collective capacity for moral argument is better than referring all disagreements to procedural politics or judicial institutions. Democracy and Disagreement presents a compelling approach to how we might resolve some of our most trying moral disagreements and live with those that will inevitably persist, on terms that all of us can respect.
Beyond Dispute
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Author : Stafford Beer
language : en
Publisher: John Wiley & Sons
Release Date : 1994-09-20
Beyond Dispute written by Stafford Beer and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-09-20 with Business & Economics categories.
Over the last forty years, Stafford Beer has published a steady stream of books and papers in which he has applied cybernetic science to organizational problems. In all of these he has explained underlying principles and developed new theories and recorded a great variety of practical applications. He has now invented and demonstrated Team Syntegrity. Syntegrity is a powerful invention in the organization of normative, directional, and strategic planning, and other creative decision processes. The underlying model is a regular icosahedron (20 sides). This has 30 edges, each of which represents a person. An internal network of interactions is created by a set of protocols. A group organized like this is an ultimate statement of participatory democracy, since each role is indistinguishable from any other. There is no hierarchy, no top, no bottom, no sideways. Beer illustrates how continued dynamic interaction between persons causes ideas and resolutions to hum around the sphere, which reverberates into a kind of group consciousness. Mathematical analysis of the structure shows how the process is determined by the even spread of synergy. The aim of the book is to provide managers and their advisors with a new planning method that captures the native genius of the organization in a non-political and non-hierarchical way. The book includes an enquiry into Beer?s concept of recursive consciousness, based on this model, that is relevant to both neurocybernetics and the social systems sciences.
Dispute Resolution
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Author : Carrie J. Menkel-Meadow
language : en
Publisher: Aspen Publishing
Release Date : 2018-09-14
Dispute Resolution written by Carrie J. Menkel-Meadow and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-14 with Law categories.
Dispute Resolution: Beyond the Adversarial Model, Third Edition provides a comprehensive look at the current state of ADR. For each area of Negotiation, Mediation, Arbitration, and Hybrid processes, the text incorporates four key aspects: the theoretical framework defining the process; the skills needed to practice it; the ethical issues implicated in its use and how to counsel users of such processes; and legal and policy analyses, with questions and problems within the text. New to the Third Edition: A shorter, more compact book designed to be student-friendly Exercises and discussion problems throughout Designed for one chapter to be covered each week of a typical ADR course The latest on Online Dispute Resolution, Dispute System Design, Supreme Court decisions on arbitration, and empirical work on mediation and negotiation Professors and students will benefit from: Comprehensive, current coverage. The theory, skills, ethical issues, and legal and policy analyses relevant to all key areas of contemporary ADR practice—Negotiation, Mediation, Arbitration, and hybrid and multi-party processes and their appropriate uses—are thoroughly covered using a rich range of up-to-date cases and readings. Authored by the leading scholars and teachers in the field of Dispute Resolution. The authors are award winning and recognized for their scholarship, teaching, practice, policy making, and standards drafting throughout the wide range of particular ADR processes. Practical approach to problem-solving. The text engages students as active participants in resolving human and legal problems, using individual or combined resolution processes in varying gender, race, and cultural contexts. International and multi-party dispute resolution. These important, high-interest contexts and applications are thoroughly covered in discrete chapters. Readings balance theory and theory-in-use. Readings include cases, behaviorally and critically based articles, examples, empirical studies, and relevant statutory and other regulatory material to illuminate the challenge of balancing rules and laws with the economic and emotional constraints inherent in disputes. Challenging, relevant readings. The text includes a wide range of perspectives, from Fisher, Ury, and Patton’s Getting to Yes, Raiffa’s Art and Science of Negotiation, and materials on modern deliberative democracy, group facilitation and decision making, counseling clients about uses of ADR, enforcement of negotiation, and mediation agreements. Key cases include AT&T v. Concepcion and other recent Supreme court cases on arbitration. Teaching materials include: Numerous role-plays and simulations for skills development Suggested teaching exercises, syllabi and “answers” to problem boxes found in text Recommendations for supplemental materials, such as videos and transcripts Examination and paper suggestions for each chapter