Abstract

http://ssrn.com/abstract=901262
 
 

Citations (5)



 
 

Footnotes (115)



 


 



Peace and Justice: Notes on the Evolution and Purposes of Legal Processes


Carrie Menkel-Meadow


University of California Irvine, School of Law; Georgetown University Law Center


Georgetown Law Journal, Vol. 94, pp. 553-580, 2006
Georgetown Public Law Research Paper No. 901262

Abstract:     
This text of the inaugural lecture for the A.B. Chettle, Jr. Chair in Dispute Resolution and Civil Procedure at Georgetown University Law Center presents an intellectual outline (theory and practice) for a house of justice built on the foundations of Lon Fuller, the Legal Process school, Jurgen Habermas' and Stuart Hampshire's social philosophy about democratic processes, the floors of comparative processes, drawing on the work of political theorist Jon Elster and empirical work on legal and political processes and the ceilings of new processes, like consensus building fora, truth and reconciliation commissions and other combinations of legal and political processes. A model of different modes of human conflict resolution is outlined with differentiations of different forms of process (open/closed; plenary/committees; expert/naturalistic; constitutive/permanent/ad hoc).

The article suggests a broadened view of what should be taught as legal process - beyond conventional civil procedure to many more forms of human legal and political processes. If process is the human bridge between justice and peace then we much teach about both kinds of processes - those seeking justice and those seeking peace; hopefully they can both be accomplished.

Number of Pages in PDF File: 28

Keywords: Procedure, Dispute Resolution, Legal Pluralism

Accepted Paper Series


Download This Paper

Date posted: May 16, 2006  

Suggested Citation

Menkel-Meadow, Carrie, Peace and Justice: Notes on the Evolution and Purposes of Legal Processes. Georgetown Law Journal, Vol. 94, pp. 553-580, 2006; Georgetown Public Law Research Paper No. 901262. Available at SSRN: http://ssrn.com/abstract=901262

Contact Information

Carrie J. Menkel-Meadow (Contact Author)
University of California Irvine, School of Law ( email )
401 E. Peltason Drive
Irvine, CA 92697-1000
United States
949-824-1987 (Phone)
Georgetown University Law Center ( email )
600 New Jersey Avenue, NW
Washington, DC 20001
United States
202-662-9379 (Phone)
202-662-9412 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 1,706
Downloads: 354
Download Rank: 46,239
Citations:  5
Footnotes:  115

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.234 seconds