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Judging and Conciliation – Differentiations and Complementarities

15 Pages Posted: 30 Apr 2013  

Peter Collin

Max Planck Society for the Advancement of the Sciences - Max Planck Institute for European Legal History

Date Written: January 16, 2013

Abstract

Diverse forms of conflict resolution were established throughout the course of history: state and non-state, judicial and extra judicial, consensual, authoritarian, contradictory forms, etc. This contribution ties in with a German tradition of discussions which broaches the issue of the alternatives of conflict resolution under the phrase “Richten oder Schlichten (Judging or conciliation). The paper sketches the life path of this discussion and develops some tentative considerations on how semantic confrontations of “Richten” and “Schlichten” can be made palatable in order to develop research questions and analytical patterns from a historical as well as a current-day perspective.

Keywords: dispute resolution, courts, non-state justice, civil procedure, legal history

Suggested Citation

Collin, Peter, Judging and Conciliation – Differentiations and Complementarities (January 16, 2013). Max Planck Institute for European Legal History Research Paper Series No. 2013-04. Available at SSRN: https://ssrn.com/abstract=2256508 or http://dx.doi.org/10.2139/ssrn.2256508

Peter Collin (Contact Author)

Max Planck Society for the Advancement of the Sciences - Max Planck Institute for European Legal History ( email )

Hansaallee 41
Frankfurt am Main, 60323
Germany

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