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ADR and Some Thoughts on 'The Social' in Contemporary Legal Thought

Contemporary Legal Thought (eds. Justin Desautels-Stein & Chris Tomlins, Cambridge University Press, Forthcoming).

Ohio State Public Law Working Paper No. 386

18 Pages Posted: 8 Mar 2017 Last revised: 16 Mar 2017

Amy J. Cohen

Ohio State University (OSU) - Michael E. Moritz College of Law

Date Written: March 2, 2017

Abstract

This chapter describes ADR as a paradigmatic form of contemporary legal thought and suggests that its vision of localized collaborative problem-solving points towards a reconstructed idea of “the social.” This collaborative or relational social strives to collapse what are often considered oppositional logics such as economic exchange and social connection: social relations are put into the service of economic exchange and economic exchange is configured as social relations. This contemporary social, the chapter argues, is politically open-ended and increasingly embedded in the law and economics of today.

Keywords: Alternative Dispute Resolution (ADR), the social, collaborative problem-solving, Duncan Kennedy, rights critique

Suggested Citation

Cohen, Amy J., ADR and Some Thoughts on 'The Social' in Contemporary Legal Thought (March 2, 2017). Contemporary Legal Thought (eds. Justin Desautels-Stein & Chris Tomlins, Cambridge University Press, Forthcoming).; Ohio State Public Law Working Paper No. 386. Available at SSRN: https://ssrn.com/abstract=2926537

Amy J. Cohen (Contact Author)

Ohio State University (OSU) - Michael E. Moritz College of Law ( email )

55 West 12th Avenue
Columbus, OH 43210
United States

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