Private Justice: The Privatisation of Dispute Resolution and the Crisis of Law
dc.contributor.author
dc.date.accessioned
2021-02-17T10:05:03Z
dc.date.available
2021-02-17T10:05:03Z
dc.date.issued
2020-08-25
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2517-8121
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dc.description.abstract
We are experiencing a major revolution in the way in which disputes between individuals are resolved. Almost everywhere civil justice is being privatised and court adjudication is disappearing. Private conflicts are less and less decided by judges sitting in courtrooms, through a fair trial and according to law, and are more and more resolved out-of-court with the help of decision-facilitators through settlements and agreements. Despite the unquestioned importance of this global tendency, its most theoretical dimensions have woefully attracted very little attention. How does this radical and structural change affect the way we look at, and think of, the law? How is this revolution transforming, or even disarticulating, our ideas of legality and justice? This article aims to set the background for further discussion of these issues and provide a tentative answer to these questions. It does so by critically looking at some of the rhetorical arguments deployed by ADR advocates (with a focus on the English legal system) and investigating from a theoretical viewpoint how they potentially threaten our traditional views (a) on the role legal rules are expected to play in societies and (b) on the concept of formal justice and its corollaries
dc.description.sponsorship
Juan de la Cierva’ Postdoctoral Research Fellow in Law, University of Girona, Càtedra de Cultura Juridica
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application/pdf
dc.language.iso
eng
dc.publisher
University of Wolverhampton. Law Research Centre
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Reproducció digital del document publicat a: https://ssrn.com/abstract=3679932
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Wolverhampton Law Journal, 2020, vol. 4
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Articles publicats (D-DP)
dc.rights
Attribution-NonCommercial 4.0 International
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dc.title
Private Justice: The Privatisation of Dispute Resolution and the Crisis of Law
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info:eu-repo/semantics/article
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info:eu-repo/semantics/openAccess
dc.type.version
info:eu-repo/semantics/publishedVersion
dc.identifier.idgrec
034849
dc.type.peerreviewed
peer-reviewed