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Published byCordelia Gordon Modified over 8 years ago
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Announcements Response questions due Wednesday and Friday in Quiz Section this week. Questions
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Part I: Dyadic and Triadic Dispute Resolution I. Norms and dispute resolution: 3 levels A. the single actor B. Dyadic C. Triadic
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II. Two main kinds of conflict resolution A.Dyadic Conflict Resolution: - process by which 2 parties resolve the conflict on their own B. Triadic Conflict Resolution: - process by which a dyadic dispute is resolved by a 3 rd party.
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III. Triadic Conflict Resolution A.Formation of the Triad: 2 disputants and an arbitrator/adjudicator B.Why is triadic dispute resolution so wide spread? Consent and neutrality
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Part II: Logic of Courts I.What are Courts? A. Distinctions between Courts and other dispute resolvers 1. The Judicial Paradigm: Judge, settles disputes, brought by at least one party, parties argue their case, according to fixed procedures, judge resolves dispute by applying a legal norm
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(I. What are courts, A. Distinctions, cont.) 2. The functioning of a court a. resolve disputes b. social control c. courts as policymakers
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II. The Logic of Courts A. Social Logic -Early Roman Example and consent B. Courts, Legitimacy and the Social Logic -The substitution of law and office for mutual consent
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(II. The Logic of Courts, cont.) C. Understanding the Varying Court Roles 1. Courts as Dispute Resolvers Mediating Continuum Go Between > Mediator > Arbitrator > Judge (consent/ (no consent/ non-dichotomousdichtomousdecisions)
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(II. The Logic of Courts, C. Understanding court roles, cont.) 2. Courts and Social Control -can undermine social legitimacy -impose a 3 rd interest of the state 3. Courts as Policymakers - can further undermine legitimacy - through interpretations they can expand the meaning of law
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