The Fugitive Identity of Mediation

Negotiations, Shift Changes and Allusionary Action

Author: Debbie De Girolamo

Publisher: Routledge

ISBN: 1134075189

Category: Law

Page: 264

View: 8744

Despite much having been written about what mediation is, direct observations of commercial mediations are limited. This book grants an opportunity to observe mediation in action and also provides external commentary about the actions observed. The book approaches Mediation ethnographically as a social process that is informed by structures, rules and norms that colour the environment within which it operates. Through the ethnographic method, a process leading to negotiated order is examined, baring its elements, identifying its influences and studying the movement to order. The result is the reconceptualization of mediation. The mediator is invited into the negotiation as third party intervener. He creates the process of mediation, defining the process by his actions, which ultimately merges mediator with process. This book provides a window to the lived experience of participants to mediation: it explores their understandings of and interactions within a process they have experienced together and demonstrates how mediation is a process inextricably linked to negotiation. The Fugitive Identity of Mediation will be of interest to scholars, mediators, parties who participate in the process, and to those active in public policy discourse.

Rechtskultur

Author: Peter Mankowski

Publisher: Mohr Siebeck

ISBN: 9783161547928

Category: Law

Page: 595

View: 3471

English summary: Legal culture has become a key notion in law and society. But how to describe it? How does it emerge? Where are its roots and foundations? Which elements constitute it? Peter Mankowski provides answers by highlighting its development and structures. Rather than establishing a grand theory, his work looks at different contexts and offers at its core a comparative-anecdotal approach to a complex, multifaceted notion. Aiming to provoke thought and encourage discussion, the author depicts the societal, religious and ideological traditions surrounding legal culture, which has to be dynamic to keep apace with progress in society, science and technology. An international phenomenon, legal culture looks at individuals and their relationships to society and community. Its often media influenced public perception and own image within the legal profession are further constituent parts. In short, legal culture is colourful and mirrors the vitality of law and life. German description: Rechtskultur ist ein zentraler Begriff in Recht und Gesellschaft. Was aber ist Rechtskultur? Wie entsteht Rechtskultur? Welche Facetten hat Rechtskultur? "Rechtskultur" ist ein Versuch, Antworten, Konturen und Strukturen zu entwickeln. Peter Mankowski will dabei keine Grosstheorie aufstellen, sondern Zusammenhange aufzeigen. Er bietet im Kern eine rechtsvergleichend-anekdotische Annaherung an einen schwierigen und vielschichtigen Begriff. Dabei will er Anstosse geben und anregen. Rechtskultur steht in gesellschaftlichen, religiosen und ideologischen Traditionen. Rechtskultur ist dynamisch. Sie muss versuchen, mit gesellschaftlichen, wissenschaftlichen und technischen Entwicklungen Schritt zu halten. Rechtskultur speist sich aus der Wahrnehmung der Laien, vermittelt durch Bilder in Medien, ebenso wie aus dem Selbstverstandnis der Juristen. Rechtskultur bezieht sich auf den Einzelnen ebenso wie auf dessen Verhaltnis zu Gemeinschaften. Rechtskultur zeigt sich in internationalen Kontexten. Rechtskultur ist so bunt und vielgestaltig wie das Recht und das Leben selber.

A-Z of Mediation

Author: Marian Roberts

Publisher: Macmillan International Higher Education

ISBN: 1137003006

Category: Law

Page: 256

View: 9961

If you are in search of a concise yet authoritative overview of mediation as a process of dispute resolution, then you need look no further. Marian Roberts' A-Z of Mediation succinctly captures the concepts, applications, debates and critiques that are shaping this rapidly expanding field. Expertly organised into just over 80 entries, the book combines theory, research and practitioner experience to provide a wealth of insight and analysis. The book's unique A-Z format makes it an ideal point of reference. Numerous cross-references are in place to guide you through the material and highlight the field's connecting strands. The key classic and contemporary readings are also systematically signposted, topic by topic, drawn from an extensive multidisciplinary literature. Whether you are studying, training or already in practice, this book provides an invaluable source of clarity as well as a comprehensive map of the field.

Effective Mediation Advocacy

Author: Andrew Goodman

Publisher: Tarquin

ISBN: 1858115043

Category: Law

Page: 320

View: 6953

Covering issues of substance, including the legal context of mediation, process, tactics and strategy, the book also includes the current rules and example problems set for more than ten major national and international student mediation and negotiation competitions held around the world.

Journeys of the Slave Narrative in the Early Americas

Author: Nicole N. Aljoe,Ian Finseth

Publisher: University of Virginia Press

ISBN: 081393639X

Category: Literary Criticism

Page: 256

View: 4023

Focusing on slave narratives from the Atlantic world of the eighteenth and early nineteenth centuries, this interdisciplinary collection of essays suggests the importance—even the necessity—of looking beyond the iconic and ubiquitous works of Olaudah Equiano, Frederick Douglass, and Harriet Jacobs. In granting sustained critical attention to writers such as Briton Hammon, Omar Ibn Said, Juan Francisco Manzano, Nat Turner, and Venture Smith, among others, this book makes a crucial contribution not only to scholarship on the slave narrative but also to our understanding of early African American and Black Atlantic literature. The essays explore the social and cultural contexts, the aesthetic and rhetorical techniques, and the political and ideological features of these noncanonical texts. By concentrating on earlier slave narratives not only from the United States but from the Caribbean, South America, and Latin America as well, the volume highlights the inherent transnationality of the genre, illuminating its complex cultural origins and global circulation.

Memory, narrative, and identity

new essays in ethnic American literatures

Author: Amritjit Singh,Joseph T. Skerrett,Robert E. Hogan

Publisher: Northeastern Univ Pr

ISBN: N.A

Category: Literary Criticism

Page: 349

View: 1488

The fourteen insightful essays in this timely volume focus on the different ways in which ethnic American writers use memory as a device to redefine history and culture, to validate both a personal and a collective identity, and to shape narrative. The contributors articulate how the works of diverse American writers of African, Mexican, Irish, Chinese, South Asian, Jewish, and Native American descent chart memory's forays into language, narrative, and identity. The cultural and political realities of race and ethnicity in American life - as refracted through memory and imagination - give a special meaning to the identity crisis of hyphenated Americans. In examining the complicated issues of cultural memory, the contributors pay attention to historical conditions, hegemonic discourses, and differences of gender, class, and region. Some of the essays consider a single writer, while others adopt a comparative approach. Some are multi-disciplinary, drawing on insights from anthropology or semiotics, while others provide close textual analysis. Rather than providing systematic coverage of major ethnic writers of all ethnic literatures, Memory, Narrative, and Identity: New Essays in Ethnic American Literatures demonstrates the broad range of suggestive and provocative approaches that may be employed in studying the traces of memory in language and narrative. In their introduction, the editors have provided a valuable backward glance at how issues of race and ethnicity have come to be acknowledged as central to current literary debates. This group of critical essays not only approaches issues of memory, narrative, and cultural politics in defining the complex realities of American ethnicity and cultural identity, but also focuses on the roles of time and orality in validating both historical and narrative experience. This collection also addresses the ways in which immigrant or racial memory filters through the expanding net of language and consciousness, at the same time filling in our understanding of imagination and cultural memory.

The Rise and Fall of Al-Qaeda

Author: Fawaz A. Gerges

Publisher: Oxford University Press

ISBN: 0199911711

Category: Political Science

Page: 272

View: 6524

In this concise and fascinating book, Fawaz A. Gerges argues that Al-Qaeda has degenerated into a fractured, marginal body kept alive largely by the self-serving anti-terrorist bureaucracy it helped to spawn. In The Rise and Fall of Al-Qaeda, Gerges, a public intellectual known widely for his expertise on radical ideologies, including jihadism, argues that the Western powers have become mired in a "terrorism narrative," stemming from the mistaken belief that America is in danger of a devastating attack by a crippled al-Qaeda. To explain why al-Qaeda is no longer a threat, he provides a briskly written history of the organization, showing its emergence from the disintegrating local jihadist movements of the mid-1990s-not just the Afghan resistance of the 1980s, as many believe-in "a desperate effort to rescue a sinking ship by altering its course." During this period, Gerges interviewed many jihadis, gaining a first-hand view of the movement that bin Laden tried to reshape by internationalizing it. Gerges reveals that transnational jihad has attracted but a small minority within the Arab world and possesses no viable social and popular base. Furthermore, he shows that the attacks of September 11, 2001, were a major miscalculation--no "river" of fighters flooded from Arab countries to defend al-Qaeda in Afghanistan, as bin Laden expected. The democratic revolutions that swept the Middle East in early 2011 show that al-Qaeda today is a non-entity which exercises no influence over Arabs' political life. Gerges shows that there is a link between the new phenomenon of homegrown extremism in Western societies and the war on terror, particularly in Afghanistan-Pakistan, and that homegrown terror exposes the structural weakness, not strength, of bin Laden's al-Qaeda. Gerges concludes that the movement has splintered into feuding factions, neutralizing itself more effectively than any Predator drone. Forceful, incisive, and written with extensive inside knowledge, this book will alter the debate on global terrorism.

Dispute Processes

ADR and the Primary Forms of Decision-Making

Author: Simon Roberts,Michael Palmer

Publisher: Cambridge University Press

ISBN: 9780521676014

Category: Law

Page: 389

View: 2949

Considers the primary forms of alternative dispute resolution (ADR) - negotiation, mediation, and umpiring.

Kabbalah and art

Author: Léo Bronstein

Publisher: Brandeis University Press

ISBN: N.A

Category: Art

Page: 120

View: 4621

Told as a series of reflections, this study traces links between cultures as diverse as pre-Vedic India and late 19th-century France. An array of unrelated artists are all in fact linked by the Kabbalah and the correlation between art and this mystic Jewish thought.

Monsters, Tricksters, and Sacred Cows

Animal Tales and American Identities

Author: Albert James Arnold

Publisher: University of Virginia Press

ISBN: 9780813916460

Category: Social Science

Page: 291

View: 9485

The 1992 Quincentennial of the encounter between the New World and the Old resulted in a veritable culture war- an extreme polarization of hardened ideological positions on different ideas of America. Monsters, Tricksters, and Sacred Cows brings a fresh perspective to the confusing question of American identity. It clears the minefields laid by the generals commanding the opposing camps, while demonstrating that both sides have been primarily interested in protecting and defending an idea of "Americanness" that cannot resist scrutiny. Some of the leading international scholars in anthropology, comparative literature, and history of the Americas show convincingly in this book that contacts between and among peoples and ethnic groups have, since early colonial times, produced new- and typically American- cultural forms throughout the hemisphere. Monsters, Tricksters, and Sacred Cows will appeal to the general reader and will attract a wide readership in folklore and cultural anthropology as well as in Caribbean and Latin American studies, comparative literature, and history.

Against Recognition

Author: Lois McNay

Publisher: Polity

ISBN: N.A

Category: Social Science

Page: 240

View: 487

The idea of the struggle for recognition features prominently in the work of various thinkers from Charles Taylor and Jurgen Habermas to Axel Honneth and Nancy Fraser who are concerned with the centrality of issues of identity in modern society. In differing ways, these thinkers use the idea of recognition to develop accounts of the individual which are opposed to the asocial individualism of liberal thought and to the abstraction of much work on the subject. The idea of recognition expresses the notion that individuality is an intersubjective phenomenon formed through pragmatic interactions with others. By highlighting the intersubjective features of individuality, the idea of recognition has both descriptive and normative content and it has important implications for a feminist account of gender identity. In this brilliant and original book, Lois McNay argues that the insights of the recognition theorists are undercut by their reliance on an inadequate account of power. The idea of recognition relies on an account of social relations as extrapolations of a primal dyad of interaction that overlooks the complex ways in which individuality is connected to abstract social structures in contemporary society. Using Bourdieu's relational sociology, McNay develops an alternative account of individual agency that connects identity to structure. By focussing on issues of gender identity and agency, she opens up new pathways to move beyond the oppositions between material and cultural feminisms.

South Atlantic Review

The Publication of the South Atlantic Modern Language Association

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Languages, Modern

Page: N.A

View: 8295

Justice of the Peace

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Justices of the peace

Page: N.A

View: 721

Mapping the Ethical Turn

A Reader in Ethics, Culture, and Literary Theory

Author: Todd F. Davis,Kenneth Womack

Publisher: University of Virginia Press

ISBN: N.A

Category: Literary Criticism

Page: 296

View: 2828

Divided into four descriptive sections—"Theory and the Ethics of Literary Text," "Confronting the Difficult: The Ethics of Race and Power," "Making Darkness Visible: The Ethical Implications of Narrative as Witness," and "Ways of Seeing: The Diversity of Applied Ethical Criticism"—this unprecedented collection of essays traces the interpretive, pedagogic, and theoretical concerns inherent in the study of literature, ethics, and modes of criticism. Wayne C. Booth's "Why Ethical Criticism Can Never Be Simple," J. Hillis Miller's "How to Be 'in Tune with the Right' in The Golden Bowl," Susan Gubar's "Poets of Testimony," and Martha C. Nussbaum's "Exactly and Responsibly: A Defense of Ethical Criticism" are among the fifteen essays included. Bringing together ethical criticism's most important theorists, Mapping the Ethical Turn is a cohesive introduction to a reading paradigm that continues to influence the ways in which we think and feel about the stories that mark our lives.

INVENTING JERRY LEWIS

Author: KRUTNIK FRANK

Publisher: Smithsonian

ISBN: N.A

Category: Performing Arts

Page: 317

View: 9938

Examining such early '60s solo works as The Bellboy, The Nutty Professor, and The Patsy, Krutnik explores the ways in which Lewis both dismantled the conventions of film comedy and manipulated the codes of his public identity. Charting the decline of Lewis's film career and his simultaneous rise to fame as the emotional powerhouse of the Muscular Dystrophy Association telethon, the author also traces Lewis's attempt to create a serious, adult image to replace that of the aging 'kid'"--BOOK JACKET.