ADR in the age of contemporaneity : complexity, chaos and pedagogy

Martins, Nadia Bevilaqua. (2004). ADR in the age of contemporaneity : complexity, chaos and pedagogy PhD Thesis, T. C. Beirne School of Law, The University of Queensland.

       
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Author Martins, Nadia Bevilaqua.
Thesis Title ADR in the age of contemporaneity : complexity, chaos and pedagogy
School, Centre or Institute T. C. Beirne School of Law
Institution The University of Queensland
Publication date 2004
Thesis type PhD Thesis
Supervisor Professor Nadja Alexander
Total pages 391
Collection year 2004
Language eng
Subjects L
390199 Law not elsewhere classified
750599 Justice and the law not elsewhere classified
Formatted abstract This thesis is an attempt to set the foundation status for the systematisation of the 'Theory of Knowledge' of Alternative Dispute Resolution (ADR) non-existent until now. It works on the re-contextualization of ADR within three cultures - humanistic, scientific and mass (or religious culture) at the same time, under the lights of a new rationality synthetically named New Sciences and Complexity.

It constitutes a theoretical-philosophical explanation not of the 'instituted knowledge', but rather of a journey in science 'in the making'. The finality of this project is the construction of a theoretical basis capable of sustaining ADR as a scientific field in spacetime. The objective is a threefold continuum: (1) to guide ADR to Third Millennium scientificity; (2) to input philosophy into ADR reasoning; and (3) as a consequence of (1) and (2) to re-signify the function of ADR within the 21st century legal culture system.

This work was conceived in two parts. Part I reflects on the truth. What is the truth in 21 st century as initial conditions for conducting any logical-axiological operation to 'qualify' reasoning in spacetime. It assembles conceptual-philosophically the complex network that designs this new rationality and its new methodological system of inquiry - constructivism, transdisciplinarity and exlectics. Part I deals with matter. It is generalist, universal and self-referential. It constitutes the bedrock of Part II. Part II is disciplinary. It relies expressly and latently on the former from which propositions stem logical-axiologically. Part II reflects on ADR philosophical space, place and scientific conception within the edifice of knowledge of the Postmodern Era. It assesses ADR existent reality and desired reality.
Keyword Dispute resolution (Law)

 
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Created: Fri, 24 Aug 2007, 18:23:41 EST