Current Illusions and Delusions about Conflict Management—In Africa and Elsewhere

Nader, Laura; Grande, Elisabetta

doi:10.1111/j.1747-4469.2002.tb00816.x

Cited by 50 publications

(13 citation statements)

References 17 publications

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“…3 3 See, for instance, Nader and Grande (2002); the successful transplanting of an Ombudsman into Poland was described in Krygier (1999, 85). …”

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confidence: 99%

Russian Legal Culture: An Analysis of Adaptive Response to an Institutional Transplant

Kurkchiyan

2009

Law soc. inq.

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This article is an inquiry into Russian legal culture and is based on the assumption that any institution transplanted from one social environment to another will be reinterpreted and reshaped, so that it can be accepted into the receiving society. The process of adaptation creates an opportunity to examine the receiving society's established practices and way of thinking. To demonstrate their effects, this article explores the author's research findings carried out in two Russian towns where institutions of media self‐regulation were set up. The findings are analyzed comparatively in order to identify how the key players in the two towns interpreted the initial ideas, established procedures and rules for the newly set up institutions, and defined the roles that were attributed to them. The results of the two‐city case study are then used to interpret some specifics of the internal logic of the local legal culture.

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“…3 3 See, for instance, Nader and Grande (2002); the successful transplanting of an Ombudsman into Poland was described in Krygier (1999, 85). …”

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confidence: 99%

Russian Legal Culture: An Analysis of Adaptive Response to an Institutional Transplant

Kurkchiyan

2009

Law soc. inq.

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“…However, although participants can voice their experiences, neither they nor those accused of crimes have procedural protections (Freeman 2006). Due to their focus on involving survivors in a nonadversarial process, truth commissions resemble alternative dispute resolution processes that emphasize procedural justice and prioritize social relationships over substantive law (Lind, Kanfer, and Earley 1990; Nader 1999; Nader and Grande 2002; Tyler 2005). As a result, a truth commission may appeal to actors with contradictory and competing beliefs and practices because, by participating, they feel their views are worth hearing and believe they can influence outcomes (see Lind and Tyler 1988).…”

Section: Discussionmentioning

confidence: 99%

Mobilizing Truth: Agenda Setting in a Transnational Social Movement

Rowen¹

2012

Law soc. inq.

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This article provides a neoinstitutionalist account of how a transnational social movement (TSM) sets its agenda. A theoretical framework is presented to reveal how logics from the transnational and local organizational fields influence legal mobilization. To provide insight into how a TSM accommodates contradictory and competing logics within and between these fields, this article examines mobilization around a fact‐finding commission, sometimes called a truth commission, to address the ongoing social and political divides in Bosnia and Herzegovina (BiH). The findings, based on fieldwork conducted between 2009 and 2011, are used to develop the theoretical concept of a quasi‐judicial medium, a legal body that, initially, will appeal to a variety of actors, but may be unable to adequately address existing divides. The conclusions point to further directions in the study of transnational legal mobilization, particularly the conditions under which the ambiguity of a movement strategy helps meet and/or moderate movement goals.

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“…Critics also argue that weak parties may generally feel less entitled to make claims on their own behalves (Grillo 1991, 1564–65). Moreover, critics submit that on balance, rights‐based, formal, and adversarial processes provide fewer systemic opportunities than extralegal collaborative processes for material and social inequalities to distort outcomes in favor of the strong (see generally Fiss 1984; Delgado et al 1985; Abel 1985; Nader 1995; Nader and Grande 2002). 31…”

Section: Critical Perspectives On Negotiation As Practices Of Gomentioning

confidence: 99%

Negotiation, Meet New Governance: Interests, Skills, and Selves

Cohen

2008

Law &Amp; Social Inquiry

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In this article, I critically examine two bodies of scholarship: negotiation literature and new governance literature. To that end, I consider The Negotiator's Fieldbook (2006), an ambitious survey of negotiation theory and practice edited by Andrea Kupfer Schneider and Christopher Honeyman, and key works by U.S. new governance architects, Michael Dorf, Charles Sabel, and William Simon. This comparison may surprise readers since negotiation literature largely focuses on interpersonal dynamics, and new governance literature aims at institutional change. I argue that these two literatures share similar assumptions about subjectivity that drive their sense of political hopefulness. In short, both envision a flexible problem‐solving subject—shaped in negotiation by a discourse of skills and in new governance by a discourse of institutional design. Based on this descriptive claim, I illustrate how reading these literatures together suggests alternative perspectives from which to consider questions of power, inequality, and distribution relevant to both fields. When no firm and lasting ties any longer unite men, it is impossible to obtain the cooperation of any great number of them unless you can persuade every man whose help is required that he serves his private interests by voluntarily uniting his efforts to those of all the others. Alexis de Tocqueville (1969, 517)

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Current Illusions and Delusions about Conflict Management—In Africa and Elsewhere

Cited by 50 publications

References 17 publications

Russian Legal Culture: An Analysis of Adaptive Response to an Institutional Transplant

Russian Legal Culture: An Analysis of Adaptive Response to an Institutional Transplant

Mobilizing Truth: Agenda Setting in a Transnational Social Movement

Negotiation, Meet New Governance: Interests, Skills, and Selves

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