Justice at the mirror

Authors

  • Elisabetta Grande
  • Ugo Mattei

DOI:

https://doi.org/10.14672/ada2008160%25p

Keywords:

Justice, Alternative dispute resolution (ADR), State legal power, Globalisation

Abstract

This article critically examines Western legal traditions and alternative dispute resolution (ADR) systems in non-Western contexts, highlighting power dynamics and historical contexts often overlooked. It contrasts the centralized power of the State in Western societies with the communal justice dynamics prevalent in many non-Western cultures. ADR, while touted as harmonious and efficient, can sometimes compromise individual rights, particularly in unequal power contexts. The text underscores the challenges in reconciling differing notions of justice and power dynamics in a globalized world. Ultimately, it questions the feasibility of achieving true justice through ADR in contexts marked by unequal power relations.

Published

2024-06-08

Issue

Section

Articles