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31The Problem of Legitimacy in MediationContemporary Issues in Law 9 48-60. 2008.Mediation is becoming more and more prominent as a mode of legal dispute resolution. The problem of legitimacy in mediation raises the question of why mediation is legitimate as a means of settling social disputes. This issue mirrors a long-running and deep-seated problem of legitimacy in law generally. We argue that the most promising strategy for justifying the normative force of law - namely, that law provides a mutually beneficial mechanism of social coordination - does not translate straigh…Read more
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35Levinasian Ethics and Legal ObligationRatio Juris 19 (4): 421-433. 2006.This paper discusses the implications of the ethical theory of Emmanuel Levinas for theoretical debates about legal obligation. I begin by examining the structure of moral reasoning in light of Levinas's account of ethics, looking particularly at the role of the third party (le tiers) in modifying Levinas's primary ethical structure of the face to face relation. I then argue that the primordial role of ethical experience in social discourse, as emphasised by Levinas, undermines theories, such as…Read more
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33Barden Garrett , and Murphy Tim . Law and Justice in Community . Oxford: Oxford University Press, 2010. Pp. 330. $100.00 (cloth) (review)Ethics 122 (2): 394-398. 2012.
Australia
Areas of Specialization
Philosophy of Law |
Normative Ethics |
Social and Political Philosophy |
Continental Philosophy |