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Justice and the Common Good in Dispute Resolution Discourse in the United States and the People’s Republic of China

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  • Murphy Tim

    (Departamento de Derecho Internacional, Eclesiástico y Filosofía del Derecho, Universidad Carlos III de Madrid, Madrid, Spain)

Abstract

Rule of Law development initiatives typically include a preference for formal or State law over informal or customary law. In dispute resolution initiatives, formal court-based adjudication is regarded as the process most likely to promote economic development and certainly as preferable to less formal mechanisms such as mediation. This article compares formal and informal methods of dispute resolution with specific reference to the trajectories of adjudication in the United States and mediation in China. Whereas adjudication seeks generally to resolve disputes in accordance with justice, understood in classical Western thought as the rendering to each what is due, informal dispute resolution is oriented more towards the common good, understood classically as the maintenance of a peaceful social order that allows people to pursue their individual and collective goals in community. These conceptions of justice and the common good are not uncontroversial but their ideologies play a significant role in dispute resolution discourse in both the US and China. This article suggests that developments in each of these jurisdictions have brought about relatively successful pluralist or “hybrid” dispute resolution systems, a suggestion that speaks against any general or fixed preference in dispute resolution initiatives for formal over informal processes.

Suggested Citation

  • Murphy Tim, 2017. "Justice and the Common Good in Dispute Resolution Discourse in the United States and the People’s Republic of China," The Law and Development Review, De Gruyter, vol. 10(2), pages 305-339, October.
    • Handle: RePEc:bpj:lawdev:v:10:y:2017:i:2:p:305-339:n:4
    DOI: 10.1515/ldr-2017-0016
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    References listed on IDEAS

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    1. Herbert M. Kritzer, 2004. "Disappearing Trials? A Comparative Perspective," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 1(3), pages 735-754, November.
    2. Busch, Berthold & Matthes, Jürgen, 2016. "Brexit - the economic impact: A meta-analysis," IW-Reports 10/2016, Institut der deutschen Wirtschaft (IW) / German Economic Institute.
    3. Murphy, Tim & O’Connell, Vincent, 2017. "Challenging the dominance of formalism in accounting education: An analysis of the potential of stewardship in light of the evolution of legal education," CRITICAL PERSPECTIVES ON ACCOUNTING, Elsevier, vol. 44(C), pages 1-29.
    4. Deloitte, 2016. "Economic Analysis of VAT Aspects of e-Commerce," Taxation Studies 0067, Directorate General Taxation and Customs Union, European Commission.
    5. Marc Galanter, 2004. "The Vanishing Trial: An Examination of Trials and Related Matters in Federal and State Courts," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 1(3), pages 459-570, November.
    6. Tim Murphy & Jeff Parkey, 2016. "An economic analysis of the philosophical common good," International Journal of Social Economics, Emerald Group Publishing Limited, vol. 43(8), pages 823-840, August.
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