IDEAS home Printed from https://ideas.repec.org/a/bpj/lawdev/v10y2017i2p305-339n4.html
   My bibliography  Save this article

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

Author

Listed:
  • 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
    as

    Download full text from publisher

    File URL: https://doi.org/10.1515/ldr-2017-0016
    Download Restriction: For access to full text, subscription to the journal or payment for the individual article is required.
    File URL: https://libkey.io/10.1515/ldr-2017-0016?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    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. Deloitte, 2016. "Economic Analysis of VAT Aspects of e-Commerce," Taxation Studies 0067, Directorate General Taxation and Customs Union, European Commission.
    4. 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.
    5. 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.
    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.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Kim Economides & Alfred A. Haug & Joe McIntyre, 2013. "Are Courts Slow? Exposing and Measuring the Invisible Determinants of Case Disposition Time," Working Papers 1317, University of Otago, Department of Economics, revised Nov 2013.
    2. Dimitrova-Grajzl, Valentina & Grajzl, Peter & Zajc, Katarina, 2014. "Understanding modes of civil case disposition: Evidence from Slovenian courts," Journal of Comparative Economics, Elsevier, vol. 42(4), pages 924-939.
    3. Brooke Abrahams & Emilia Bellucci & John Zeleznikow, 2012. "Incorporating Fairness into Development of an Integrated Multi-agent Online Dispute Resolution Environment," Group Decision and Negotiation, Springer, vol. 21(1), pages 3-28, January.
    4. Patrick Bisciari, 2019. "A survey of the long-term impact of Brexit on the UK and the EU27 economies," Working Paper Research 366, National Bank of Belgium.
    5. Olekseyuk, Zoryana & Osorio Rodarte, Israel, 2018. "Brexit and Everything But Arms (EBA) Countries: Losing Preferences," Conference papers 332960, Purdue University, Center for Global Trade Analysis, Global Trade Analysis Project.
    6. Jennifer K. Robbennolt & Jessica Bregant & Verity Winship, 2023. "Settlement schemas: How laypeople understand civil settlement," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 20(3), pages 488-533, September.
    7. Michael Heise, 2016. "Assessing Assessments of Israel's 2006 Class Action Law," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 172(1), pages 108-112, March.
    8. Giammetti, Raffaele, 2019. "Tariffs, Domestic Import Substitution and Trade Diversion in Input-Output Production Networks: how to deal with Brexit," MPRA Paper 93229, University Library of Munich, Germany.
    9. Halmai, Péter, 2024. "Mélyintegráció-paradigma [Deep-integration Paradigm]," Közgazdasági Szemle (Economic Review - monthly of the Hungarian Academy of Sciences), Közgazdasági Szemle Alapítvány (Economic Review Foundation), vol. 0(5), pages 514-558.
    10. Hoinaru Răzvan & Năstase Mihnea, 2019. "A balanced approach: Brexit from political and business perspectives," Proceedings of the International Conference on Business Excellence, Sciendo, vol. 13(1), pages 804-816, May.
    11. Wang, Xia & Ding, Ying, 2022. "The impact of monetary rewards on product sales in referral programs: The role of product image aesthetics," Journal of Business Research, Elsevier, vol. 145(C), pages 828-842.
    12. Bielen, Samantha & Grajzl, Peter & Marneffe, Wim, 2017. "Procedural events, judge characteristics, and the timing of settlement," International Review of Law and Economics, Elsevier, vol. 52(C), pages 97-110.
    13. Marilene Lorizio & Antonia Rosa Gurrieri, 2017. "Resilient Smes, Institutions And Justice. Evidence In Italy," Review of Economic and Business Studies, Alexandru Ioan Cuza University, Faculty of Economics and Business Administration, issue 20, pages 131-155, December.
    14. Peter Grajzl & Valentina Dimitrova-Grajzl & Katarina Zajc, 2016. "Inside post-socialist courts: the determinants of adjudicatory outcomes in Slovenian commercial disputes," European Journal of Law and Economics, Springer, vol. 41(1), pages 85-115, February.
    15. Samantha Bielen & Wim Marneffe & Peter Grajzl & Valentina Dimitrova-Grajzl, 2018. "The Duration of Judicial Deliberation: Evidence from Belgium," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 174(2), pages 303-333, June.
    16. Edwige Fain, 2017. "Standard of proof and volume of litigation: A comparative perspective," Economics Bulletin, AccessEcon, vol. 37(4), pages 2434-2445.
    17. Gillian K. Hadfield, 2004. "Where Have All the Trials Gone? Settlements, Nontrial Adjudications, and Statistical Artifacts in the Changing Disposition of Federal Civil Cases," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 1(3), pages 705-734, November.
    18. Portuese, Aurelien, 2018. "Towards a Meta Cost-benefit Analysis: The Case of Brexit," Estey Centre Journal of International Law and Trade Policy, Estey Centre for Law and Economics in International Trade, vol. 19(1), June.
    19. Arwiphawee Srithongrung & Patricia Byrnes, 2019. "The Causal Linkages Among Arts, Knowledge Employment, and Local Economic Performance," Economic Development Quarterly, , vol. 33(4), pages 296-315, November.
    20. Yaghoob Jafari & Wolfgang Britz, 2020. "Brexit: an economy-wide impact assessment on trade, immigration, and foreign direct investment," Empirica, Springer;Austrian Institute for Economic Research;Austrian Economic Association, vol. 47(1), pages 17-52, February.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bpj:lawdev:v:10:y:2017:i:2:p:305-339:n:4. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Peter Golla (email available below). General contact details of provider: https://www.degruyter.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.