LUISS

Justice

V. Romano – Justice outside the law

Abstract

There are numerous competing approaches to the meaning of justice.

Justice has been traditionally defined as the outcome generated by the uniform and predictable application of known rules (backward-looking justice).

In this prospective the trend toward ADR mechanisms is noteworthy because the purpose of mediation and conciliation is radically different: justice is derived, not through the mere application of law, but through autonomy and self-determination.

The aim of this essay is to raise the following question: in order to achieve dispute resolution should we place our trust in an explicit body of pre-determined law or should we instead move to extra-legal resolution methods, such as mediation and conciliation? In order to answer to this question, my inquiry will be focused on commonly accepted advantages and disadvantages of mediation and conciliation as an alternative to litigation.

V. Romano – Justice outside the law

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