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Some links (serious and otherwise) suggested by Geoffrey Hartwell for further and peripheral study |
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Philosophy and Ethics of Dispute Resolution
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I regret that I have not attended to this for a while!
We should live as though some aspect of our life and being were eternal. It is all the more important to do this if we are wholly finite, for thereby we attach to ourselves the dignity of eternity, if not the fact.--Robert Nozick |
ADR and Arbitration References:
Catherwood Library at Cornell University - an excellent list of international references
IBA Rules of Evidence for International Arbitration - the 1983 text
United Nations Commission on International Trade Law (UNCITRAL) - UNCITRAL Notes on organising Arbitral Proceedings
Sites concerned with current ADR debates - to be developed:
A proposed Uniform Mediation Act for the United States of America - I now have what I think is the official site, at Stanford.
Ron Kelly's discussion of the proposed USA Uniform Mediation Act
English
translation of
the decision of the Cour d'Appel in Dallah
v Pakistan
UK Supreme Court decision in Dallah v Pakistan - compare
the two!
UK Supreme Court decision in Jivraj v Hishwani how could such nonsense have got so far?
Chartered Institute of Arbitrators East Anglian Branch “Arbitration Reborn”
or “Arbitration – the new alternative to Adjudication” lecture 2012
Some books on the philosophy of law which may be interesting:
Promises, Morals and Law, P.S.Atiyah, Clarendon Press 1981 (paperback ISBN 0-19-825479-2)
Theories of Rights, Jeremy Waldron ed., Oxford Readings in Philosophy, Oxford University Press 1984 (paperback ISBN 0-19-875063-3)
The Concept of Law, H.L.A.Hart, Clarendon Law Series, Clarendon Press 1961 rep 1993 (paperback ISBN 0-19-876072-8)
Books less concerned with the legal system but looking at disputes:
Scientific Controversies, H. Tristram Englehardt Jr & Arthur L. Caplan ed., Cambridge University Press1987, rep 1989, (paperback ISBN 0-521-27560-1) - in particular, essays Ethical Theory and the Problem of Closure, Tom L. Beauchamp and Scientific Controversy and its Termination, Ernan McMullin (the sources of Geoffrey's concept of the continuous spectrum of dispute resolution techniques)
The Commercial way to Justice, G.M.Beresford Hartwell ed., Kluwer Law International 1997 (ISBN 90-411-0478-X)
Books concerned with the epistemology of evidence and decision making:
Evidence, Proof, and Facts - A Book of Sources, Peter Murphy, Oxford University Press 2003 (ISBN 0-19-926195-4)
General Reference:
The Oxford Companion to Philosophy, Ted Honderich ed.., Oxford University Press 1995 (ISBN 0-19-866132-0)
Internet links - I will build these as and when the opportunity arises:
The Perseus Project at Tufts University all you wanted to know about Ancient Greece (and Rome) but were afraid to ask.
Roger Jones's Philosophy Since the Enlightenment - a fairly comprehensive coverage of the whole field in very down-to-earth terms.
The story of Abelard and Heloise
A sonnetThe film "Stealing Heaven" also tells the story
A more lengthy article on Abelard's philosophy by Bill East (in several parts)
If you are up to the full history (and LlM students may not have the time) read also Peter Abelard: Historia Calamitatum