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On Mediation: Historical, Legal, Anthropological and International Perspectives

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Series
Volume 22

Integration and Conflict Studies


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On Mediation

Historical, Legal, Anthropological and International Perspectives

Edited by Karl Härter, Carolin Hillemanns and Günther Schlee

306 pages,

ISBN  978-1-78920-869-6 $135.00/£99.00 Hb Not Yet Published (August 2020)

eISBN 978-1-78920-870-2 eBook Not Yet Published


Hb View cartYour country: United States - Click here to remove geolocation   Recommend to your Library Available in GOBI®

Reviews

“A very nice compilation of interesting articles on mediation and related practices of third-party conflict regulation from various perspectives, including legal, anthropological, sociological, historical, psychological and philosophical perspective.” • Daniel Girsberger, University of Lucerne

“This edited volume makes an important contribution to the literature on mediation by offering interdisciplinary perspectives, both in comparison and in dialogue with one another.” • Ronald Niezen, McGill University

Description

Exploring mediation and related practices of conflict regulation, this book takes an interdisciplinary approach that includes historical, legal, anthropological and international perspectives. Divided into three sections, the volume observes historical and current relations between mediation and the criminal justice system and provides anthropological perspectives and case studies to explore mediation and arbitration in international arenas. In this regard, the book provides an innovative perspective on mediation and new insights into conflict regulation.

Karl Härter is Professor, Research Group Leader and Senior Research Scientist at the Max-Planck-Institute for European Legal History in Frankfurt/Main and  a member of the International Max Planck Research School on Retaliation, Mediation and Punishment, Halle/Germany.

Carolin F. Hillemanns is scientific coordinator at the Max Planck Institute for Foreign and International Criminal Law, Halle, Germany. She has researched many fields including social responsibility, international criminal law and policy, transitional justice, international human rights law, globalization, and German constitutional law.

Günther Schlee is one of the Founding Directors of the Max Planck Institute for Social Anthropology in Halle, Germany. His main publications include Identities on the Move: Clanship and Pastoralism in Northern Kenya (Manchester University Press, 1989) and How Enemies Are Made: Towards a Theory of Ethnic and Religious Conflict (Berghahn Books, 2008).

Subject: Peace & Conflict Studies Applied Anthropology



Contents

Introduction: On Mediation: Historical, Legal, Anthropological and International Perspectives on Alternative Modes of Conflict Regulation
Karl Härter, Carolin Hillemanns and Günther Schlee

Part I: Mediation, Arbitration and the Criminal Justice System: Historical and Current Developments

Chapter 1. Infrajudicial Modes of Conflict Regulation through Negotiation, Mediation and Arbitration in Early Modern European Criminal Justice
Karl Härter

Chapter 2. Adjudication or Negotiation. Mediation as Non-modern Element in Conflict Resolution in the Nordic Countries
Pia Letto-Vanamo

Chapter 3. Mediation, Extrajudicial Conflict Regulation and the Privatization of the Criminal Justice System
Hubert Rottleuthner

Part II: Mediation: Anthropological Perspectives and Case Studies

Chapter 4. What is Mediation? Definitions and Anthropological Discomforts
Andrea Nicolas

Chapter 5. Mediation in Circumstances of the Existential: Dispute and Justice in Rwanda    
Stefanie Bognitz

Chapter 6. Mediation and Truth
Günther Schlee

Chapter 7. Crossing the Boundaries of Mediation
Keebet von Benda-Beckmann

Part III: Mediation and Arbitration in International Arenas

Chapter 8. Interstate Mediation and Arbitration: Concepts, Cases, and Actors of Third Party Dispute Resolution (17th to 19th Century)
Jakob Zollmann

Chapter 9. International Mediation and the Problem of Insincere Bargaining
Nathan Danneman and Kyle Beardsley

Chapter 10. The International Court of Justice and Mediation
Pierre D’Argent

Conclusion
Karl Härter, Carolin Hillemanns and Günther Schlee

Index

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