Dispute Resolution in a Historical and Contemporary Perspective

The topic of the course is the history of dispute resolution from a comparative perspective and contemporary socio-legal reflections on dispute resolution against this historical background.

Questions that will be dealt with in the course are: how have Western societies come to deal with the resolution of disputes? What is the relation between the different models of dispute resolution and the emergence of the legal sources? What is the socio-empirical context of contemporary dispute resolution?

The approaches will be historical, societal and reflective.

Furthermore, students will learn to compare these models and reflect on them, to be able to understand their pros and cons, and use these assessments in contemporary debates about dispute resolution, especially concerning legal pluralism and alternative forms of dispute resolution.

The study of contemporary dispute resolution in its socio-legal context will specically address: 1) legal pluralism, where local groups challenge the application of the historically developed form of dispute resolution; 2) the processes of dispute mangement, with particular attention to the pre- and posttrial phases; 3) the role of different mechanisms for dispute resolution in contemporary societies, in particular: courts v. alternative dispute resolution.

Whereas in the lectures the models will be set out, in the seminars the student will learn to describe, analyse and evaluate these models in various manners: in the form of presentations, in the discussions within the seminar and in the paper.

Place of the course within the curriculum:

• Optional legal course

After the course:

Students have developed an understanding of the relation between the different models of dispute resolution and the type of legal sources that go with these models.

Students are able to compare and evaluate the approaches in the legal traditions, with regard to the different models of disputes resolution, the treatment of sources in these traditions, and the wider social context.

Students are able connect the examined models of dispute resolution with the following three scholarly and societal perspectives.

Students can read historical and reflective texts as well as legal sources from the different traditions.

Students can reflect on the advantages and disadvantages of these different models of dispute resolution.

Je moet voldoen aan de volgende eisen

• Alle onderstaande cursussen zijn behaald
• Grondslagen van recht (RGBUSBR001)
• Inleiding staats- en bestuursrecht (RGBUSBR002)
• Inleiding Strafrecht (RGBUSTR001)
• Inleiding verbintenissenrecht (RGBUPRV001)
• Inleiding goederenrecht (RGBUPRV002)

• Literature De literatuur wordt zoveel mogelijk via (of op) Brightspace bekend gemaakt.