ADR and Transitional Justice as Reconstructing the Rule of Law

Authors

Michal Alberstein

Abstract

This paper addresses the role of ADR in reconstructing the rule of law following the critique this idea received during the 20th century, and exemplifies this role through reference to another alternative movement in law-The Transitional Justice movement. In contrast to efforts to reconcile the notion of the rule of law with ADR, or to demarcate the proper interaction between these social institutions in achieving justice, this paper argues for a deeper connection between the two notions: After briefly analyzing the intricate meanings of the rule of law notion through history and its relation to ADR, the paper continues to suggest that the critique of this notion has inspired the development of both domestic ADR and international Transitional Justice, and that the resemblance between these movements can be explained by this inspiration

Recommended Citation

Michal Alberstein, ADR and Transitional Justice as Reconstructing the Rule of Law, 2011 J. Disp. Resol. (2011)
Available at: https://scholarship.law.missouri.edu/jdr/vol2011/iss1/7