Dispute Resolution Quotes

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Moreover, in the system of criminal punishment in the libertarian world, the emphasis would never be, as it is now, on "society's" jailing the criminal; the emphasis would necessarily be on compelling the criminal to make restitution to the victim of his crime. The present system, in which the victim is not recompensed but instead has to pay taxes to support the incarceration of his own attacker — would be evident nonsense in a world that focuses on the defense of property rights and therefore on the victim of crime.
Murray N. Rothbard
Peace can only be achieved by a contrite spirit, open communication and tolerance.
Shannon L. Alder
See the system. When you find yourself stuck in an oversimplified polarized conflict, a useful first step is to try to become more aware of the system as a whole: to provide more context to your understanding of the terrain in which the stakeholders are embedded, whether they are disputants, mediators, negotiators, lawyers, or other third parties. This can help you to see the forest and the trees; it is a critical step toward regaining some sense of accuracy, agency, possibility, and control in the situation.
Peter T. Coleman (The Five Percent: Finding Solutions to Seemingly Impossible Conflicts)
Unfortunately, the law has nothing to do with justice, Mr. Sanders,” she said. “It’s merely a method for dispute resolution.
Michael Crichton (Disclosure)
One of the first things you learned in law school was that the law was not about truth. It was about dispute resolution. In the course of resolving a dispute, the truth might or might not emerge.
Michael Crichton (State of Fear)
Dispute resolution is too important to be entrusted to governments. When we accept arbitrary authority from a violent monopoly protection racket, the authority is soon used to make us submit. Then that authority is for sale to the highest bidder and courts are used to get us to go along with all kinds of disastrous policies.
Adam Kokesh (Freedom!)
A good reputation is sign of success".
Stephen Rayment
The combative, rhetorical form is also absent from Asian law. In Asia the law does not consist, as it does in the West for the most part, of a contest between opponents. More typically, the disputants take their case to a middleman whose goal is not fairness but animosity reduction—by seeking a Middle Way through the claims of the opponents. There is no attempt to derive a resolution to a legal conflict from a universal principle. On the contrary, Asians are likely to consider justice in the abstract, by-the-book Western sense to be rigid and unfeeling.
Richard E. Nisbett (The Geography of Thought: How Asians and Westerners Think Differently...and Why)
The cohesiveness and spirit of the community of believers attracted an increasing number of helpers, who would soon outnumber the emigrants. Their requests for guidance rose commensurately, and the revelations began to direct Muhammad on everything from times of prayer to tithing to resolution of marital disputes.
Lesley Hazleton (The First Muslim: The Story of Muhammad)
In one respect, though, the Court received unfair criticism for Bush v. Gore—from those who said the justices in the majority "stole the election" for Bush. Rather, what the Court did was remove any uncertainty about the outcome. It is possible that if the Court had ruled fairly—or better yet, not taken the case at all—Gore would have won the election. A recount might have led to a Gore victory in Florida. It is also entirely possible that, had the Court acted properly and left the resolution of the election to the Florida courts, Bush would have won anyway. The recount of the 60,000 undervotes might have resulted in Bush's preserving his lead. The Florida legislature, which was controlled by Republicans, might have stepped in and awarded the state's electoral votes to Bush. And if the dispute had wound up in the House of Representatives, which has the constitutional duty to resolve controversies involving the Electoral College, Bush might have won there, too. The tragedy of the Court's performance in the election of 2000 was not that it led to Bush's victory but the inept and unsavory manner with which the justices exercised their power.
Jeffrey Toobin (The Nine: Inside the Secret World of the Supreme Court)
When Libya fought against the Italian occupation, all the Arabs supported the Libyan mujahideen. We Arabs never occupied any country. Well, we occupied Andalusia unjustly, and they drove us out, but since then, we Arabs have not occupied any country. It is our countries that are occupied. Palestine is occupied, Iraq is occupied, and as for the UAE islands... It is not in the best interest of the Arabs for hostility to develop between them and Iran, Turkey, or any of these nations. By no means is it in our interest to turn Iran against us. If there really is a problem, we should decide here to refer this issue to the international court of Justice. This is the proper venue for the resolution of such problems. We should decide to refer the issue of the disputed UAE islands to the International Court of Justice, and we should accept whatever it rules. One time you say this is occupied Arab land, and then you say... This is not clear, and it causes confusion. 80% of the people of the Gulf are Iranians. The ruling families are Arab, but the rest are Iranian. The entire people is Iranian. This is a mess. Iran cannot be avoided. Iran is a Muslim neighbour, and it is not in our interes to become enemies. What is the reason for the invasion and destruction of Iraq, and for killing of one million Iraqis? Let our American friends answer this question: Why Iraq? What is the reason? Is Bin Laden an Iraqi? No he is not. Were those who attacked New York Iraqis? No, they were not. were those who attacked the Pentagon Iraqis? No, they were not. Were there WMDs in Iraq? No, there were not. Even if iraq did have WMDs - Pakistan and India have nuclear bombs, and so do China, Russia, Britain, France and America. Should all these countries be destroyed? Fine, let's destroy all the countries that have WMDs. Along comes a foreign power, occupies an Arab country, and hangs its president, and we all sit on the sidelines, laughing. Why didn't they investigate the hanging of Saddam Hussein? How can a POW be hanged - a president of an Arab country and a member of the Arab League no less! I'm not talking about the policies of Saddam Hussein, or the disagreements we had with him. We all had poitlical disagreements with him and we have such disagreements among ourselves here. We share nothing, beyond this hall. Why won't there be an investigation into the killing of Saddam Hussein? An entire Arab leadership was executed by hanging, yet we sit on the sidelines. Why? Any one of you might be next. Yes. America fought alongside Saddam Hussein against Khomeini. He was their friend. Cheney was a friend of Saddam Hussein. Rumsfeld, the US Defense Secretary at the time Iraq was destroyed, was a close friend of Saddam Hussein. Ultimately, they sold him out and hanged him. You are friends of America - let's say that ''we'' are, not ''you'' - but one of these days, America may hang us. Brother 'Amr Musa has an idea which he is enthusiastic. He mentioned it in his report. He says that the Arabs have the right to use nuclear power for peaceful purposes, and that there should be an Arab nuclear program. The Arabs have this right. They even have the right to have the right to have a nuclear program for other... But Allah prevails... But who are those Arabs whom you say should have united nuclear program? We are the enemies of one another, I'm sad to say. We all hate one another, we deceive one another, we gloat at the misfortune of one another, and we conspire against one another. Our intelligence agencies conspire against one another, instead of defending us against the enemy. We are the enemies of one another, and an Arab's enemy is another Arab's friend.
Muammar Gaddafi
And then I remembered that my denomination, in whose deliberations I then sat, was formed in a dispute with other American Christians over the slavery of other human beings because of the color of their skin. And my people had been on the slaveholders’ side. Previous generations of preachers just like me (indeed probably some related to me) had argued that some children were unworthy of freedom because of the shade of their skin. My own ancestors had seen to it that children of a darker skin than themselves were made orphans. As the resolutions flew around the convention hall about “the sanctity of marriage,” I realized that previous generations of preachers in this very same context had propped up a system in which parents couldn’t marry legally because that would make it more difficult to sell them individually when necessary.
Russell D. Moore (Adoption: What Joseph of Nazareth Can Teach Us about This Countercultural Choice)
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When he was gone the men on the bench began to laugh. One of them rose to better see the map. Es un fantasma, he said. Fantasma? Sí, sí. Claro. Cómo? Cómo? Porque el viejo está loco es como. Loco? Billy stood looking at the map. No es correcto? he said. The man threw up his hands. He said that what they beheld was but a decoration. He said that anyway it was not so much a question of a correct map but of any map at all. He said that in that country were fires and earthquakes and floods and that one needed to know the country itself and not simply the landmarks therein. Besides, he said, when had that old man last journeyed to those mountains? Or journeyed anywhere at all? His map was after all not really so much a map as a picture of a voyage. And what voyage was that? And when? Un dibujo de un viaje, he said. Un viaje pasado, un viaje antigun. He threw up one hand in dismissal. As if no more could be said. Billy looked at the other three men on the bench. They watched with a certain brightness of eye so that he wondered if he were being made a fool of. But the one seated at the right leaned forward and tapped the ash from his cigarette and addressed the man standing and said that as far as that went there were certainly other dangers to a journey than losing one's way. He said that plans were one thing and journeys another. He said it was a mistake to discount the good will inherent in the old man's desire to guide them for it too must be taken into account and would in itself lend strength and resolution to them in their journey. The man who was standing weighed these words and then erased them in the air before him with a slow fanning motion of his forefinger. He said that the jovenes could hardly be expected to apportion credence in the matter of the map. He said that in any case a bad map was worse than no map at all for it engendered in the traveler a false confidence and might easily cause him to set aside those instincts which would otherwise guide him if he would but place himself in their care. He said that to follow a false map was to invite disaster. He gestured at the sketching in the dirt. As if to invite them to behold its futility. The second man on the bench nodded his agreement in this and said that the map in question was a folly and that the dogs in the street would piss upon it. But man on the right only smiled and said that for that matter the dogs would piss upon their graves as well and how was this an argument? The man standing said that what argued for one case argued for all and that in any event our graves make no claims outside of their own simple coordinates and no advice as to how to arrive there but only the assurance that arrive we shall. It may even be that those who lie in desecrated graves-by dogs of whatever manner-could have words of a more cautionary nature and better suited to the realities of the world. At this the man at the left who'd so far not spoke at all rose laughing and gestured for the two boys to follow and they went with him out of the square and into the street leaving the disputants to their rustic parkbench tertulia.
Cormac McCarthy (The Crossing (The Border Trilogy, #2))
In every government there are three sorts of power: the legislative; the executive in respect to things dependent on the law of nations; and the executive in regard to matters that depend on the civil law. By virtue of the first, the prince or magistrate enacts temporary or perpetual laws, and amends or abrogates those that have been already enacted. By the second, he makes peace or war, sends or receives embassies, establishes the public security, and provides against invasions. By the third, he punishes criminals, or determines the disputes that arise between individuals. The latter we shall call the judiciary power, and the other, simply, the executive power of the state. When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner. Again, there is no liberty if the judiciary power be not separated from the legislative and executive. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control; for the judge would be then the legislator. Were it joined to the executive power, the judge might behave with violence and oppression. There would be an end of every thing, were the same man, or the same body, whether of the nobles or of the people, to exercise those three powers, that of enacting laws, that of executing the public resolutions, and of trying the causes of individuals. The executive power ought to be in the hands of a monarch, because this branch of government, having need of dispatch, is better administered by one than by many: on the other hand, whatever depends on the legislative power, is oftentimes better regulated by many than by a single person. But, if there were no monarch, and the executive power should be committed to a certain number of persons, selected from the legislative body, there would be an end of liberty, by reason the two powers would be united; as the same persons would sometimes possess, and would be always able to possess, a share in both.
Montesquieu (The Spirit of the Laws)
Here was Nietzsche's will to power at work, the pure physical instinct brought on by the desire to survive, to win, to prove myself better, to test myself and not be found wanting.
Peter Gregoire (Why I Run: Featuring award winning short story Dispute Resolution)
My hope is that our leaders will capitalize on our country's most admirable qualities. When people in other nations face a challenge or a problem, it would be good for them to look to Washington for assistance or as a sterling example. Our government should be known to be opposed to war, dedicated to the resolution of disputes by peaceful means and whenever possible, eager to accomplish this goal. We should be seen as the unswerving champion of human rights both among our own citizens and within the global community. America should be the focal point around which other nations can rally against threats to the quality of our common environment. We should be willing to lead by example in sharing our great wealth with those in need. Our own society should provide equal opportunity for all citizens and assure that they are provided the basic necessities of life. It would be no sacrifice in exemplifying these traits. Instead, our nation's well being would be enhanced by restoring the trust, admiration and friendship that our nation formerly enjoyed among other peoples. At the same time, all Americans could be united in a common commitment to revive and nourish the political and moral values that we have espoused and sought during the past 240 years.
Jimmy Carter (A Full Life: Reflections at Ninety)
I analysed the causes of delay in delivering justice, which are: 1) an inadequate number of courts; 2) an inadequate number of judicial officers; 3) the judicial officers are not fully equipped to tackle cases involving specialized knowledge; 4) the dilatory tactics followed by the litigants and their lawyers who seek frequent adjournments and delays in filing documents; and 5) the role of the administrative staff of the court. Based on my analysis, I suggested encouraging dispute resolution through the human touch; reinforcing the Lok Adalats; creating a National Litigation Pendency Clearance Mission; ensuring alternative dispute redressal mechanisms such as arbitration; and providing fast-track courts. I also suggested several actions with particular reference to pendency in the high courts. These included the classification of cases on the basis of an age analysis, that is, identifying cases that are redundant because the subsequent generations are not interested in pursuing them. Primary among my recommendations was the e-judiciary initiative. As part of this, I recommended computerization of the active case files, taking into account the age analysis, which will surely reduce the number of cases that are still pending.
A.P.J. Abdul Kalam (The Righteous Life: The Very Best of A.P.J. Abdul Kalam)
Some clerics in the east found the dispute—and the nature of its resolution—bewildering. The problem, as they saw it, lay in the sloppy translation into Greek of the Syriac term describing the incarnation—
Peter Frankopan (The Silk Roads: A New History of the World)
Research in 2013 by the Ombudsman Services (UK) found that “40 million problems were not acted upon at all, as consumers choose to keep quiet.
Amy J. Schmitz (The New Handshake: Online Dispute Resolution and the Future of Consumer Protection)
Similarly, it is unlikely that a sufficient number of proactive consumers will regulate merchant practices by spreading information and taking action regarding purchase problems. One European study found that only 7 percent of consumer cases ended with a resolution that was made public. The researchers also found that 45 percent of launched complaints ended with no agreement or decision, suggesting that consumers who took initial action on their complaints gave up their pursuit along the way. While some complaints may truly lack merit, the study’s findings suggest that perhaps even initially proactive consumers are unlikely to continue a fight to the benefit of themselves, let alone all consumers.
Amy J. Schmitz (The New Handshake: Online Dispute Resolution and the Future of Consumer Protection)
It is astonishing to see how many philosophical disputes collapse into insignificance the moment you subject them to this simple test of tracing a concrete consequence. There can BE no difference any- where that doesn't MAKE a difference elsewhere—no difference in abstract truth that doesn't express itself in a difference in concrete fact and in conduct consequent upon that fact, imposed on somebody, somehow, somewhere and somewhen. The whole function of philosophy ought to be to find out what definite difference it will make to you and me, at definite instants of our life, if this world-formula or that world-formula be the true one. There is absolutely nothing new in the pragmatic method. Socrates was an adept at it. Aristotle used it methodically. Locke, Berkeley and Hume made momentous contributions to truth by its means. Shadworth Hodgson keeps insisting that realities are only what they are 'known-as.' But these forerunners of pragmatism used it in fragments: they were preluders only. Not until in our time has it generalized itself, become conscious of a universal mission, pretended to a conquering destiny. I believe in that destiny, and I hope I may end by inspiring you with my belief. Pragmatism represents a perfectly familiar attitude in philosophy, the empiricist attitude, but it represents it, as it seems to me, both in a more radical and in a less objectionable form than it has ever yet assumed. A pragmatist turns his back resolutely and once for all upon a lot of inveterate habits dear to professional philosophers. He turns away from abstraction and insufficiency, from verbal solutions, from bad a priori reasons, from fixed principles, closed systems, and pretended absolutes and origins. He turns towards concreteness and adequacy, towards facts, towards action, and towards power. That means the empiricist temper regnant, and the rationalist temper sincerely given up. It means the open air and possibilities of nature, as against dogma, artificiality and the pretence of finality in truth. At the same time it does not stand for any special results. It is a method only. But the general triumph of that method would mean an enormous change in what I called in my last lecture the 'temperament' of philosophy. Teachers of the ultra-rationalistic type would be frozen out, much as the courtier type is frozen out in republics, as the ultramontane type of priest is frozen out in protestant lands. Science and metaphysics would come much nearer together, would in fact work absolutely hand in hand.
William James
A smaller, deterrent force could have been kept in place long enough for the sanctions to have had a significant effect; an army of half a million couldn’t. The purpose of the quick military build-up was to ward off the danger that Iraq might be forced out of Kuwait by peaceful means. Why was a diplomatic resolution so unattractive? Within a few weeks after the invasion of Kuwait on August 2, the basic outlines for a possible political settlement were becoming clear. Security Council Resolution 660, calling for Iraq’s withdrawal from Kuwait, also called for simultaneous negotiations of border issues. By mid-August, the National Security Council considered an Iraqi proposal to withdraw from Kuwait in that context. There appear to have been two issues: first, Iraqi access to the Gulf, which would have entailed a lease or other control over two uninhabited mudflats assigned to Kuwait by Britain in its imperial settlement (which had left Iraq virtually landlocked); second, resolution of a dispute over an oil field that extended two miles into Kuwait over an unsettled border. The US flatly rejected the proposal, or any negotiations. On August 22, without revealing these facts about the Iraqi initiative (which it apparently knew), the New York Times reported that the Bush administration was determined to block the “diplomatic track” for fear that it might “defuse the crisis” in very much this manner. (The basic facts were published a week later by the Long Island daily Newsday, but the media largely kept their silence.)
Noam Chomsky (How the World Works)
Mr. Prime Minister, how long do we only condemn Indian immoral hegemony and violation of United Nations Security Council's resolutions. Stich your lips or defend Kashmiris, as Tit for Tat; do not wait for unfair states to resolve this dispute, Pakistan and its forces for what exists?indian
Ehsan Sehgal
Justice is the application of previously decided and accepted norms of conduct and the rules for their examination and dispute. It is as imperfect as any other institution. But a dispassionate, considerate, supportable, and moral resolution of differences is the goal toward which it aspires.
David Mamet (Recessional: The Death of Free Speech and the Cost of a Free Lunch)
Humans had an intrinsic psychological tendency to form groups, and those groups had a tendency to compete. It was a side effect of consensus reality. Each group had a slightly different consensus, and so a slightly different reality, and the terms of reality are the one thing humans will always fight and die over, escalating these differences into crime, violence, inequality, war and hate—the very things the System was intended to eradicate. Human nature could not be entirely cured of these compulsions, but they could be channeled. The designers of the System permitted it to stage conflicts using astroturf, so long as the conflict did not undermine its non-negotiable long-term outcomes. What they had in mind were the cyclical controversies that play out on Social as we know it today. The System identifies some especially meaningless dispute—over favorite foods, popular storystreams, fashionable clothes, or the celebrity imposters who constitute our faux political system. It then amplifies the dispute until it becomes very heated, leading people to separate into opposing camps. After a short time, the System swoops in with a coup de grâce—some tidy resolution that brings everyone back together in harmony. A few weeks later, it finds a new controversy to amplify. Rinse, repeat, forever. It’s quite brilliant, really, effectively neutering the human tendency toward intergroup conflict.
J.M. Berger (Optimal)
Two hours into the third session of our fourth cabinet meeting on the border dispute with the co-operative kingdom of Dahomey, my colleagues finally agree that we need to seek the dream-counsel of our electric mother.
Wole Talabi (A Dream of Electric Mothers)
Five years ago, on August 5, 2019, the status of our state Jammu and Kashmir was unconstitutionally abolished and it was divided into two union territories. Article 370 of the Constitution of India, under which the relationship of the state with India was linked under certain conditions until the final resolution of the issue, which was considered by the common people and legal and constitutional experts as the basis of India-Kashmir relationship, was abolished. INTERNAL SOVEREIGNTY HAS BEEN ROBBED!!! The President of the Republic issued an Ordinance which also abolished Article 35A which guaranteed the protection of our government jobs and our trade and gave non-state residents the right to get government jobs and buy land here. went!!! Summary Our identity Our identity has been completely destroyed!!! The Assembly was also dissolved under the People's Representation Act!!! New assembly elections were not held Bureaucracy has been ruling us for 5 years now!!!
Article-370,Kashmir dispute
The proposals of the Chancellor of the Exchequer with reference to changes in taxation are in like manner embodied in resolutions in Committee of Ways and Means, and subsequently, upon the report of the Committee, passed by the House in the shape of Bills, "Ways and Means Bills" generally pass the Lords without trouble. The absolute control of the Commons over the subjects of revenue and supply has been so long established that the upper House would not now dream of disputing it; and as the power of the Lords is simply a privilege to accept or reject a money bill as a whole, including no right to amend, the peers are wont to let such bills go through without much scrutiny.
Woodrow Wilson (Congressional Government: A Study in American Politics (Annotated) (Legal Legends Series))