front cover of Gender and Justice in Family Law Disputes
Gender and Justice in Family Law Disputes
Women, Mediation, and Religious Arbitration
Edited by Samia Bano
Brandeis University Press, 2017
Recently, new methods of dispute resolution in matters of family law—such as arbitration, mediation, and conciliation—have created new forms of legal culture that affect minority communities throughout the world. There are now multiple ways of obtaining restitution through nontraditional alternative dispute resolution (ADR) mechanisms. For some, the emergence of ADRs can be understood as part of a broader liberal response to the challenges presented by the settlement of migrant communities in Western liberal democracies. Questions of rights are framed as “multicultural challenges” that give rise to important issues relating to power, authority, agency, and choice. Underpinning these debates are questions about the doctrine and practice of secularism, citizenship, belonging, and identity. Gender and Justice in Family Law Disputes offers insights into how women’s autonomy and personal decision-making capabilities are expressed via multiple formal and nonformal dispute-resolution mechanisms, and as part of their social and legal lived realities. It analyzes the specific ways in which both mediation and religious arbitration take shape in contemporary and comparative family law across jurisdictions. Demarcating lines between contemporary family mediation and new forms of religious arbitration, Bano illuminates the complexities of these processes across multiple national contexts.
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Germany's Second Chance
Trust, Justice, and Democratization
Anne Sa’adah
Harvard University Press, 1998

How does a country reconstitute itself as a functioning democracy after a period of dictatorship? The new community may execute, imprison, or temporarily disenfranchise some citizens, but it will be unable to exclude all who supported the fallen regime. Political reconciliation must lay the groundwork for political trust. Democracy offers the compromised--and many who were more than just compromised--a second chance.

In this new book, Anne Sa'adah explores twentieth-century Germany's second chances. Drawing on evidence from intellectual debates, trials, literary works, controversies about the actions of public figures, and partisan competition, Sa'adah analyzes German responses to the problem of reconciliation after 1945 and again after 1989. She depicts the frustrations, moral and political ambiguities, and disappointments inherent to even successful processes of democratization. She constantly underscores the difficult trade-off between achieving a modicum of justice and securing the legitimacy and stability of the new regime. A strategy of reconciliation emphasizing outward conformity to democratic norms and behavior, she argues, has a greater chance of sustaining a new and fragile democracy than do more direct attempts to punish past misdeeds and alter people's inner convictions.

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The Greek Concept of Justice
From Its Shadow in Homer to Its Substance in Plato
Eric Havelock
Harvard University Press, 1978

In this book, Eric Havelock presents a challenging account of the development of the idea of justice in early Greece, and particularly of the way justice changed as Greek oral tradition gradually gave way to the written word in a literate society.

He begins by examining the educational functions of poets in preliterate Greece, showing how they conserved and transmitted the traditions of society, a thesis adumbrated in his earlier book Preface to Plato. Homer, he demonstrates, has much to say about justice, but since that idea is nowhere in the epics directly stated or expressed, it must be deduced from the speech and actions of the characters. Havelock’s careful reading of the Iliad and the Odyssey is original and revealing; it sheds light both on Homeric notions of justice and on the Archaic Greek society depicted in the poems.

As Havelock continues his inquiry from Hesiod to Aeschylus, his findings become more complex. The oral Greek world shades into a literate one. Words lose some kinds of meanings, gain others, and steadily become more suited to the conceptualization that Plato strove for and achieved. This evolution of language itself, Havelock shows, was one of the principal accomplishments of the Greek world.

Lucidly written and forcefully argued, this book is a major contribution to our knowledge of ancient Greece—its politics, philosophy, and literature, from Homer to Plato.

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