B.legaL TECH July7 Disputes

7/29/2019 B.legaL TECH July7 Disputes

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Legal Technique and Logic

By: Nonie DumindinStevenson Galas


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Disputes have their origins in

disagreements between individuals.

The disagreement only becomes a disputewhen one or other party cannot live with theconsequences of the disagreement, and

insists on having it resolved.

What is a Dispute?


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Disputes mostly arise either from a genuine

difference of opinion or from disingenuous self-interest.


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Dispute Resolution generally refers to one of

several different processes used to resolvedisputes between parties, includingnegotiation, mediation, arbitration,collaborative law, and litigation. Dispute

resolution is the process of resolving a disputeor a conflict by meeting at least some of eachsides needs and addressing their interests.Dispute resolution, or conflict resolution to use

another common term, is a relatively new field,emerging after World War II. Scholars from theProgram on Negotiation were leaders inestablishing the field.

Dispute Resolution


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Adjudicative processes, such as litigation or arbitration, in which ajudge, jury or arbitrator determines the outcome.

Consensual processes, such as collaborative law, mediation,conciliation, or negotiation, in which the parties attempt to reachagreement.

Not all disputes, even those in which skilled intervention occurs, endin resolution. Such intractable disputes form a special area in disputeresolution studies.[]
http://en.wikipedia.org/wiki/Adjudicationhttp://en.wikipedia.org/wiki/Intractable_conflicthttp://en.wikipedia.org/wiki/Intractable_conflicthttp://en.wikipedia.org/wiki/Adjudication


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Judicial dispute resolution The legal system provides a necessary structure for the

resolution of many disputes. However, some disputantswill not reach agreement through a collaborativeprocesses. Some disputes need the coercive power of thestate to enforce a resolution. Perhaps more importantly,many people want a professional advocate when they

become involved in a dispute, particularly if the disputeinvolves perceived legal rights, legal wrongdoing, orthreat of legal action against them.

The most common form of judicial dispute resolution islitigation. programs annexed to the courts, to facilitatesettlement of lawsuits.
http://en.wikipedia.org/wiki/Legal_systemhttp://en.wikipedia.org/wiki/Legal_system


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Some use the term dispute resolutionto referonly to alternative dispute resolution (ADR),that is, extrajudicial processes such asarbitration, collaborative law, and mediation

used to resolve conflict and potential conflictbetween and among individuals, businessentities, governmental agencies, and (in thepublic international law context) states.

Extrajudicial dispute resolution
http://en.wikipedia.org/wiki/Alternative_dispute_resolutionhttp://en.wikipedia.org/wiki/Businesshttp://en.wikipedia.org/wiki/Public_international_lawhttp://en.wikipedia.org/wiki/Sovereign_statehttp://en.wikipedia.org/wiki/Sovereign_statehttp://en.wikipedia.org/wiki/Public_international_lawhttp://en.wikipedia.org/wiki/Businesshttp://en.wikipedia.org/wiki/Alternative_dispute_resolution


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Dispute resolution can also take place on-lineor by using technology in certain cases.Online dispute resolution, a growing field ofdispute resolution, uses new technologies to

solve disputes. Online Dispute Resolution isalso called "ODR". Online Dispute Resolutionor ODR also involves the application oftraditional dispute resolution methods todisputes which arise online.[citation needed]

Online Dispute Resolution
http://en.wikipedia.org/wiki/Online_dispute_resolutionhttp://en.wikipedia.org/wiki/Wikipedia:Citation_neededhttp://en.wikipedia.org/wiki/Wikipedia:Citation_neededhttp://en.wikipedia.org/wiki/Online_dispute_resolution


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Genuine disputes involve disagreement about whether or not

some specific proposition is true. Since the people engaged ina genuine dispute agree on the meaning of the words by

means of which they convey their respective positions, eachof them can propose and assess logical arguments that mighteventually lead to a resolution of their differences.

Merely verbal disputes, on the other hand, arise entirely from

ambiguities in the language used to express the positions ofthe disputants. A verbal dispute disappears entirely once thepeople involved arrive at an agreement on the meaning oftheir terms, since doing so reveals their underlyingagreement in belief.

Genuine and Verbal Disputes
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Theoretical definitions are special cases of stipulative or precisingdefinition, distinguished by their attempt to establish the use ofthis term within the context of a broader intellectual framework.

Since the adoption of any theoretical definition commits us to theacceptance of the theory of which it is an integral part, we arerightly cautious in agreeing to it

Finally, what some logicians call a persuasive definition is anattempt to attach emotive meaning to the use of a term. Since this

can only serve to confuse the literal meaning of the term,persuasive definitions have no legitimate use.
http://www.philosophypages.com/dy/t.htmhttp://www.philosophypages.com/dy/p2.htmhttp://www.philosophypages.com/lg/e04.htmhttp://www.philosophypages.com/lg/e04.htmhttp://www.philosophypages.com/dy/p2.htmhttp://www.philosophypages.com/dy/t.htm


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The most common way of preventing oreliminating differences in the use oflanguages is by agreeing on thedefinition of our terms. Since these

explicit accounts of the meaning of aword or phrase can be offered in distinctcontexts and employed in the service ofdifferent goals, it's useful to distinguish

definitions of several kinds:

Kinds of Definitions
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At the other extreme, a stipulative definitionfreely assigns meaning to a completely newterm, creating a usage that had neverpreviously existed.

Stipulative Definition
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A lexical definition simply reports the way inwhich a term is already used within alanguage community.

Lexical Definition
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The extension of a general term is just the

collection of individual things to which it iscorrectly applied. Thus, the extension of the word"chair" includes every chair that is (or ever has beenor ever will be) in the world. The intension of a

general term, on the other hand, is the set offeatures which are shared by everything to which itapplies. Thus, the intension of the word "chair" is(something like) "a piece of furniture designed to

be sat upon by one person at a time."

Extension and Intension
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A denotative definition tries to identify the extension of the term in question.Thus, we could provide a denotative definition of the phrase "this logic class"simply by listing all of our names.

A connotative definition tries to identify the intension of a term by providinga synonymous linguistic expression or an operational procedure fordetermining the applicability of the term.

Denotative and ConnotativeDefinitions
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Classical logicians developed an especially effectivemethod of constructing connotative definitions forgeneral terms, by stating their genusand differentia.

Five rules by means of which to evaluate the successof connotative definitions by genus and differentia: Focus on essential features. Although the things to

which a term applies may share many distinctiveproperties, not all of them equally indicate its truenature.

Definition by Genus andDifferentia
http://www.philosophypages.com/dy/g.htmhttp://www.philosophypages.com/dy/g.htmhttp://www.philosophypages.com/dy/g.htmhttp://www.philosophypages.com/dy/g.htmhttp://www.philosophypages.com/dy/g.htmhttp://www.philosophypages.com/dy/g.htmhttp://www.philosophypages.com/dy/g.htm


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Avoid circularity. Since a circular definition uses the term beingdefined as part of its own definition, it can't provide any usefulinformation; either the audience already understands the meaning ofthe term, or it cannot understand the explanation that includes that

term. Thus, for example, there isn't much point in defining "cordless'phone" as "a telephone that has no cord."

Capture the correct extension. A good definition will apply to exactlythe same things as the term being defined, no more and no less.There are several ways to go wrong. Consider alternative definitions

of "bird": "warm-blooded animal" is too broad, since that would include

horses, dogs, and aardvarks along with birds.

"feathered egg-laying animal" is too narrow, since it excludesthose birds who happen to be male. and

"small flying animal" is both too broad and too narrow, since itincludes bats (which aren't birds) and excludes ostriches (whichare).

Successful intensional definitions must be satisfied by all and onlythose things that are included in the extension of the term they

define.
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(continued) Avoid figurative or obscure language. Since the point of

a definition is to explain the meaning of a term to

someone who is unfamiliar with its proper application,the use of language that doesn't help such a personlearn how to apply the term is pointless. Thus,"happiness is a warm puppy" may be a lovely thought,but it is a lousy definition.

Be affirmative rather than negative. It is always possiblein principle to explain the application of a term byidentifying literally everything to which it does notapply. In a few instances, this may be the only way togo: a proper definition of the mathematical term

"infinite" might well be negative, for example. But inordinary circumstances, a good definition uses positivedesignations whenever it is possible to do so. Defining"honest person" as "someone who rarely lies" is a poordefinition.


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