Law as Transformative Conflict Work – A Transrational Approach

Florencia Benítez-Schaefer

Abstract


This paper addresses the question of how law and legal work can be envisaged from a perspective of transrational peaces and within an approach of elicitive conflict transformation. The narrative of law is connected here to the perspectives of energetic, moral, modern and postmodern peaces as elaborated by Wolfgang Dietrich, and addresses particularly the shortcomings of a fragmented approach to law when it comes to respond to complex social conflicts. The author presents how a transrational approach can foster the necessary awareness and transformation of crucial aspects of human relations within the work in the field of law. To illustrate this, the text provides some examples from different fields of legal praxis, which show that multiple perspectives on law are currently interacting in order to address social conflict. Most importantly, these examples demonstrate that a transrational and transformational approach to law is not only possible, but rather that it is already taking place.


Keywords


transrational law; many peaces; law; elicitive conflict transformation

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DOI: http://dx.doi.org/10.7238/joc.v5i2.2007

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Journal of Conflictology is an e-journal promoted by the Campus for Peace and CREC IN3 of the UOC

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