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Dispute Resolution and the Politics of Cultural Generalization
Author(s) -
Kahane David
Publication year - 2003
Publication title -
negotiation journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.238
H-Index - 32
eISSN - 1571-9979
pISSN - 0748-4526
DOI - 10.1111/j.1571-9979.2003.tb00277.x
Subject(s) - neutrality , politics , generalization , dispute resolution , power (physics) , epistemology , sociology , philosophy of law , law and economics , political science , law , social psychology , psychology , philosophy , comparative law , physics , quantum mechanics
This essay argues that generalizations about cultural identities and values should play a key role in designing procedures to resolve disputes. Generalizations about cultures are risky given the complexity of memberships and group boundaries, not to mention the power dynamics within and between social groups. But it is important to take the risk: attempts to avoid or transcend culture in resolving disputes pose an even greater danger, of reiterating the understandings of dominant cultural groups under the guise of neutrality. The author explores the “politics of cultural generalization” in theoretical terms, then considers its implications for concrete elements of dispute resolution training and process design.