ADR IN THE AGE OF CONTEMPORANEITY - Chaos, Complexity and Pedagogy

Nadia Bevilaqua Martins

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Autor(es): Nadia Bevilaqua Martins
ISBN: 978853621602-7
Acabamento: Capa Dura + Sobrecapa
Número de Páginas: 400
Publicado em: 31/05/2007
Área(s): Direito - Filosofia do Direito; Direito Internacional; Direito - Teoria Geral do Direito; Juruá Internacional

The 20th century was a century of great discoveries of the macro dimension. The 21st century is the century of discoveries of the micro dimension and the integration between the two via a new advanced field of research named “New Sciences and Science of Complexity”.
Complexity comprises Law and all the social, economic, natural and technological sciences. Notwithstanding, Law disregards completely this fact imprisoned by old formulas of disciplinarity, specialism and legalism. Consequently, Law is in deep crisis all over the Planet.
Every culture is what it is because of its way of thinking, which configures the field force of mentality. Thought is the drive that moves all human dynamisms forwards or backwards. Crisis means lack of scientificity, of logical maturity and of an educational project that shows man his own complexity and dignity. Where there is no clarity of scientific truth the obscurity of myth, magic and ideology takes over. Only knowledge frees the spirit and organises human spaces morally.
In this century Law is invited to undertake a complete revision of its mode of thought. The Alternative Dispute Resolution (ADR) Movement configures a new functional approach of an evolving pedagogic rationality that attunes Law to the demands and challenges of the 21st century. ADR is instrumental in integrating Law into the complex thinking.
This book launches the “foundation status” of a new critical theory of Law. It shows the direction and the journey that Law must cogently take to reconquer its essentiality discoloured through the kaleidoscope of time. It transgresses postmodern reason and reaches the so-called contemporaneous continuous rationality.
It is indispensable reading to increase intelligence of cutting edge issues, which will shape our future as human beings individually and globally.


Nadia Bevilaqua Martins was born in Clevelandia, Parana, south of Brazil. She earned her B.L. at the Federal University of Parana and a post graduation on Tertiary Level Education at Tuiuti University. She also received a M.C.L. and a Ph.D. in Law, both from the University of Queensland, Australia. She lives in Brisbane, Australia, and investigates the Science of Complexity applied to Social Sciences and a new methodology to unify Science, Philosophy and Religion via constructivism, transdisciplinarity and exlectics. She is a lecturer and a writer.



CHAPTER 1 What Is the Truth?

The Complexity of the Truth

Matter, Life, Mind and Fractal Geometry - New Concepts

· The Concept of Matter

· The Concept of Life

· The Concept of Mind

· Fractal Geometry

Understanding Complexity

Cogency - The Relevance of the Millennium

The Truth is a Transdisciplinary Construction

CHAPTER 2 The Process of Unification of Science, Philosophy and Religion

The Obsolescence of Religion as Metaphysics

Endo-mentality as a Metapoint

Deviation-Amplifying Mutual Causal Processes

CHAPTER 3 Exlectics - Critical Rationality for Searching into ‘The Truth’

Exlectical Philosophy

From Homo Economicus to Homo Artiflex and Homo Concors

Greek Paideia and Politeia

· Nobility and Arete

· Arete in the Third Millennium

· Identity, Self-knowledge and Critical Knowledge

· Ethics and Aesthetics

· Identity and the Moral Circle

· The Interactive Process Between Moral-Legal Order and Personality

· Conation and Personality

CHAPTER 4 Exlectical Cosmovision - New Theories

The Theory of First-Hand

· Preliminary Considerations

· Agents of First-Hand - Geneses of Transformation

The Theory of Culture

· The Process of Quality Making

· Exlectical Epistemology

The Theory of Human Action

· Paradigms of Evolution

The Theory of Language

The Logic of the Included Middle

CHAPTER 5 Exlectics Methodology

Constructivism and Transdisciplinarity



CHAPTER 6 ADR Space and Place

Revisiting the Concepts of Justice and Law

· Preliminary Considerations



ADR - A Pedagogical Policy of Law

The Principle of Indissolubility and Intercontamination of Systems in Spacetime and the Biodegradation of Theories

The Value of the Human Inferential Capacity

Solon - The Classical Spirit of Law and Justice

The Complex Sphere of ADR Agency

The Pedagogy of Consciousness

What is Concrete in Man?

CHAPTER 7 A New Rationality

Form and Magnitude - The Cro-Magnon Quest

Constructing Competence and History

Fuzzy Logic

Chaos and Evolution - The Complexification of Complexity

Paradoxical Coexistence - Oxymoron

CHAPTER 8 ADR Existent Reality

There is no Critical Rationality Without the Root of History

Diagnostic Assessments

A Diagnosis of the Diagnoses

(1) Endo-Process - Critical Evaluation of the Field via Resignification

Fruitful Ideas - The Possible Horizon of the Field

· Mindfulness

· Towards Scientificity

· The Power of the Entropic Work

· Brazilian Experiences - Hodology, Concentration x Decentralisation of Power

· French Experience - Les Médiateurs de la Paix

· Deconstructionism - Postmodernist Philosophy

· Australian Construction - SCRAM

Neutrality Does Not Exist

Identity, Definition and Holism

(2) The Education of the Education

Transforming Method and Curriculum

Exlectical Patterns for Education

CHAPTER 9 The Water Court of Valencia

· The Water Court Organisation

· Characteristics of the Water Court

· Ethnographic Organicity and Historical Punctuality

· Concentration of Proceedings

· Rapidity

· Orality

· Publicity

· Economy

· Auctoritas

· Assessment


· Jean-Paul Sartre - The Mysterious Face of a Friend and a Brother




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