Author/Authors :
ŞAHİN CEYLAN, Şule Marmara Üniversitesi - Hukuk Fakültesi - Hukuk Felsefesi ve Sosyolojisi Anabilim Dalı, Turkey
Title Of Article :
Looking at Dispute Resolution with the Eye of Llewellyn: Law Jobs Theory
Abstract :
Alternative dispute resolution (ADR) is a general concept which addresses to the dispute resolution mechanisms apart from the modern state’s judiciary function or traditional methods like violence or avoidance. ADR was constituted by state as a group of facilitative devices for to relieve the overwhelming burden of judges and to decrease the number of cases in 1960s America. After a while it has spread to the other countries and so to Turkey. Since the alternative methods are practical remedies for the problems of judicial system, they are deprived of a consistent theoretical foundation. According to this paper, “the law jobs theory” asserted by Karl Nickerson Llewellyn can offer a sufficient solution for overcoming this problem. The main features of law jobs theory, especially disposition of trouble cases as a substantial law job, will be examined in following pages.
NaturalLanguageKeyword :
Mediation , Alternative dispute resolution , Social function , Functionalism , Dispute , Law jobs.
JournalTitle :
Hukuk Araştırmaları Dergisi
