The Intersubjectivity and Recognition of the Individuals Through Mediation Under the Perspective of Axel Honneth.
This article seeks to demonstrate that the individual suffers from a recognition crisis when seeking the solution of conflicts in the Judiciary. This, however, can only restore the recognition of one of the procedural individuals, leaving the other in non-recognition process. In this way, it seeks t...
| Main Authors: | , |
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| Format: | Article |
| Language: | Portuguese |
| Published: |
Conselho Nacional de Pesquisa e Pós-graduação em Direito (CONPEDI)
2015-12-01
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| Series: | Revista de Formas Consensuais de Solução de Conflitos |
| Subjects: | |
| Online Access: | http://www.indexlaw.org/index.php/revistasolucoesconflitos/article/view/1010 |
| Summary: | This article seeks to demonstrate that the individual suffers from a recognition crisis when seeking the solution of conflicts in the Judiciary. This, however, can only restore the recognition of one of the procedural individuals, leaving the other in non-recognition process. In this way, it seeks to compare the principles and ideas of state jurisdiction with the principles and ideas of the mediation, demonstrating that mediation is a conflict resolution process that better accomplishes its ideas and principles with the theory of recognition. So, applying the recognition theory of Axel Honneth to the conventional model of jurisdiction, it notes that one member of the demand ends up dissatisfied with the ruling, while in mediation, it is wanted a balance of satisfactions. Due to this balance and convergence, it is believed that the process of claiming of the personality of no procedural members, when mediation is used, are dismantled. |
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| ISSN: | 2525-9679 2525-9679 |