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Article

The Ringworm Case and the Lost Opportunities for the Construction of a Collective Healing Process

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2017
Keywords public health, apology, disclosure of medical errors, collective healing process, ringworm case
Authors Dr. Nili Karako Eyal
AbstractAuthor's information

    The issue of apology and disclosure of medical errors in the context of the physician- patient relationship has attracted increasing attention in recent years. On the other hand, it has received little attention in the context of public health activities, thus missing the collective healing potential of apologizing and providing information to the public.
    The purpose of this paper is to enrich the discussion regarding apologies and disclosure errors in the context of public health. To fulfil this purpose, the paper addresses the ringworm case, which is a well- known episode in the history of Israeli public health policy. More specifically, the paper focuses on a decision handed by the Israeli Supreme Court in the Eibi Case (2015), which recognized a duty to inform ringworm patients about the medical error involved in their treatment and its results. The paper seeks to examine whether this decision succeeded where other legal means failed, in the construction of a collective healing process. The paper concludes that although the Eibi Case provided the court an opportunity to contribute to the creation of a collective healing process of ringworms patients, the decision didn’t fully realize this potential.


Dr. Nili Karako Eyal
Dr. Nili Karako-Eyal is a Senior Lecturer at the School of Law, The College of Management Academic Studies, Rishon LeZion, Israel.
Article

Therapeutic Justice and Vaccination Compliance

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2017
Keywords public health, trust, vaccination, health law, health policy
Authors Shelly Kamin-Friedman
AbstractAuthor's information

    Recent decades have witnessed the appearance of multiple grounds for vaccine hesitancy. One of the options to deal with this phenomenon is legislative. Given that vaccination enforcement through law raises allegations of infringement of constitutional rights, interventions seeking to promote vaccination compliance should rather address the factors that influence vaccine hesitancy, which are – by and large – related to trust in health authorities. Trust in health authorities may be promoted by a procedure for compensating the comparatively few vaccination victims reflecting a willingness to acknowledge liability and commitment to social justice.
    A qualitative study of the Israeli Vaccination Victim Insurance Law was conducted by the author. The study involved document content analysis (legislative protocols, Court judgments) and semi-structured in-depth interviews with informants representing different legal, medical and ethical perspectives. The thematic analysis found that the Israeli Vaccination Victim Insurance Law and its implementation in Court do not attain their therapeutic potential with respect to the promotion of trust. Barriers to claim submissions and the denial of all claims submitted according to the law do not permit the acknowledgement of liability or the demonstration of the authorities’ commitment to social justice.
    Recognizing the therapeutic power of the Law may lead to adaptations or amendments promoting trust in the health authorities and subsequently fostering vaccine compliance.


Shelly Kamin-Friedman
Adv. Shelly Kamin-Friedman, LL.B, MHA is a specialist in Health Law and a Ph.D. candidate at Ben-Gurion University of the Negev, Be'er Sheva, Israel.
Article

Intersecting Professions

A Public Health Perspective on Law to Address Health Care Conflicts

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2017
Keywords public health, Alternative Dispute Resolution, public law, health promotion
Authors Michal Alberstein and Nadav Davidovitch PhD
AbstractAuthor's information

    This paper examines the intersection between the two professions – law and medicine – with reference to systematic transformations that have characterized their development in the past century. In particular, the paper examines the co-emergence of the new public health and health promotion scholarship along with the development of the Alternative Dispute Resolution (ADR) movement in the second half of the 20th century. The two movements, with their later developments, have aspired to change the focus of professionals in the field, and both have been tremendously successful on the one hand, and on the other have remained marginal to mainstream training and identity building of contemporary lawyers and doctors.


Michal Alberstein
Michal Alberstein is a Full Professor at The Faculty of Law, Bar-Ilan University, Israel. She is also the Primary Investigator on an ERC consolidator grant to study Judicial Conflict Resolution (JCR).

Nadav Davidovitch PhD
Nadav Davidovitch, MD, MPH, PhD is an epidemiologist and public health physician. He is a Full Professor and Director, School of Public Health, Faculty of Health Sciences and the Guilford-Glaser Faculty of Business and Management at Ben-Gurion University of the Negev in Israel.
Article

Pondering over “Participation” as an Ethics of Conflict Resolution Practice

Leaning towards the “Soft Side of Revolution”

Journal International Journal of Conflict Engagement and Resolution, Issue 2 2016
Keywords participation, structural violence, narrative compression, master-counter narratives
Authors Sara Cobb and Alison Castel
AbstractAuthor's information

    “Participation” has been defined as the engagement of local populations in the design and implementation of peace-building processes in post-conflict settings and it has been presumed to be critically important to sustainable conflict intervention. In this article, we explore this concept, so central to the field of conflict resolution, focusing on a set of problematic assumptions about power and social change that undergird it. As a remedy to these issues, we offer a narrative as a lens on the politics of participation. This lens thickens our description of our own participation as interveners, a reflexive move that is notably missing in most efforts to redress the dark side of “participation” – that it has often been used as a means to upend structural violence, only to contribute to its reproduction. Drawing on the work of Ginwright, specifically his work with black youth in Oakland, CA, we explore participation as a process involving the critical examination of master/counternarratives. By offering a narrative lens on participation, we hope to illuminate a framework for the ethics of conflict resolution practice that enables practitioners to ethically navigate the politics of “participation.”


Sara Cobb
Dr. Sara Cobb is the Drucie French Cumbie Chair at the School for Conflict Analysis and Resolution (S-CAR) at George Mason University. She is also the Director of the Center for the Study of Narrative and Conflict Resolution at S-CAR that provides a hub for scholarship on narrative approaches to conflict analysis and resolution. Dr. Cobb is widely published and a leader in narrative approaches to conflict resolution.

Alison Castel
Dr. Alison Castel is faculty at the University of Colorado, Boulder where she teaches the core curriculum in Peace and Conflict Studies for the International Affairs program and is the Associate Director of the CU in DC internship program. She holds a Ph.D from the School for Conflict Analysis and Resolution (S-CAR) at George Mason University, and is an affiliate of the Center for Narrative and Conflict Resolution at S-CAR.
Article

The Truth of Fiction: Literature as a Source of Insight into Social Conflict and Its Resolution

Journal International Journal of Conflict Engagement and Resolution, Issue 2 2016
Keywords literary approaches to conflict resolution, narrative theory, mass movements, social transformation, social injustice
Authors Angelica R. Martinez and Richard E. Rubenstein
AbstractAuthor's information

    The study of literature, although relatively new to the field of peace and conflict studies, has proven to be a valuable way to develop our understanding of violent social conflicts and the possible methods of resolving or transforming them. Literary texts present students of human conflict and conflict resolution with an appreciation of the power of “thick” descriptions of the human experience and the problems with “thin” modes of expression. Narrative and literary works reveal the indelible marks that violence and conflict inscribe on those left in their wake. Examining conflict through literature also grants students access to the ethical and moral dilemmas that people face as they navigate complex and oppressive social systems. A graduate-level course in “Conflict and Literature” taught for the past ten years at George Mason University provides evidence of these uses and suggests the possibility of further pedagogical developments.


Angelica R. Martinez
Angelica R. Martinez is a PhD candidate at George Mason University and the Branch Chief of Policy and Assessment for NATO’s Allied Land Command in Izmir, Turkey. She taught in the Department of Social Sciences at the U.S. Military Academy (West Point).

Richard E. Rubenstein
Richard E. Rubenstein is University Professor of Conflict Resolution and Public Affairs at George Mason University’s School for Conflict Analysis and Resolution. His most recent book is Resolving Structural Conflicts: How Violent Systems Can Be Transformed (2017).
Article

Scholarship as Activism in the Field of Native Studies

A Potential Model for Peace Studies

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2016
Keywords native, indigenous, activism, practice, peace
Authors Jesse James
AbstractAuthor's information

    Native studies is a field in the United States in which many scholars count themselves as activists both in scholarship and practice because their central focus is service to the American Indian community. This interdisciplinary field provides an interesting contrast to peace studies, a similarly interdisciplinary field that, while normatively committed to the study of peace, consists primarily of research that often does not similarly commit the researcher in service to conflict-engaged communities. This article utilizes first-person interviews and evaluates Native studies scholarship through the lens of activism as a potential model for practice-relevant scholarship in peace studies. The concept of scholarship itself as a peace practice is premised on the consideration of both teaching and publishing as forms of activism, here exemplified by Native studies scholars. When acts of scholarship themselves are considered activism and thus practice, the distinction between scholarship and practice is blurred, presenting a challenge to the binary categorizations that have allowed the academy to privilege the knowledge of scholars over that of practitioners. I argue that the experience of Native studies scholars may offer insight for the construction of a framework for peace studies that accounts for scholarship as activism, and in so doing, is better able to evaluate and include both scholarship and practice.


Jesse James
Jesse James is a PhD student in the joint programme in Political Science and Peace Studies at the University of Notre Dame. Her research interests include indigenous sovereignty and self-determination, and the role of international law in assertions of Native and indigenous rights.
Article

The Moral Imagination Embodied

Insights from Artists Navigating Hybrid Identities in Scholarship and Practice

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2016
Keywords community art, peace studies, arts-based peacebuilding, practice, theory
Authors Kathryn M. Lance
AbstractAuthor's information

    The field of conflict engagement is riddled with tensions and challenges, such as the ‘science-practice crisis’ or the ‘scholarship–practice divide’. Using interviews and an inductive, interdisciplinary approach and following the framework of The Moral Imagination, this article aims to deconstruct this core tension of ‘scholarship or practice’. It does this from the perspective of individuals often overlooked in our field: artists. This study included interviews with three specific artists who work along the practice–scholarship spectrum. Even though these artists engage in both scholarship and practice, they do not simply define themselves as ‘scholars’ or ‘practitioners’. Instead, they navigate their identities and work in-between these two terms. While practicing, researching and teaching they exemplify – and also move beyond – the ‘both/and’ approach. Using an inquiry-based, inductive approach to glean insight from these artists gives them voice and opens up a space for their views on the relationship between scholarship and practice. Paying special attention to how artists make sense of their location(s) along the aforementioned spectrum unearths fresh perspectives on the debate while furthering our understanding of the nexus between scholarship and practice


Kathryn M. Lance
Kathryn M. Lance is a PhD student in the joint programme in Psychology and Peace Studies at the University of Notre Dame. Her research focuses on youth resilience and means of addressing trauma in divided societies and conflict settings. She is specifically interested in the effects of arts-based peacebuilding and the relationship between the arts, resilience and trauma healing.
Article

From Liberation Theology to (Liberationist) Peace Studies

Practice, Reflection and the Generation of Scholarship

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2016
Keywords liberation theology, theory, practice, peace studies, religion
Authors Leo Guardado
AbstractAuthor's information

    This article illustrates liberation theology’s evolution and method and argues that its approach to bridging the gap between theory and practice serves as a complement and challenge for conceptualizing the dynamic and fluid relationship between scholarship and practice in peace studies. The 1971 publication of A Theology of Liberation made Fr. Gustavo Gutiérrez one of the most influential scholars and theologians of the 20th century, but the process that led to this publication rests upon the day-to-day reflective practice of its author. Gutiérrez’ commitment to pastoral practice, especially among poor communities, raises questions about whose and what kind of knowledge is privileged in the academy, about the possibility of sustainably sourcing wisdom from local communities and about the necessity of scholars to locate themselves within the realities and among the communities they study. Given the affinity between liberation theology’s inductive method and the elicitive approach in some currents of peace studies, the article places its emphasis on the convergent contributions of Gustavo Gutiérrez and John Paul Lederach and draws information from personal conversations with both authors. As a whole, the article contributes to the bourgeoning and necessary dialogue between peace studies and theology.


Leo Guardado
Leo Guardado is a PhD student in the joint programme in Theology and Peace Studies at the University of Notre Dame. His research interests include liberation theology, human displacement and the role of church communities for building justice and peace.
Article

Non-Violent Struggle

The 1992 Kenyan Case Study of the Protective Power and the Curse of Female Nakedness

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2015
Keywords non-violent struggle, dynamics of non-violent struggle, strategic planning in non-violent struggle, protective power of the vulva, curse of female nakedness
Authors Dr. Peter Karari
AbstractAuthor's information

    Non-violent struggle is a technique by which the population can restrict and sever the sources of power of their oppressors while mobilizing their own potentials into effective power. Female nakedness is one type of non-violent action that can be mobilized to facilitate women’s emancipation from gendered-cum-patriarchal oppression, violence and marginalization. A literature review indicates that female nakedness has been used for many centuries around the world to stop wars, ward off enemies, agitate for rights, prevent pests and increase harvests. Studies show that the effectiveness of non-violent struggle requires strategic planning and understanding of the dynamics involved. This article analyses the 1992 women’s nude protest in Kenya aimed at pushing for the release of political prisoners. This study investigates three questions: (1) In what ways was the 1992 women’s nude protest in Kenya a success? (2) What were the struggle’s flaws? (3) What strategic plans and/or dynamics of non-violent struggle could have been employed to make this protest more effective? The findings of this research indicate that: (1) The nude protest was partially a success because it secured the release of all political prisoners and nurtured democratization; (2) the struggle failed to embrace some strategic planning and/or the dynamics of non-violent struggle in addition to hunger strike and female nakedness; and (3) the protest could have been more successful if it embraced particular strategic plans and/or dynamics of non-violent struggle such as negotiation, power relations, prioritization of tactics and methods of non-violent struggle, access to critical material resources and clear monitoring and evaluation strategies.


Dr. Peter Karari
Dr. Peter Karari will be joining Karatina University, Kenya in September 2015 as a faculty member in the school of education and social sciences where he plans to start a department in Peace and Conflict Studies. He is a PhD graduate in peace and conflict studies from the Arthur Mauro Centre for Peace and Justice, University of Manitoba. He also has a Bachelor in Social-Work from the University of Nairobi in Kenya and a Masters in Peace and Conflicts Research from Otto-von Guericke University in Magdeburg Germany. His areas of focus includes; ethnopolitical violence, transitional justice, peacebuilding, conflict-management, conflict-resolution, conflict-transformation, and human rights. His doctoral research was on ethno-political violence, transitional justice, and peacebuilding in Kenya. He has diverse field and work experience with Non-governmental and community based organizations. He was the Country Program Manager of Drug Abuse Education Program Kenya, Project Coordinator Compassion International Kenya, and Chief Executive Officer Kibera Slum Education Program, an Oxfam GB assisted project in Kenya. Peter has served in various capacities as a student leader, community leader, and as a member of the University of Manitoba senate. He has a great passion for the marginalized and the vulnerable people in the society and has greatly been recognized for his community leadership and human rights activism. He is the winner of the 2010 Nahlah Ayed Prize for Student Leadership and Global Citizenship, University of Manitoba; 2010 Paul Fortier Award in Student Activism, University of Manitoba Faculty Association; 2011 University of Manitoba Alumni Award; 2012 University of Manitoba Dean of Graduate Studies Student Achievement Award; and 2014 University of Manitoba Emerging Leaders Award. Apart from mentoring his students to explore new perspectives and ideas that address their inquisitiveness as human beings, Dr. Karari envisions to actively participate in peacebuilding initiatives to make the world a better place for all to live in. He envisions Perpetual Peace in the World!
Article

Process Pluralism in Transitional-Restorative Justice

Lessons from Dispute Resolution for Cultural Variations in Goals beyond Rule of Law and Democracy Development (Argentina and Chile)

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2015
Keywords transitional justice, conflict resolution, process pluralism, cultural variation, individual and collective justice
Authors Carrie Menkel-Meadow
AbstractAuthor's information

    This article reviews some of the key issues in transitional justice process and institutional design, based on my research and experience working and living in several post-conflict societies, and suggests that cultural and political variations in transitional justice design, practices, and processes are necessary to accomplish plural goals. The idea of process pluralism, derived from the more general fields of conflict resolution and ‘alternative dispute resolution’ in legal contexts, is an essential part of transitional justice, where multiple processes may occur simultaneously or in sequence over time (e.g. truth and reconciliation processes, with or without amnesty, prosecutions, lustration and/or more local legal and communitarian processes), depending on both individual and collective preferences and resources. Transitional justice is itself ‘in transition’ as iterative learning has developed from assessment of different processes in different contexts (post-military dictatorships, civil wars, and international and sub-national conflicts). This article draws on examples from Argentina’s and Chile’s emergence from post-military dictatorships to describe and analyze a plurality of processes, including more formal governmental processes, but also those formed by civil society groups at sub-national levels. This article suggests that ‘democracy development’ and legalistic ‘rule of law’ goals and institutional design may not necessarily be the only desiderata in transitional justice, where more than the ‘legal’ and ‘governmental’ is at stake for more peaceful human flourishing. To use an important concept from dispute resolution, the “forum must fit the fuss”, and there are many different kinds of ‘fusses’ to be dealt with in transitional justice, at different levels of society – more than legal and governmental but also social, cultural and reparative.


Carrie Menkel-Meadow
Carrie Menkel-Meadow is Chancellor’s Professor of Law and Political Science, University of California, Irvine.
Article

A Reformulated Model of Narrative Mediation of Emerging Culture Conflict

Journal International Journal of Conflict Engagement and Resolution, Issue 2 2014
Keywords narrative mediation, ethnic and cultural conflict, psychoanalysis of communal violence, peacekeeping
Authors Patrick J Christian
AbstractAuthor's information

    This article describes the theory and practice of narrative mediation as a primary resource in the engagement and resolution of communal cultural violence by military and development advisors operating in under-governed conflict zone. The praxis adopts the narrative therapy practice of Michael White and the narrative mediation model of Winslade & Monk to create an approach to engage rural, tribal communities caught in cycles of violence as perpetrators, victims and bystanders. Because the praxis is employed cross-culturally in sociocentric communities, I have added elements of conflict story discovery and joint mediation therapy to the existing model of deconstruction, externalization and restorying – thus creating a reformulated model. The employment of this narrative therapy and mediation approach was done through my practical field application during 20 years of violent, intra-state conflict in Sudan, Niger, Iraq and Colombia. The implications of continuing narrative mediation as a primary resource would serve to advance the larger praxis of conflict resolution in cultural and ethnic violence.


Patrick J Christian
The author, Lt Colonel, is a doctoral candidate in ethnic and cultural conflict. He is assigned to the US Department of Defense, Office of the Undersecretary of Defense for Policy. As a US Army Special Forces officer with the United States Special Operations Command, he has researched the sociological breakdown and psychological devolvement of tribes and clans in conflict for over 20 years. As part of the department’s larger engagement of ethnic and cultural conflict, he has worked with communities caught up in violence in Ecuador, Colombia, Iraq, Sudan, Ethiopia, and most recently, Niger.
Article

Success and Failure in ADR

A Dialogue between Partners

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2014
Keywords collaborative, adjudicatory, pedagogy, interdisciplinary, diversity
Authors Lela P. Love and Joseph B. Stulberg
AbstractAuthor's information

    Love and Stulberg critically discuss policy, scholarly, and practice developments in four areas of program development in the area historically referenced as alternative dispute resolution (ADR): the range of process options; the impact of court procedures on ADR program development and practice; the nature of ADR scholarship and training; and the general public's receptiveness to or rejection of the normative principles that structure ADR collaborative processes. Their concluding remarks suggest that the promise of ADR, particularly of the mediation process, remains inspiring to many, even if its effective implementation remains uneven.


Lela P. Love
Lela P. Love is Professor of Law and Director of the Kukin Program for Conflict Resolution at the Benjamin Cardozo School of Law at Yeshiva University.

Joseph B. Stulberg
Joseph B. Stulberg is the Michael E. Moritz Chair in Alternative Dispute Resolution at The Ohio State University Michael E. Moritz College of Law.
Article

Lessons from the Frontiers of Failure

Second-Order Social Learning and Conflict Resolution

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2014
Keywords conflict resolution, social learning, intractability, failure, adaptation
Authors Oliver Ramsbotham
AbstractAuthor's information

    From the beginning, second order social learning has been at the heart of conflict resolution. Learning from failure was seen by the founders of the field to be essential for individuals and social groups if they were to adapt and survive in a constantly changing environment. This article traces the origins of this concept within the field and then applies it to the field itself. How well has conflict resolution responded to failure during its 60 year development? Where are the ‘frontiers of failure’ today? The article ends with an example of adaptation to failure drawn from my own work on what can be done in the communicative sphere when, so far, conflict resolution does not work.


Oliver Ramsbotham
Emeritus Professor of Conflict Resolution, University of Bradford
Article

Does Our Field Have a Centre?

Thoughts from the Academy

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2013
Keywords Conflict and Peace studies, peacebuilding, pedagogy, George Mason University, S-CAR
Authors Kevin Avruch
AbstractAuthor's information

    This article is a personal reflection on the development of the field of conflict resolution/peace and conflict studies from the perspective of the classroom: how what is thought necessary to teach has changed as the field has grown and reacted to often turbulent political change


Kevin Avruch
Henry Hart Rice Professor of Conflict Resolution & Professor of Anthropology, School for Conflict Analysis and Resolution. I thank my colleagues Arthur Romano, Richard Rubenstein, and Dennis Sandole for their careful and critical reading of earlier drafts of this essay, and Oliver Ramsbotham for his critical reading of a later one. Their various suggestions greatly improved the work.
Article

The Historical Contingencies of Conflict Resolution

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2013
Keywords History of ADR, consensus building, multi-party dispute resolution, theory development, conflict handling
Authors Carrie Menkel-Meadow
AbstractAuthor's information

    This article reviews the historical contingency of theory and practice in conflict engagement. World War II and the Cold War produced adversarial, distributive, competitive, and scarce resources conceptions of negotiation and conflict resolution, as evidenced by game theory and negotiation practice. More recent and more optimistic theory and practice has focused on party needs and interests and hopes for more party-tailored, contingent, flexible, participatory and more integrative and creative solutions for more than two disputants to a conflict. The current challenges of our present history are explored: continued conflict in both domestic and international settings, the challenge of “scaling up” conflict resolution theory and the problematics of developing universal theory in highly contextualized and diverse sets of conflict sites. The limits of “rationality” in conflict resolution is explored where feelings and ethical, religious and other values may be just as important in conflict engagement and handling.


Carrie Menkel-Meadow
Chancellor’s Professor of Law, University of California Irvine Law School and A.B. Chettle Jr. Professor of Dispute Resolution and Civil Procedure, Georgetown University Law Center.
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