Capa do livro: ADR IN THE AGE OF CONTEMPORANEITY - Chaos, Complexity and Pedagogy, Nadia Bevilaqua Martins

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

Nadia Bevilaqua Martins

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    por R$ 159,90

    Ficha técnica

    Autor/Autores: Nadia Bevilaqua Martins

    ISBN v. impressa: 978853621602-7

    ISBN v. digital: 978853628055-4

    Acabamento: Capa Dura + Sobrecapa

    Formato: 16,5x21,5 cm

    Peso: 590grs.

    Número de páginas: 400

    Publicado em: 31/05/2007

    Área(s): Direito - Filosofia do Direito; Direito - Internacional; Direito - Teoria Geral do Direito; Internacional

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    Sinopse

    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.

    Autor(es)

    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.

    Sumário

    PART I REFLECTIONS ON THE TRUTH Introduction

    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

    CONCLUSION

    PART II ADR IN THE CONTEMPORANEOUS CONTINUUM Introduction

    CHAPTER 6 ADR Space and Place

    Revisiting the Concepts of Justice and Law

    · Preliminary Considerations

    Justice

    Law

    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

    EPILOGUE

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

    GLOSSARY

    BIBLIOGRAPHY