Caria, Claudia (2015) Il Ragionamento giuridico nei sistemi di risoluzione delle controversie: logica del giudizio e logica della mediazione. Doctoral Thesis.
The system of administration of justice has been going through a serious crisis for a long time, and this is due not only to the slowness and high costs of the trials, but mostly to its inadequacy to deal with the new demands of the society in the matter of conflicts. The main idea of this research is to illustrate the potentiality and the necessary presence, in terms of dispute resolution, of competitive systems, i.e. judgment, on one side, and cooperative ones, i.e. mediation, on the other side. This aim has been pursued through an analysis of the argumentations upon which the legal reasoning in judgment and in mediation is based.
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