Showing posts with label debate. Show all posts
Showing posts with label debate. Show all posts

Sunday, December 5, 2010

Arbitration


Arbitration, a form of alternative dispute resolution (ADR), is a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons (the "arbitrators", "arbiters" or "arbitral tribunal"), by whose decision (the "award") they agree to be bound. It is a settlement technique in which a third party reviews the case and imposes a decision that is legally binding for both sides.

Other forms of ADR include mediation (a form of settlement negotiation facilitated by a neutral third party) and non-binding resolution by experts. It is more helpful, however, simply to classify arbitration as a form of binding dispute resolution, equivalent to litigation in the courts, and entirely distinct from the other forms of dispute resolution, such as negotiation, mediation, or determinations by experts, which are usually non-binding. Arbitration is most commonly used for the resolution of commercial disputes, particularly in the context of international commercial transactions. The use of arbitration is far more controversial in consumer and employment matters, where arbitration is not voluntary but is instead imposed on consumers or employees through fine-print contracts, denying individuals of their right to access the courts.

Image is by Public Citizen.

Tuesday, July 6, 2010

Alarmism

Alarmism is the production of needless warnings. The term is usually used to downplay the warnings.

Monday, October 12, 2009

Polemics


Polemics (pronounced /pəˈlɛmɪks/, /poʊ-/) is the practice of disputing or controverting religious, philosophical, political, or scientific matters. As such, a polemic text on a topic is often written specifically to dispute or refute a position or theory that is widely viewed to be beyond reproach.

The antonym of a polemic source is an apologia.

Polemic journalism was common in continental Europe when libel laws weren't stringent. The Research Support Libraries Programme "Pamphlet and polemic: pamphlets as a guide to the controversies of the 17th-19th centuries", co-managed by the University of St. Andrews, the University of Aberdeen, and University of Wales Lampeter, collected and placed thousands of pamphlets on-line as a study of polemic rhetoric of that era. There are other meanings of the word as well. Polemic is also a branch of theology, pertaining to the history or conduct of ecclesiastical controversy.

The word is derived from the Greek word polemikos (πολεμικως), which means "warlike", "hostile". Plato uses a character named Polemarchus in his dialogue Republic as a vehicle to drive forward an ethical debate

synanthrope

 A synanthrope (from ancient Greek σύν sýn "together, with" and ἄνθρωπος ánthrōpos "man") is an organism that evolve...