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Bloomin' Buzzin' Confusion: Facts And Meaning In Adjudication And Mediation, Robert Rubinson
Bloomin' Buzzin' Confusion: Facts And Meaning In Adjudication And Mediation, Robert Rubinson
Robert Rubinson
Bloomin’ Buzzin’ Confusion: Facts and Meaning In Adjudication and Mediation ABSTRACT Any methodology, model, or cognitive process must exclude more than it includes in order to make sense of experience. To do otherwise would leave only, in the words of William James, a “bloomin’ buzzin’ confusion.” Mediation and adjudication go about the process of developing meaning from circumstance in fundamentally different ways. Rather than focusing on what each process identifies as important, the article takes the opposite perspective and focuses on what each process excludes. In doing so, the article explores how adjudication identifies relevant “facts” through a specific mechanism: …
Bloomin' Buzzin' Confusion: Facts And Meaning In Adjudication And Mediation, Robert Rubinson
Bloomin' Buzzin' Confusion: Facts And Meaning In Adjudication And Mediation, Robert Rubinson
Robert Rubinson
Bloomin’ Buzzin’ Confusion: Facts and Meaning In Adjudication and Mediation ABSTRACT Any methodology, model, or cognitive process must exclude more than it includes in order to make sense of experience. To do otherwise would leave only, in the words of William James, a “bloomin’ buzzin’ confusion.” Mediation and adjudication go about the process of developing meaning from circumstance in fundamentally different ways. Rather than focusing on what each process identifies as important, the article takes the opposite perspective and focuses on what each process excludes. In doing so, the article explores how adjudication identifies relevant “facts” through a specific mechanism: …
Bloomin' Buzzin' Confusion: Facts And Meaning In Adjudication And Mediation, Robert Rubinson
Bloomin' Buzzin' Confusion: Facts And Meaning In Adjudication And Mediation, Robert Rubinson
Robert Rubinson
Any methodology, model or cognitive process must exclude more than it includes in order to make sense of experience. To do otherwise would leave only, in the words of Williams James, a "bloomin' buzzin' confusion." Mediation and adjudication go about the process of developing meaning from circumstance in fundamentally different ways. Rather than focusing on what each process identifies as important, the article takes the opposite perspective and focuses on what each process excludes. In doing so, the article explores how adjudication identifies relevant "facts" through a specific mechanism: preexisting substantive rules define what matters and procedural rules exclude what …