- April 7, 2012
- Posted by: essay
- Category: Sample essay papers
The concepts of legal conflict
The term “conflict” comes from Latin “conflictus”ť which means ” a serious disagreement, a dispute”. Conflict is a form of interaction between individuals, groups of individuals or social institutions. Specificity of this type of interaction involves a clash of parties due to their desire to realizations of own goals and interests. Conflicts have occurred in all areas of public life, including in the field of law, and in such cases we are dealing with legal conflict. (Schellenberg, 1996)
In the legal system aconflict can be defined as a dispute or disagreement between the parties who are in legal relations, on the various tangible or intangible goods and interests.
Subjects of legal conflict are mostly individuals and legal entities. Parties to a legal conflict can also be officials, state agencies, local government, and the state as a whole. The state is mainly a party to the conflict in international relations and in relations “personality – the state”. A person may be subject to the conflict in the civil, family, labor, administrative, criminal and other legal relations. (Singer, 1994)
Legal should be considered any interstate conflict, as the relationship between any states are subject to the rules of international law. Legal in nature are all labor, most of family, industrial, domestic and international conflicts, if they affect the country’s constitution, the agreement between the regions or branches of government, the status of nations and nationalities. Though a lot of conflicts are considered as mixed and include both legal and illegal issues (for example, political confrontations). (Singer, 1994)
Legal Conflict summarizes and examines those features that characterize the conflict in terms of law. The theoretical value of this approach is the ability to interface conflicts with the state institutions (and the law is one of them) and, therefore, consideration of conflicts is not an abstract social space, and a real connection with the existing legal instruments and structures. The practical meaning of such an approach is to determine whether the rules of law can influence the origin, development and conflict resolution, and if so, how to improve the effectiveness of this action.
Resolution of legal conflicts is the key issue of legal development. As it is known, the conflict between individuals, social groups or nations may be resolved by force or by peaceful and civilized means. The last include the practical application of domestic and international legal institutions, such as a court, arbitration, parliamentary and constitutional procedures, as well as informal, alternative means of reaching agreement – advice, arbitration courts, etc. (Singer, 1994)
Conflict resolution is, in essence, an agreement on the disputed issue between the parties. There are three main types of such an agreement: 1) agreement as a result of concurrence of the parties, 2) an agreement in accordance with the legal or moral will of an external force, 3) agreement that is imposed by one of the conflicting parties. (Schellenberg, 1996)
The first stage of conflict resolution is prerequisites of resolution. In scientific literature, the prerequisites for successful conflict resolution are called:
– Diagnosis of confrontation, including the elucidation of its causes, motives of the parties, etc.;
– Implementation of situational and positional analysis (clarifying the situation and the positions of the parties);
– Forecasting the course and consequences of conflict (including the determination of benefits and damages for each party in different variants of the conflict resolution). (Schellenberg, 1996)