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- Title
Veils and Cloaks of Ignorance: Under-used Tools for Conflict Resolution.
- Authors
ANDERSON, BARRY; SWANSON, LES; IMPERATI, SAM
- Abstract
In his influential work, A Theory of Justice, John Rawls (1971) introduced the notion of a "veil of ignorance" as a conceptual device for promoting just choices. On the premise that getting conflicting parties to think more fairly is a goodfirst step toward achieving agreement, we develop Rawls s notion into a set of mediator tools. Potentially biasing information can be excluded from consideration by means of thin veils, thick veils, or cloaks. A thin veil consists of instructions to disregard information that is known and already in consciousness. A thick veil makes it more difficult for information that is known but not in consciousness to be brought to consciousness. A cloak withholds information that is not yet known. Opportunities to apply cloaks and veils of ignorance arise in fact conflicts, value conflicts, and interest conflicts. To maximize effectiveness, preference should be given to cloaks over thick veils and to thick veils over thin veils. Finally, we explore the ethical considerations facing the mediator when using cloaks and veils.
- Subjects
DISPUTE resolution; THEORY of Justice, A (Book : Rawls); RAWLS, John, 1921-2002; MEDIATORS (Persons); PROCEDURAL justice; MEDIATION; NEGOTIATION -- Law &; legislation
- Publication
Ohio State Journal on Dispute Resolution, 2014, Vol 30, Issue 1, p45
- ISSN
1046-4344
- Publication type
Article