ABSTRACT
BritishsocialphilosopherStuartHampshirerecentlyarticulated thefundamentalandfoundationalprinciplesofthemodemconflict resolutionmovement(andIdocallitamovement).2Heassertedthat, "therewillalwaysbeapluralityofdifferentandincompatible conceptionsofthegoodandtherecannotbeasinglecomprehensive andconsistenttheoryofhumanvirtue."3Correspondingly,"our politicalenmitiesinthecityorstatewillnevercometoanendwhile wehavediverselifestoriesanddiverseimaginations."4Hampshire,a sociallyprogressive,socialistphilosopherhopedtoarticulate
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universal conceptions of the good. 5 In his lifetime of reflection on this important subject, Hampshire concluded that at best we know the bad things-the evils we want to eliminate-when we see them, but we cannot agree on either the means to eliminate those evils or the content of the good we seek to promote.6 One person's equitable redistribution of wealth is another's person confiscation of justly held and earned property. In the evening of his productive years of contemplation, Hampshire adopted a procedural or process-driven social philosophy that I want to discuss today. Hampshire has named and described the moral articulation of the approach I have been arguing for, teaching and practicing with for much of my career in seeking social justice through law. Today we will explore how processes other than litigation can serve the public interest, at least as well, if not better than, the more commonly used methods of lawsuits, litigation and commanded rule-changes.
