ABSTRACT

This chapter suggests that lawyers may be especially useful in performing a variety of "new" functions that depart from traditional conceptions of the lawyer's role, but which lawyers may be especially well suited to perform. It explores the use of alternative legal, political and social problem solving institutions that draw on conflict resolution theory and practice. These institutions suggest that forms of "consensus building," which are both "principled" as well as based on "bargaining" models, may provide useful models for democratic participation and political decision making sharply demarcated. The modern democratic theory is premised on the notion that communication, dialogue and deliberation by constituencies, citizens, voters and decision makers will be produce better and more legitimate outcomes. The modern deliberative democracy recognizes that may need new social, political and legal forms to deal with our modern problems of social complexity.