ABSTRACT
This chapter deals with the accommodation of plurality outside (although often in connection with) the legal system, in particular through alternative dispute resolution mechanisms and restorative justice programmes. The first part of the chapter examines the related concepts of normative plurality and legal pluralism, introducing the main authors and theories in this field, including the theory of semi-autonomous social fields by Sally Folk Moore. The second part of the chapter focuses on the use of alternative programmes in Europe, in particular those based on restorative justice. The diffusion of restorative justice in Europe and the international and European legal framework disciplining the use of such mechanisms are presented. The chapter then introduces the concept of conflict resolution in traditional societies. Different social structures and corresponding types of authority (derived by Max Weber) are presented. Finally, both the benefits and the risks associated with informal dispute resolution mechanisms, in particular for cases of violence against women, are examined. This analysis will provide a bridge to the next part of the book: the empirical analysis of case studies.
