CRIM 108

DISPUTE RESOLUTION SYSTEM AND

PD 108
AMICABBLE SETTLEMENT
- “Amicable Settlement Act”
LESSON 1
- Provides for the purpose of perpetuation and
official recognition of the time-honored tradition
of amicably setting disputes among family and
barangay members of the barangay level without
judicial resources that would promote the speedy
administration of justice and implement the
constitutional mandate to preserve and develop
Filipino culture and to strengthen the family as
basic social institution.

RESTORATIVE & TRANSFORMATIVE JUSTICE

RESTORATIVE JUSTICE
Restorative Transformative
Response to a crime is to organize -maybe connected to -explicitly outside
formal court systems formal court systems
New movement in Criminology and Victimology

-primary focus is on -focus on both

Retributive Restorative immediate harm immediate harm and
-crime is an act against - crime is an act against caused conditions leading to
the law and state people and obligations harm
-slightly more -names oppression as
formalized and root cause of harm
professionalized and abuse resist
-criminal acts create - Create obligations formalization
guilt
-requires the state to - victims, perpetrators,
determine blame (guilt) and community
and impose pain members in an effort to Both
(punishment) put things right. -centers the needs of the person harmed

-central focus: - central focus: victim
perpetrators getting what needs and perpetrators
they deserve responsibility for
repairing them
-focus on healing, support, and account
ability.
The Concept of Conflict

 Comes from Latin term “conflingere”

 Within a person or may involve several people
RA 9285
or groups
- “Alternative Dispute Resolution Act”  Natural disagreement
- Providing freedom for the parties to decide at  Incompatible goals
their own expense while resolving the dispute.
Conflict Theory
◦ Draws attention to power differentials such as
class conflict, and generally contrast historically
dominant ideologies.
◦ Propounded by Karl Marx
 ◦ Claims that society is in a state of perpetual
conflict due to competition for limited resources
◦ It holds that social order is maintained by
domination and power, rather than consensus
and conformity
◦ Karl Marx’s conflict theory focuses on the
conflict between bourgeoisie and proletariat
Primary Assumptions of Modern Conflict Theory
Competition- competition over scarce resources is at the
heart of all social relationships. Competition rather than
consensus is characteristics of human relationships.
Structural inequality- inequalities in power and reward
are built into all social structures. Individuals and groups
that benefit from any particular structure strive to see it
maintained.
Revolution- change occurs as a result of conflict
between social classes competing interests rather than
through adaption.
War- unifier of societies but may also be an end of a
whole society.
Types of Conflict Theories
Critical Theory- refers to a family of theories that aim at
a critique and transformation of society by integrating
nonnative perspectives with empirically informed
analysis of society’s conflicts, contradictions, and
tendencies.
Feminist Theory- In essence, feminist theory is a set of
ideas originating with the belief that women are not
subordinate to men or only valuable in relationship to
men (servant, caretaker, mother, or prostitute) and that
the disciplines systems, and structures in place in our
world today may be changed for the better if infused
with a feminist point of view.
Postmodern Theory- In postmodern thought there are no
universal criteria of truth and claims to knowledge are
always contextual.
Post-structural Theory- refers to a way of thinking that
emphasizes the radical uncertainty of knowledge
(particularly knowledge in language) and posits that
“truth” is not a fixed concept, but instead constantly
changes based on your cultural, political, social, and
economic position in the world.
Postcolonial Theory- a body of thought primarily
concerned with accounting for the political, aesthetic,
economic, historical, and social impact of European
colonial rule around the world in the 18 th through the 20th
century.
Queer Theory- Drawing upon the social constructionist
views prominent in the work of French philosopher-
historian Michel Foucault, Butler argued that gender is
neither a natural nor a stable element of biological or
social identity, but rather is constantly brought into
existence through a series of performative activities
everyday gestures and actions that have the potential to
reconstitute notions and practices of masculinity and
femininity and thus resist normativity.
World systems Theory- The big idea was the global
system had a stratified structure on inequality based on
institutionalized exploitation. This implied that the
whole system was the proper unit of analysis, not
national societies, and that development and
underdevelopment had been structured by global power
relations for centuries.
Race-conflict approach- a point of view that focuses on
inequality and conflict between people of different racial
and ethnic categories.
Modern Approach on Conflict
◦ Societies are defined by inequality that produces
conflict, rather than which produces order and
consensus
◦ The disadvantaged have structural interests that
run counter to status qou, which, once they are
assumed, will lead to social change
◦ Human potential is suppressed by conditions of
exploitation and oppression
◦
Conflict resolution
◦ Conceptualized as the methods and processes
involved in facilitating the peaceful ending of
conflict and retribution