ABSTRACT
This paper explores the moral and theoretical foundation of apology as a social-legal response to conflict. The paper examines the formal and informal use of apologies in law and state practices, and identifies the various inadequacies (or potential inadequacies) that may arise from the instrumentalization of apology. It discusses the commodification of apology and argues that the mere use of apology without an examination of its genuineness and foundation may be counterproductive to the interest of justice for the victim. The last section of this paper highlights various corrective strategies that can be employed to enhance the validity of apology in the dispute resolution process.
Ngira, David Otieno, Taking Apology Seriously: (Re)Thinking the Place of Apology in Formal and Informal Dispute Resolution Processes (August 9, 2018) (2018) 6(3) Alternative Dispute Resolution 1-13.
First posted 2020-09-17 04:32:46
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