Les Swanson - Profile on Academia.edu (original) (raw)

Papers by Les Swanson

In his influential work, A Theory of Justice, John Rawls (1971) introduced the notion of a "veil ... more In his influential work, A Theory of Justice, John Rawls (1971) introduced the notion of a "veil of ignorance" as a conceptual device for promoting just choices. On the premise that getting conflicting parties to think more fairly is a good first step toward achieving agreement, we develop Rawls's notion into a set of mediator tools. Potentially biasing information can be excluded from consideration by means of thin veils, thick veils, or cloaks. A thin veil consists of instructions to disregard information that is known and already in consciousness. A thick veil makes it more difficult for information that is known but not in consciousness to be brought to consciousness. A cloak withholds information that is not yet known. Opportunities to apply cloaks and veils of ignorance arise in fact conflicts, value conflicts, and interest conflicts. To maximize effectiveness, preference should be given to cloaks over thick veils and to thick veils over thin veils. Finally, we explore the ethical considerations facing the mediator when using cloaks and veils. 2 Id. at 136-7. 3 Id 4 RAwLs at 136-7. 5 Id. at 141.

In his influential work, A Theory of Justice, John Rawls (1971) introduced the notion of a "veil ... more In his influential work, A Theory of Justice, John Rawls (1971) introduced the notion of a "veil of ignorance" as a conceptual device for promoting just choices. On the premise that getting conflicting parties to think more fairly is a good first step toward achieving agreement, we develop Rawls's notion into a set of mediator tools. Potentially biasing information can be excluded from consideration by means of thin veils, thick veils, or cloaks. A thin veil consists of instructions to disregard information that is known and already in consciousness. A thick veil makes it more difficult for information that is known but not in consciousness to be brought to consciousness. A cloak withholds information that is not yet known. Opportunities to apply cloaks and veils of ignorance arise in fact conflicts, value conflicts, and interest conflicts. To maximize effectiveness, preference should be given to cloaks over thick veils and to thick veils over thin veils. Finally, we explore the ethical considerations facing the mediator when using cloaks and veils. 2 Id. at 136-7. 3 Id 4 RAwLs at 136-7. 5 Id. at 141.

Published in cooperation with the American Bar Association Section of Dispute Resolutio

In his influential work, A Theory of Justice, John Rawls (1971) introduced the notion of a "... more In his influential work, A Theory of Justice, John Rawls (1971) introduced the notion of a "veil of ignorance" as a conceptual device for promoting just choices. On the premise that getting conflicting parties to think more fairly is a good first step toward achieving agreement, we develop Rawls's notion into a set of mediator tools. Potentially biasing information can be excluded from consideration by means of thin veils, thick veils, or cloaks. A thin veil consists of instructions to disregard information that is known and already in consciousness. A thick veil makes it more difficult for information that is known but not in consciousness to be brought to consciousness. A cloak withholds information that is not yet known. Opportunities to apply cloaks and veils of ignorance arise in fact conflicts, value conflicts, and interest conflicts. To maximize effectiveness, preference should be given to cloaks over thick veils and to thick veils over thin veils. Finally, we e...

In his influential work, A Theory of Justice, John Rawls (1971) introduced the notion of a "veil ... more In his influential work, A Theory of Justice, John Rawls (1971) introduced the notion of a "veil of ignorance" as a conceptual device for promoting just choices. On the premise that getting conflicting parties to think more fairly is a good first step toward achieving agreement, we develop Rawls's notion into a set of mediator tools. Potentially biasing information can be excluded from consideration by means of thin veils, thick veils, or cloaks. A thin veil consists of instructions to disregard information that is known and already in consciousness. A thick veil makes it more difficult for information that is known but not in consciousness to be brought to consciousness. A cloak withholds information that is not yet known. Opportunities to apply cloaks and veils of ignorance arise in fact conflicts, value conflicts, and interest conflicts. To maximize effectiveness, preference should be given to cloaks over thick veils and to thick veils over thin veils. Finally, we explore the ethical considerations facing the mediator when using cloaks and veils. 2 Id. at 136-7. 3 Id 4 RAwLs at 136-7. 5 Id. at 141.

In his influential work, A Theory of Justice, John Rawls (1971) introduced the notion of a "veil ... more In his influential work, A Theory of Justice, John Rawls (1971) introduced the notion of a "veil of ignorance" as a conceptual device for promoting just choices. On the premise that getting conflicting parties to think more fairly is a good first step toward achieving agreement, we develop Rawls's notion into a set of mediator tools. Potentially biasing information can be excluded from consideration by means of thin veils, thick veils, or cloaks. A thin veil consists of instructions to disregard information that is known and already in consciousness. A thick veil makes it more difficult for information that is known but not in consciousness to be brought to consciousness. A cloak withholds information that is not yet known. Opportunities to apply cloaks and veils of ignorance arise in fact conflicts, value conflicts, and interest conflicts. To maximize effectiveness, preference should be given to cloaks over thick veils and to thick veils over thin veils. Finally, we explore the ethical considerations facing the mediator when using cloaks and veils. 2 Id. at 136-7. 3 Id 4 RAwLs at 136-7. 5 Id. at 141.

Published in cooperation with the American Bar Association Section of Dispute Resolutio

In his influential work, A Theory of Justice, John Rawls (1971) introduced the notion of a "... more In his influential work, A Theory of Justice, John Rawls (1971) introduced the notion of a "veil of ignorance" as a conceptual device for promoting just choices. On the premise that getting conflicting parties to think more fairly is a good first step toward achieving agreement, we develop Rawls's notion into a set of mediator tools. Potentially biasing information can be excluded from consideration by means of thin veils, thick veils, or cloaks. A thin veil consists of instructions to disregard information that is known and already in consciousness. A thick veil makes it more difficult for information that is known but not in consciousness to be brought to consciousness. A cloak withholds information that is not yet known. Opportunities to apply cloaks and veils of ignorance arise in fact conflicts, value conflicts, and interest conflicts. To maximize effectiveness, preference should be given to cloaks over thick veils and to thick veils over thin veils. Finally, we e...