覞视是一种诗性的眼光。在法诗学看来,“纠纷解决”的真实状态,是其诸多面相的不可分割的浑融状态,是一个包含史家、治病、诗人、竞赛和治理等多种元素的矛盾复合体;纠纷的解决的过程,是法官与其他利益相关者共同工作以实现案件公正的过程。在法治社会的背景下,纠纷解决的理论,若仍局限于传统的“技术理性”显然是不够的;在纠纷解决问题上,需要一种更加包容的“治理诗学”。 覞 as a poetic vision. In the view of the law of the poetics, the real state of “dispute resolution” is the indivisible blend of many aspects of it. It is a complex of contradictions containing various elements such as historians, medical doctors, poets, competitions and governance The process of settling a dispute is the process by which a judge and other stakeholders work together to realize the fairness of the case. In the context of a society ruled by law, the theory of dispute resolution is obviously not enough if it is still confined to the traditional “technical rationality.” On the issue of dispute resolution, a more inclusive “governing poetics” is needed.