scholarly journals ARCHITECTURE, RITUALS, AND NORMS IN CIVIL PROCEDURE

2015 ◽  
Vol 32 (2) ◽  
pp. 213 ◽  
Author(s):  
Fabien Gélinas ◽  
Clément Camion ◽  
Karine Bates ◽  
Emily Grant
Keyword(s):  
Dispute Resolution ◽  
Theoretical Perspective ◽  
Added Value ◽  
Future Research ◽  
Access To Justice ◽  
Civil Justice ◽  
Legal Norms ◽  
Policy Work ◽  
The Law ◽  
Research And Policy

In this article, the authors identify two important gaps in the literature on civil justice reform, both of which relate to the concept of stability in the law as an added value of public adjudication. The article aims to suggest avenues for future research on civil justice reform, especially in light of increasing recourse to private modes of dispute resolution. First, the article draws attention to the role played by judicial rituals and architecture in court-based, public adjudication, as a means of generating stability in the law and enhancing the legitimacy of dispute resolution. Second, from a more theoretical perspective, the article brings out the added value of formulating and formalizing legal norms through a public adjudicative process. Stability in the law encourages human agency and dignity by permitting individuals to form expectations and make decisions about their lives, acting in reliance on the law and the values that the law promotes. The value of stability must be taken into account in future research and policy work on civil justice reform, particularly as private justice, which lacks many of the characteristics that encourage stability in public adjudication, is increasingly explored as a potential solution to problems of access to justice. Dans cet article, les auteurs analysent deux lacunes importantes qu’ils ont relevées dans la littérature concernant la réforme de la justice civile et qui gravitent autour du concept de la stabilité du droit en tant qu’avantage découlant du processus public de règlement des différends. Les auteurs proposent des sujets à explorer lors de futures recherches sur la réforme de la justice civile, eu égard, notamment, au recours croissant aux modes privés de règlement des différends. Dans un premier temps, ils soulignent que les rituels et l’architecture du système judiciaire public favorisent la stabilité du droit et rehaussent la légitimité du règlement des différends. Examinant ensuite la question sous un angle plus théorique, ils s’attardent aux avantages découlant de la formulation et de l’officialisation des normes juridiques dans le cadre du processus public de règlement des différends. La stabilité du droit favorise l’intervention et la dignité humaines, car elle permet aux personnes d’avoir des attentes et de prendre des décisions au sujet de leurs vies en se fondant sur les règles de droit et sur les valeurs qui les sous-tendent.  L’atout que représente la stabilité doit être pris en compte dans les futurs travaux de recherche et d’orientation sur la réforme de la justice civile, surtout à l’heure où la justice privée, qui est dépourvue de bon nombre des caractéristiques qui engendrent la stabilité dans le processus public de règlement des différends, est de plus en plus explorée comme solution possible aux problèmes d’accès à la justice.

scholarly journals Judicial Specialisation in a Generalist Jurisdiction: Is Commercial Specialisation Within the High Court Justified?

2015 ◽  
Vol 46 (2) ◽  
pp. 307
Author(s):  
William Steel
Keyword(s):  
New Zealand ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Common Law ◽  
Future Research ◽  
High Court ◽  
The Law ◽  
The Government ◽  
Law Commission ◽  
The Way

In November 2013, after a series of Law Commission reports and years of academic, professional and judicial discussion, the Government introduced legislation to Parliament to replace the existing High Court commercial list with a specialist commercial panel. Whilst this panel would bring New Zealand into line with many comparable common law jurisdictions, this article argues that the case for specialisation has not been established. In particular, it notes that there is no publically available evidence to support the claim that the High Court is losing its commercial jurisdiction, or that commercial parties are choosing to resolve their disputes offshore or through alternative dispute resolution. Accordingly, this article argues that future research by the Law Commission, or other research agency, is required before specialisation can be justified. In reaching this conclusion, it also examines the issues that may arise if the Government decides to continue with its proposed reform under cl 18 of the Judicature Modernisation Bill 2013, suggesting changes along the way.

scholarly journals Health assets in a global context: a systematic review of the literature

BMJ Open ◽  
2019 ◽  
Vol 9 (2) ◽  
pp. e023810 ◽  
Author(s):  
Tine Van Bortel ◽  
Nuwan Darshana Wickramasinghe ◽  
Antony Morgan ◽  
Steven Martin
Keyword(s):  
Systematic Review ◽  
Clinical Care ◽  
Grey Literature ◽  
Theoretical Perspective ◽  
Added Value ◽  
Bibliographic Databases ◽  
Future Research ◽  
Global Context ◽  
Wide Range ◽  
Health Assets

ObjectiveTo provide an up-to-date overview of health assets in a global context both from a theoretical perspective and its practical applications to address health inequalities and achieve sustainable health.DesignA systematic review was conducted according to the Preferred Reporting Items for Systematic Reviews and Meta-Analyses guidelines.Data sourcesA comprehensive search, including 10 electronic bibliographic databases and hand searches, was undertaken to capture the wide range of terms associated with ‘health assets’ and ‘asset-based approaches to health’.Eligibility criteriaAny peer-reviewed published and grey literature in English related to ‘health assets’ or ‘assets’ in a ‘health’ context was included without any date, country or study design restrictions and the quality of evidence was appraised according to the Oxford Level of Evidence.OutcomesA broad consideration of all outcome measures including clinical outcomes, patient-level, community-level and population-level impacts and costs, was adopted.Results478 publications were included. Health assets were researched in 40 countries, predominantly in the West such as the USA and the UK. A number of broad health assets were identified including community and individual assets. Even though research was conducted in a number of different settings, most occurred in the community, clinical, care or educational settings. A wide variety of interventions and approaches were implemented, most commonly related to education and/or training, asset mapping or asset approaches.ConclusionsGlobally, authors most often referred to general ‘health assets’, ‘assets’ or some form of ‘community asset’ in relation to health. Overall, the idea of health assets is framed within a positive paradigm focusing on health creation rather than curative approaches. The sustained credibility of the global ‘health assets’ literature depends on future research on definitional, theoretical and evaluative issues in order to convince policy-makers and service commissioners of its necessity and added value to the traditional deficit approach.

scholarly journals Dispute Resolution, Access to Civil Justice and Legal Education

1969 ◽  
pp. 741 ◽  
Author(s):  
Trevor C.W. Farrow
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Legal Education ◽  
Access To Justice ◽  
International Literature ◽  
Civil Justice ◽  
Reform Initiatives ◽  
Law Schools ◽  
Collaborative Development ◽  
Research Programs

This article examines current dispute resolution leaching and research programs in the context of improving access to justice through recent civil justice reform initiatives. Animated by extensive domestic and international literature, online and survey-based research, the article explores the landscape of alternative dispute resolution (primarily at law schools), comments on the need for continued thinking and reform and acts as a leading resource to assist in the ongoing, collaborative development of dispute resolution initiatives in education in Canada and abroad.

scholarly journals A critical analysis of the inefficacy of Court-Annexed Mediation (CAM) in South Africa – lessons from Nigeria

2021 ◽  
Vol 46 (2) ◽  
pp. 25-54
Author(s):  
EC Muller ◽  
◽  
CL Nel
Keyword(s):  
South Africa ◽  
Dispute Resolution ◽  
South African ◽  
Justice System ◽  
Access To Justice ◽  
Civil Justice ◽  
Department Of Justice ◽  
Constitutional Development ◽  
Optimal Functioning ◽  
Civil Justice System

As a result of defects in the South African civil justice system, the Department of Justice and Constitutional Development introduced voluntary court-annexed mediation (CAM) in the magistrates’ courts in 2014. CAM was chosen under the broader need for greater access to justice because it has the potential to make dispute resolution efficient, amicable, and affordable. It can, therefore, contribute to access to justice for all members of society. Since the amendment of the Magistrates’ Court Rules to provide for CAM, the uptake of mediation in terms of the CAM system has unfortunately been inadequate. The aim of this article is to identify reasons for the inefficacy of CAM since its implementation. We use normative research to critically analyse existing court rules and authority. We conclude that there are several reasons for CAM’s inefficacy which are elucidated in the main text. It is important to understand these reasons, as the legislature presents CAM as a mechanism to improve access to justice. From this platform, we evaluate the mechanisms for court-connected alternative dispute resolutions provided by the Nigerian Multi-Door Courthouse (MDC) system. This reveals policies and practices that could potentially improve the efficacy of CAM in South Africa, as these relate to the factors identified as impediments to the optimal functioning of CAM in our civil justice system. As such, we identify valuable lessons that can be learned from this comparison. Building hereon, and on the conclusions reached elsewhere in the article, we postulate that the mediation scheme, as contemplated by Rule 41A of the Uniform Rules of Court (as applied in the superior courts), should also be implemented in the magistrates’ courts. The article concludes that improving CAM in South Africa is of critical importance to advancing access to justice and departing from a culture of conventional adversarial dispute resolution.

scholarly journals Judicial specialisation in a generalist jurisdiction: Is commercial specialisation within the High Court justified?

2021 ◽  
Author(s):  
◽  
William Steel
Keyword(s):  
New Zealand ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Common Law ◽  
Future Research ◽  
High Court ◽  
The Law ◽  
The Government ◽  
Law Commission ◽  
The Way

<p>In November 2013, after a series of Law Commission reports and years of academic, professional and judicial discussion, the government introduced legislation to Parliament to replace the existing High Court commercial list with a specialist commercial panel. Whilst this panel would bring New Zealand into line with many comparable common law jurisdictions, this paper argues that the case for specialisation has not been established. In particular, it notes that there is no publically available evidence to support the claim that the High Court is losing its commercial jurisdiction, or that commercial parties are choosing to resolve their disputes offshore or through alternative dispute resolution. Accordingly, this paper argues that future research by the Law Commission, or other research agency, is required before specialisation can be justified. In reaching this conclusion it also examines the issues that may arise if the government decides to continue with its proposed reform under clause 18 of the Judicature Modernisation Bill 2013, suggesting changes along the way.</p>

scholarly journals Judicial specialisation in a generalist jurisdiction: Is commercial specialisation within the High Court justified?

2021 ◽  
Author(s):  
◽  
William Steel
Keyword(s):  
New Zealand ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Common Law ◽  
Future Research ◽  
High Court ◽  
The Law ◽  
The Government ◽  
Law Commission ◽  
The Way

<p>In November 2013, after a series of Law Commission reports and years of academic, professional and judicial discussion, the government introduced legislation to Parliament to replace the existing High Court commercial list with a specialist commercial panel. Whilst this panel would bring New Zealand into line with many comparable common law jurisdictions, this paper argues that the case for specialisation has not been established. In particular, it notes that there is no publically available evidence to support the claim that the High Court is losing its commercial jurisdiction, or that commercial parties are choosing to resolve their disputes offshore or through alternative dispute resolution. Accordingly, this paper argues that future research by the Law Commission, or other research agency, is required before specialisation can be justified. In reaching this conclusion it also examines the issues that may arise if the government decides to continue with its proposed reform under clause 18 of the Judicature Modernisation Bill 2013, suggesting changes along the way.</p>

The mediating roles of law legitimacy and police legitimacy in predicting cooperation with police in China

2020 ◽  
pp. 000486582096564
Author(s):  
Feng Li ◽  
Ivan Y Sun ◽  
Yuning Wu ◽  
Siyu Liu
Keyword(s):  
Survey Data ◽  
Total Effect ◽  
Future Research ◽  
Police Legitimacy ◽  
Research Attention ◽  
The World ◽  
The Law ◽  
Willingness To Cooperate ◽  
Research And Policy ◽  
Police Effectiveness

Public’s willingness to assist the police in preventing and fighting crime forms one of the fundamental pillars for implementing effective policing strategies and reforms. Despite widely supported by research conducted around the world, the process-based model of policing has received little research attention in authoritarian settings. Based on survey data collected from Shanghai, China, this study assesses the roles of law and police legitimacy in mediating the relationships between police fairness and effectiveness and willingness to cooperate with the police. We found that Chinese people’s greater senses of police fairness can lead to their higher levels of trust in and willingness to obey the police, but the total effect of police fairness on willingness to cooperate with the police is non-significant. Police effectiveness, meanwhile, directly promotes cooperation with the police. We also found that people who perceived the law as legitimate expressed greater willingness to cooperate with the police. Police legitimacy, compared to law legitimacy, is a more pronounced linking factor connecting police fairness to public cooperation. Implications for future research and policy are discussed.

Administration of Civil Justice and Its Glorious Uncertainty in the Indian Legal System

2021 ◽  
pp. 93-111
Author(s):  
Soma Dey Sarkar ◽  
Rathin Bandyopadhyay ◽  
Bidisha Bandyopadhyay
Keyword(s):  
Legal System ◽  
Present Situation ◽  
Access To Justice ◽  
Civil Justice ◽  
Legal Studies ◽  
Litigation Process ◽  
The Law ◽  
Court Proceedings ◽  
Law Commission ◽  
The Way

“Justice delayed is justice denied” and “justice hurried is justice buried” are oft quoted proverbs in legal studies. While the latter is rarely prevalent in India, the former has maligned the image of the Indian legal system considerably. Delay in disposal of cases, pendency of cases, especially those of civil and commercial nature, and inducing unnecessary procedural complexities in litigation process are hindrances that come in the way of access to justice. Several reports of the Law Commission of India have pointed out that the present situation is very grim with escalating number of pending cases in the courts in India. To add to this compelling situation, the COVID-19 pandemic has further disrupted the court proceedings by increasing burden, moving the hearings from physical to virtual courtrooms. The endeavour of the authors in this chapter has been to search for convincing reasons that have led to inordinate delays in disposal of civil cases and to find out possible solutions to this problem plaguing the Indian legal system.

scholarly journals Is Mediation a Process of ‘Law’? A Hart-Ian Perspective

2021 ◽  
Vol 28 (2021) ◽  
pp. 18-34
Author(s):  
Zhi Wong Jing
Keyword(s):  
Dispute Resolution ◽  
Natural Law ◽  
Access To Justice ◽  
Legal Process ◽  
The World ◽  
Form Part ◽  
The Law ◽  
Law And Justice

Mediation, as a form of dispute resolution, is widely practiced. Nations across the world recognize it as an increasingly appropriate form of dispute resolution. But the existential question remains. Can we rightly ascribe the word ‘law’ to the processes of mediation? This article makes one qualified proposition. Mediation is an extra-legal process, unless it is used to realize the law (and justice). This is for two reasons. First, mediation’s processes and mediated outcomes do not in themselves cause judges’ obeisance and adherence. Mediated settlements must rely on the law of contract for its validity and efficacy. Second, even if mediation is legislated to form part of our law, it is extra-legal. It does not comport with the minimum content of natural law in that it does not guarantee the realization of the law and access to justice. If we are to regard mediation as law, mediation must be used to realize the law and guarantee access to justice.

Sign in / Sign up

Export Citation Format

Share Document