Access to Justice

2019 ◽  
Author(s):  
Richard Susskind
Keyword(s):  
Legal Reform ◽  
Access To Justice ◽  
The Future ◽  
The Law

Two related phrases are commonly used in discussions about the courts and judges. The first is ‘access to justice’ and the second is ‘justice according to the law’. Like motherhood and apfelstrudel, these seem to be ideals whose merits are beyond debate. However, some deeper digging suggests that the scope and meaning of these concepts are far from self-explanatory. They are innocuous enough as terms of art, and often deployed to lend some force or lustre to arguments about social and legal reform. But if we are to be clear about online courts and the future of justice, we need to be clearer about these fundamental notions. Accordingly, in this chapter, I explore and extend the concept of access to justice, arguing that much of the literature and debate on this topic is too narrowly conceived. I defer until the next chapter the notion of justice according to the law, where I argue that this is also a more complex notion than is generally allowed.

The Trial of the Future: Challenge to the Law

1963 ◽  
Vol 77 (2) ◽  
pp. 393
Author(s):  
Walter V. Schaefer ◽  
Bernard Botein ◽  
Murray Gordon
Keyword(s):  
Future Challenge ◽  
The Future ◽  
The Law

Milton and Legal Reform

2016 ◽  
Vol 69 (2) ◽  
pp. 529-565 ◽  
Author(s):  
Alison A. Chapman
Keyword(s):  
Seventeenth Century ◽  
John Milton ◽  
Legal Education ◽  
Legal Reform ◽  
Judicial System ◽  
The Law ◽  
Local Courts ◽  
Political Pamphlets ◽  
Contemporary Context

AbstractThe second half of the seventeenth century was the first great period of legal reform in England’s history. This article situates John Milton in relationship to this contemporary context, arguing that he comments frequently on the need to change England’s laws and displays a finely tuned awareness of some of the major legal debates of his time. This article surveys Milton’s writings about the law and legal education, and it concludes by examining his 1659–60 political pamphlets where he calls for reform of the judicial system and the establishment of local courts.

scholarly journals Love in the time of Covid-19: a case-study of the complex laws governing weddings

Legal Studies ◽  
2021 ◽  
pp. 1-17
Author(s):  
Rebecca Probert ◽  
Stephanie Pywell
Keyword(s):  
First Century ◽  
Marriage Law ◽  
England And Wales ◽  
General Law ◽  
The Social ◽  
The Future ◽  
Fit For Purpose ◽  
The Law ◽  
The Impact

Abstract During 2020, weddings were profoundly affected by the Covid-19 pandemic. During periods of lockdown few weddings could take place, and even afterwards restrictions on how they could be celebrated remained. To investigate the impact of such restrictions, we carried out a survey of those whose plans to marry in England and Wales had been affected by Covid-19. The 1,449 responses we received illustrated that the ease and speed with which couples had been able to marry, and sometimes whether they had been able to marry at all, had depended not merely on the national restrictions in place but on their chosen route into marriage. This highlights the complexity and antiquity of marriage law and reinforces the need for reform. The restrictions on weddings taking place also revealed the extent to which couples valued getting married as opposed to having a wedding. Understanding both the social and the legal dimension of weddings is important in informing recommendations as to how the law should be changed in the future, not merely to deal with similar crises but also to ensure that the general law is fit for purpose in the twenty-first century.

The Conseil Constitutionnel and Judicial Review

1991 ◽  
Vol 12 (x) ◽  
pp. 61-82
Author(s):  
Richard Cicchillo
Keyword(s):  
Judicial Review ◽  
Ancien Regime ◽  
Similar System ◽  
Modern France ◽  
The Future ◽  
The Law ◽  
Ancien Régime ◽  
The Revolution

For Americans, long accustomed to judicial review of the law, the traditional absence of a similar system of constitutional control in France comes as a surprise. Closer examination however, reveals that the French politico-historico-judicial tradition inherited from the Ancien Régime and the Revolution of 1789 is deeply opposed to the development of "government by the judges." Why did the Revolution react against the judiciary? How has the idea of constitutional control evolved in modern France? What are the possible sources of legitimacy for an institution (the Conseil constitutionnel) and a concept (judicial review) cut off from the sanction of tradition? What is the future of the Conseil?

scholarly journals When Conscience Wavers. Some Reflections on the Normalization of Euthanasia in Belgium

2021 ◽  
pp. 25-37
Author(s):  
Willem Lemmens
Keyword(s):  
End Of Life ◽  
End Of Life Care ◽  
Psychiatric Patients ◽  
Therapeutic Option ◽  
Good Death ◽  
Life Care ◽  
Philosophical Perspective ◽  
Established Fact ◽  
The Law

AbstractIn this chapter, I evaluate from a philosophical perspective the ongoing discussions in the Belgian civil society triggered by the euthanasia law and its implementation in end-of-life care since 2002. I challenge the idea that the so-called normalization of euthanasia is an established fact and I contend that the ongoing discussions on the possible abuses of the law and the practice of euthanasia are unavoidable. I see three reasons for this. First, in contrast with what some think, euthanasia can never become a “normal” therapeutic option, that could be integrated in standard medical practice. Euthanasia is, by its very nature, a transgression of a fundamental moral taboo and will thus always, however liberal the law might be, challenge the conscience of some physicians. Secondly, because of its transgressive meaning, every act of euthanasia can always be contested by family members or the larger society. This is the case when euthanasia is given to patients who are not terminally ill (such as psychiatric patients), but also when a physician performs euthanasia in an undignified and negligent way. Thirdly, the very existence of the law puts pressure not only on patients and physicians but also the larger society. By making euthanasia into a symbol of the good death, a whole society loses its sensitivity for the intrinsic transgressive nature of euthanasia and creates all sorts of strategies to mask the wavering of conscience that results from this collective negligence. There is no way, so I conclude, to avoid this. The wavering of conscience will continue to haunt the end-of-life care in Belgium as long as the law on euthanasia remains as it is.

scholarly journals Small Defamation Claims in Small Claims Jurisdictions: Worth Considering for the Sake of Proportionality?

2018 ◽  
Vol 41 (4) ◽  
Author(s):  
Kim Gould
Keyword(s):  
Decision Making ◽  
Online Communication ◽  
Reform Process ◽  
Access To Justice ◽  
Ordinary People ◽  
Reform Agenda ◽  
Administration Of Justice ◽  
Small Claims ◽  
The Law ◽  
Defamation Law

Online communication continues to pose challenges for the law and the administration of justice. One such challenge concerns its propensity to give rise to small defamation claims between ordinary people given the often-enormous costs of litigating defamation claims before the ordinary courts. This article promotes a reform agenda directed to meeting this challenge by (1) demonstrating the need for a proportionate means for resolving small defamation claims, having regard to access to justice considerations and other wider concerns; (2) establishing reasonable grounds for seriously considering deploying the traditional small-claims-proportionate response – small claims jurisdictions – for this purpose notwithstanding contraindications including the infamous complexity of defamation law; and (3) advancing a research pathway for the proportionate treatment of small defamation claims to guide decision-making and innovation. This article also advocates for consideration of this important issue in the ‘national reform process’ launched in 2018 for Australian defamation law.

scholarly journals LOOKING FOR QUALITY: THE EMPIRICAL DEBATE IN ACCESS TO JUSTICE RESEARCH

2013 ◽  
Vol 31 (2) ◽  
pp. 229 ◽  
Author(s):  
Jennifer A Leitch
Keyword(s):  
Empirical Studies ◽  
Law And Society ◽  
Access To Justice ◽  
Justice Research ◽  
Conceptual Debate ◽  
Il Y A ◽  
The Law ◽  
The Impact

Access to Justice remains one of the most contested issues on the law-and-society agenda.  There has been continuing conceptual debate over its meaning, its objectives, and its success.  Of late, attention has turned to efforts to measure the impact and efficacy of different initiatives aimed at improving individuals’ access to justice.  Along with a broader turn toward empirical studies in law, there have been renewed efforts within the access to justice field to develop a more compelling and convincing methodology by which to assess and evaluate these different initiatives. L’accès à la justice demeure l’une des questions les plus contestées à l’ordre du jour « droit et société ». Il y a un débat conceptuel continu au sujet de son sens, de ses objectifs et de son succès. Récemment, l’attention s’est tournée vers les efforts visant à mesurer l’impact et l’efficacité de différentes initiatives ayant pour but d’améliorer l’accès à la justice des particuliers. Outre une tendance plus générale vers des études empiriques en droit, il y a eu, dans le domaine de l’accès à la justice, des efforts renouvelés visant à élaborer une méthodologie plus contraignante et convaincante pour évaluer ces différentes initiatives.

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