Download or read book Justice in a Time of Austerity written by Robins, Jon and published by Policy Press. This book was released on 2021-06-22 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dan Newman and Jon Robins combine investigative journalism and academic scholarship to examine how the lives of people suffering problems with benefits, debt, family, housing and immigration are made harder by cuts to the civil justice system.
Download or read book New Pathways to Civil Justice in Europe written by Xandra Kramer and published by Springer Nature. This book was released on 2021-09-17 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on four topical and interconnected, innovative pathways to civil justice within the context of securing and improving access to justice: the use of Artificial Intelligence and its interactions with judicial systems; ADR and ODR tracks in privatising justice systems; the effects of increased self-representation on access to justice; and court specialization and the establishment of commercial courts to counter the trend of vanishing court trials. Top academics and experts from Europe, the US and Canada address these topics in a critical and multidisciplinary manner, combining legal, socio-legal and empirical insights. The book is part of ‘Building EU Civil Justice’, a five-year research project funded by the European Research Council. It will be of interest to scholars and policymakers, as well as practitioners working in the areas of civil justice, alternative dispute resolution, court systems, and legal tech. The chapters “Introduction: The Future of Access to Justice – Beyond Science Fiction” and “Constituting a Civil Legal System Called “Just”: Law, Money, Power, and Publicity” are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Download or read book Delivering Dispute Resolution written by Christopher Hodges and published by Bloomsbury Publishing. This book was released on 2019-10-17 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the techniques, mechanisms and architectures of the way disputes are processed in England and Wales. Adopting a comparative approach, it evaluates the current state of the main different types of dispute resolution systems, including business, consumer, personal injury, family, property, employment and claims against the state. It provides a holistic overview of the whole system and suggests both systemic and detailed reforms. Examining dispute resolution pathways from users' perspectives, the book highlights options such as ombudsmen, regulators, tribunals and courts as well as mediation and other ADR and ODR approaches. It maps numerous sectoral developments to see if learning might be spread to other sectors. Several recurrent themes arise, including the diversification in the use of techniques; adoption of digital, online and artificial technology; cost and funding constraints; the emergence of new intermediaries; the need to focus accessibility arrangements for people and businesses that need help with their problems; and identifying effective ways for achieving behavioural change. This timely study analyses the shift from adversarial legalism to softer means of resolving social problems, and points to a major opportunity to devise an imaginative and holistic strategic vision for the jurisdiction.
Download or read book Rethinking Nordic Courts written by Laura Ervo and published by Springer Nature. This book was released on 2021-08-01 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book examines whether a distinctly Nordic procedural or court culture exists and what the hallmarks of that culture are. Do Nordic courts and court proceedings share a distinct set of ideas and values that in combination constitute the core of a regional legal culture? How do Europeanisation, privatisation, diversification and digitisation influence courts and court proceedings in the Nordic countries? The book traces the genesis and formation of Nordic courts and justice systems to provide a richer comprehension of contemporary Nordic legal culture, and an understanding of the relationship between legal cultural stability and change. In answering these questions, the book provides models for conceptualising procedural culture. Nordic procedural culture has partly developed organically and is partly also the product of deliberate efforts to maintain a certain level of alignment between the Nordic countries. Studying Nordic cooperation enables us to gain a deeper understanding of current regional, European and global harmonisation processes within procedural law. The influx of supranational European law, increased use of alternative dispute resolution and growth in regulation density that produces a conflict between specialisation and coherence, have tangible impact on the role of courts in a democratic society, the form of court proceedings and court structures. This book examines whether and why some trends exert more tangible, or perhaps simply more perceptible, influence on procedural culture than others.
Download or read book Hope Under Neoliberal Austerity written by Mel Steer and published by Policy Press. This book was released on 2022-09 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the ways in which communities are responding today's society as government policies are increasingly promoting privatisation, deregulation and individualisation of responsibilities, providing insights into the efficacy of these approaches through key policy issues including access to food, education and health.
Download or read book From common rules to best practices in European Civil Procedure written by Burkhard Hess and published by Nomos Verlag. This book was released on 2017-12-08 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: Zwanzig Jahre nach der Verabschiedung des Amsterdamer Vertrags über die justizielle Zusammenarbeit in Zivilsachen wurden vom europäischen Gesetzgeber zahlreiche Instrumente des EU-Zivilprozessrechts entwickelt, die heute in der nationalen Rechtsprechung fest verankert sind. Diese Instrumente haben einen grenzüberschreitenden Raum der Rechtssicherheit geschaffen, dem Bürgerinnen und Bürger sowie und Unternehmen vertrauen können. Das vorliegende Buch fragt nach den "best practices" gemeinsamer Regeln und Praktiken. Inspiriert von der Verschiebung des Schwerpunkts von der Schaffung neuer Rechtsvorschriften hin zu einer Konzentration auf die konkrete Umsetzung, bietet der Band einen Überblick über einen einheitlichen europäischen Rechtsraum und seinen Regeln.
Download or read book Crippled written by Frances Ryan and published by Verso Books. This book was released on 2020-09-01 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: The austerity crisis and threat to disability rights. New updated edition includes the impact of COVID on Britain's 14 million disabled people. In austerity Britain, disabled people have been recast as worthless scroungers. From social care to the benefits system, politicians and the media alike have made the case that Britain’s 12 million disabled people are nothing but a drain on the public purse. In Crippled, journalist and campaigner Frances Ryan exposes the disturbing reality, telling the stories of those most affected by this devastating regime. It is at once both a damning indictment of a safety net so compromised it strangles many of those it catches and a passionate demand for an end to austerity, which hits hardest those most in need.
Download or read book Outcome Based Cooperation written by Christopher Hodges and published by Bloomsbury Publishing. This book was released on 2022-09-22 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do we cooperate – in social, local, business, and state communities? This book proposes an Outcome-Based Cooperative Model, in which all stakeholders work together on the basis of trust and respect to achieve shared aims and outcomes. The Outcome-Based Cooperative Model is built up from an extensive analysis of behavioural and social psychology, genetic anthropology, research into behaviour and culture in societies, organisations, regulation, and enforcement. The starting point is acceptance that humanity is facing ever larger risks, which are now systemic and even existential. To overcome the challenges, humans need to cooperate more, rather than compete, alienate, or draw apart. Answering how we do that requires basing ourselves, our institutions, and systems on relationships that are built on trust. Trust is based on evidence that we can be trusted to behave well (ethically), built up over time. We should aim to agree common goals and outcomes, moderating those that conflict, produce evidence that we can be trusted, and examine our performance in achieving the right outcomes, rather than harmful ones. The implications are that we need to do more in rebasing our relationships in local groupings, business organisations, regulation, and dispute resolution. The book examines recent systems and developments in all these areas, and makes proposals of profound importance for reform. This is a new blueprint for liberty, solidarity, performance, and achievement.
Download or read book Movement Parties Against Austerity written by Donatella della Porta and published by John Wiley & Sons. This book was released on 2017-04-21 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ascendance of austerity policies and the protests they have generated have had a deep impact on the shape of contemporary politics. The stunning electoral successes of SYRIZA in Greece, Podemos in Spain and the Movimento 5 Stelle (M5S) in Italy, alongside the quest for a more radical left in countries such as the UK and the US, bear witness to a new wave of parties that draws inspiration and strength from social movements. The rise of movement parties challenges simplistic expectations of a growing separation between institutional and contentious politics and the decline of the left. Their return demands attention as a way of understanding both contemporary socio-political dynamics and the fundamentals of political parties and representation. Bridging social movement and party politics studies, within a broad concern with democratic theories, this volume presents new empirical evidence and conceptual insight into these topical socio-political phenomena, within a cross-national comparative perspective.
Download or read book Austerity written by Suzanne J. Konzelmann and published by John Wiley & Sons. This book was released on 2019-10-14 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: Austerity has been at the center of political controversy following the 2008 financial crisis, invoked by politicians and academics across the political spectrum as the answer to, or cause of, our post-crash economic malaise. However, despite being the cause of debate for more than three centuries, austerity remains a poorly understood concept. In this book, Suzanne J. Konzelmann aims to demystify austerity as an economic policy, a political idea, and a social phenomenon. Beginning with an analysis of political and socioeconomic history from the seventeenth century, she explains the economics of austerity in the context of the overall dynamics of state spending, tax, and debt. Using comparative case studies from around the world, ranging from the 1930s to post-2008, she then evaluates the outcomes of austerity in light of its stated objectives and analyzes the conditions under which it doesn’t – and occasionally does – work. This accessible introduction to austerity will be essential reading for students and scholars of political economy, economics, and politics, as well as all readers interested in current affairs.
Download or read book Pharmaceutical and Medical Device Safety written by Sonia Macleod and published by Bloomsbury Publishing. This book was released on 2019-02-21 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how regulatory and liability mechanisms have impacted upon product safety decisions in the pharmaceutical and medical devices sectors in Europe, the USA and beyond since the 1950s. Thirty-five case studies illustrate the interplay between the regulatory regimes and litigation. Observations from medical practice have been the overwhelming means of identifying post-marketing safety issues. Drug and device safety decisions have increasingly been taken by public regulators and companies within the framework of the comprehensive regulatory structure that has developed since the 1960s. In general, product liability cases have not identified or defined safety issues, and function merely as compensation mechanisms. This is unsurprising as the thresholds for these two systems differ considerably; regulatory action can be triggered by the possibility that a product might be harmful, whereas establishing liability in litigation requires proving that the product was actually harmful. As litigation normally post-dates regulatory implementation, the 'private enforcement' of public law has generally not occurred in these sectors. This has profound implications for the design of sectoral regulatory and liability regimes, including associated features such as extended liability law, class actions and contingency fees. This book forms a major contribution to the academic debate on the comparative utility of regulatory and liability systems, on public versus private enforcement, and on mechanisms of behaviour control.
Download or read book Revolution and Evolution in Private Law written by Sarah Worthington and published by Bloomsbury Publishing. This book was released on 2018-01-11 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: The development of private law across the common law world is typically portrayed as a series of incremental steps, each one delivered as a result of judges dealing with marginally different factual circumstances presented to them for determination. This is said to be the common law method. According to this process, change might be assumed to be gradual, almost imperceptible. If this were true, however, then even Darwinian-style evolution – which is subject to major change-inducing pressures, such as the death of the dinosaurs – would seem unlikely in the law, and radical and revolutionary paradigms shifts perhaps impossible. And yet the history of the common law is to the contrary. The legal landscape is littered with quite remarkable revolutionary and evolutionary changes in the shape of the common law. The essays in this volume explore some of the highlights in this fascinating revolutionary and evolutionary development of private law. The contributors expose the nature of the changes undergone and their significance for the future direction of travel. They identify the circumstances and the contexts which might have provided an impetus for these significant changes. The essays range across all areas of private law, including contract, tort, unjust enrichment and property. No area has been immune from development. That fact itself is unsurprising, but an extended examination of the particular circumstances and contexts which delivered some of private law's most important developments has its own special significance for what it might indicate about the shape, and the shaping, of private law regimes in the future.
Download or read book YSEC Yearbook of Socio Economic Constitutions 2022 written by Eva Storskrubb and published by Springer Nature. This book was released on 2023-11-13 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: Funding of justice has significant consequences for the enforcement of rights and impacts directly on access to justice and the right to a fair trial as constitutional rights. Access to justice in turn essentially impacts on the effective enjoyment of any other constitutional right, since having the actual means to access a court in case of a potential breach strengthens that right. Public funding, such as legal aid, has come under pressure due to the reality of financial austerity measures and the tightening public budgets in many countries. This has contributed to privatization and marketisation of funding in ever more jurisdictions. Private forms of funding include inter alia litigation insurance, third-party litigation finance and crowdfunding, as well as different forms of assigning or selling claims. As public funding is in decline and as market liberalization in the field of justice increases, crucial questions related to the rule of law, access to justice and social and economic development, in the intersection between states, citizens and business are raised. For example, potential questions of conflict of interest and how to ensure a basic level of equality of access to funding, whilst at the same time protecting market freedom. Some of the contributions in the volume deal with the consequences of privatization of funding of justice on access to justice from a general, principled and theoretical perspective. Other contributions deal with specific regulatory developments or issues at the EU level, alternatively at the local level in specific jurisdictions. Further contributions deal with crucial issues of funding of justice in environmental matters, that are increasingly relevant and topical in practice.
Download or read book From Common Rules to Best Practices in European Civil Procedure written by Burkhard Hess and published by Nomos/Hart. This book was released on 2018-01-11 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: What road should procedural innovation take? More than 20 experts from practice and academia discuss the future of EU civil procedure, ranging from cross-border enforcement to mutual trust, from E-CODEX to Online Dispute Resolution. They offer blueprints for a reinvigorated judicial cooperation.
Download or read book Experiences of Criminal Justice written by Newman, Daniel and published by Policy Press. This book was released on 2022-01-18 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Austerity continues to impact the criminal justice process in England and Wales: police numbers are down, the Crown Prosecution Service is in disarray, legal aid has been reduced, courts are closing and magistrates are leaving. Research into the criminal process usually focuses on England, however this book offers a rare insight into South Wales. Drawing on first-hand accounts of lawyers, police, suspects, and the convicted and their families, it uncovers how these affected individuals navigate the challenges caused by austerity, what has changed and what can be done to improve the system. This book is a reliable and evocative account of the reality of criminal justice in Wales.
Download or read book Crisis written by Sylvia Walby and published by John Wiley & Sons. This book was released on 2015-10-30 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are living in a time of crisis which has cascaded through society. Financial crisis has led to an economic crisis of recession and unemployment; an ensuing fiscal crisis over government deficits and austerity has led to a political crisis which threatens to become a democratic crisis. Borne unevenly, the effects of the crisis are exacerbating class and gender inequalities. Rival interpretations – a focus on ‘austerity’ and reduction in welfare spending versus a focus on ‘financial crisis’ and democratic regulation of finance – are used to justify radically diverse policies for the distribution of resources and strategies for economic growth, and contested gender relations lie at the heart of these debates. The future consequences of the crisis depend upon whether there is a deepening of democratic institutions, including in the European Union. Sylvia Walby offers an alternative framework within which to theorize crisis, drawing on complexity science and situating this within the wider field of study of risk, disaster and catastrophe. In doing so, she offers a critique and revision of the social science needed to understand the crisis.
Download or read book The Three Paths of Justice written by Neil Andrews and published by Springer. This book was released on 2018-05-08 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: This revised second edition takes account of developments in the field of dispute resolution, including mediation and arbitration. The book presents a concise account of the English system of civil litigation, covering court proceedings in England and Wales. It is an original and important study of a system which is the historical root of the US litigation system. The volume offers a comprehensive and properly balanced account of the entire range of dispute resolution techniques. As the first (revised) book on this subject to be published in the USA, it enables American lawyers to gain an overview of the main institutions of English Civil Procedure, including mediation and arbitration. It will render the English system of civil justice accessible to law students in the US, practitioners of law, professors, judges, and policy-makers.
