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 643 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. This title is included in Bloomsbury Professional's International Arbitration online service.

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 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 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 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 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 413 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 Austerity written by Suzanne J. Konzelmann and published by John Wiley & Sons. This book was released on 2019-10-14 with total page 139 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 321 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 Social Movements in Times of Austerity Bringing Capitalism Back Into Protest Analysis written by Donatella della Porta and published by Polity. This book was released on 2015-05-04 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have seen an enormous increase in protests across the world in which citizens have challenged what they see as a deterioration of democratic institutions and the very civil, political and social rights that form the basis of democratic life. Beginning with Iceland in 2008, and then forcefully in Egypt, Tunisia, Spain, Greece and Portugal, or more recently in Peru, Brazil, Russia, Bulgaria, Turkey and Ukraine, people have taken to the streets against what they perceive as a rampant and dangerous corruption of democracy, with a distinct focus on inequality and suffering. This timely new book addresses the anti-austerity social movements of which these protests form part, mobilizing in the context of a crisis of neoliberalism. Donatella della Porta shows that, in order to understand their main facets in terms of social basis, strategy, and identity and organizational structures, we should look at the specific characteristics of the socioeconomic, cultural and political context in which they developed. The result is an important and insightful contribution to understanding a key issue of our times, which will be of interest to students and scholars of political and economic sociology, political science and social movement studies, as well as political activists.

Download or read book The English Prison Health System After a Decade of Austerity 2010 2020 written by Nasrul Ismail and published by Taylor & Francis. This book was released on 2022-11-21 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt: Austerity has reconfigured and scaled back the governance and delivery of public services and negatively affected society’s most vulnerable groups. This book opens up the closed world of English prisons to examine its impact on prison health governance and healthcare delivery. It argues that austerity has been a decade-long, large-scale political experiment that has caused debt to balloon, eroded the prison health system and perpetuated a cycle of punishment resulting in sicker prisoners. In short, austerity has violated prisoners’ human rights. Drawing on interviews and data from existing longitudinal and economic analyses, the book demonstrates how austerity has resulted in high rates of recidivism, diminished what remains of the welfare state, and increased inequality and punitiveness. Despite a decade of failure, there is a marked political reluctance to dispense with austerity, and the governmental juggernaut continues to produce the same result. As the spectre of recession increases, caused in part by Brexit and COVID-19, these failures are ever more perilous. This book blends the interdisciplinary perspectives of criminology, public health, sociology, law, social policy, politics, and economics to enable greater understanding of the impact of austerity on health governance, prison healthcare, the prison workforce, and prisoners’ health and safety. It challenges current policy, practice and thinking, and is a must read for anyone who wants to reflect on how the political economic structure can affect the governance and delivery of healthcare services in marginalised settings, beyond prisons, and indeed beyond England.

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.

Download or read book Paths to Justice written by Hazel Genn and published by Hart Publishing. This book was released on 1999-11 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Effective policy-making in the administration of justice requires a solid understanding of public behaviour. This book presents the results of the most wide-ranging survey ever conducted by an independent body or government agency into the experiences of ordinary citizens as they grapple with the kinds of problems that could ultimately end in the civil courts. Funded by the Nuffield Foundation, the survey identifies how often people experience problems for which there might be a legal solution and how they set about solving them. Revealing crucial differences in the approach taken to different kinds of potential legal problems, the study describes the factors that influence decisions about whether and where to seek advice about problems, and whether and when to go to law. In addition to exploring experiences of courts, tribunals and ADR processes, the study also provides important insights into public confidence in the courts and the judiciary. For the first time the study reveals the public's perspective on access to civil justice and makes a significant contribution to debate about how far civil justice reforms coincide with public experience and expectations about resolving justiciable problems."--Back cover.

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 Minority Women and Austerity written by Bassel, Leah and published by Policy Press. This book was released on 2017-07-12 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: As austerity measures continue throughout Europe, its effects are felt differently by different groups of citizens. This book looks at how minority women in France and Britain have coped with austerity. Crucially, it casts them not as passive victims, but as active agents finding ways to survive, using their race, class, gender, and legal status as resources for collective action at a moment when left-wing politics and non-governmental organizations have failed them. Making use of in-depth case studies, Minority Women and Austerity offers an unprecedented look at the changing relationship among the state, the market, and civil society, and the opportunities and dilemmas that creates for minority women.

Download or read book Litigants in Person in the Civil Justice System written by Kate Leader and published by Bloomsbury Publishing. This book was released on 2024-04-18 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do people represent themselves? What works and what doesn't for self-represented parties? And how can we improve Litigant in Person (LiP) experiences to make the civil justice system fairer? Based on in-depth interviews with individuals who have acted as Litigants in Person in the civil courts, the book provides the first full-length account of LiP experiences. The author shines a light on how much we don't know about LiPs, the civil justice system, and LiPs' place within it, as well as the kinds of things we ought to be doing to improve access to justice for unrepresented parties. Perfect for scholars of administrative justice, access to justice, court reform and legal aid, as well as government bodies and non-profit organisations, this book generates insight into meaningful methods of what works and what doesn't work for self-represented parties, based on the real-life experiences of LiPs.