A Framework for Measuring the Costs of Paths to Justice PDF Download
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Author: Martin Gramatikov
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
For a long time, the official justice mechanisms have been perceived as expensive and unaffordable for the majority of people. In this article, I review the literature on barriers to justice and contemplate the identified barriers as costs that users must spend on their paths to justice. The goal of this paper is to elaborate a framework of categories of the private costs of justice, which should facilitate the measurement and comparison of costs of the paths to justice. Using the criterion of substance of the costs, the framework recognizes three categories - out-of-pocket costs, opportunity costs and intangible costs. For each cost category, I discuss the relevant measurement and validation challenges. A conclusion of the study is that despite the focus of policy actions and research placed on the out-of-pocket costs of justice, the costs from the other two categories are a significant challenge for the accessibility of the paths to justice. The use of the framework is recommended as a more balanced approach to measuring, comparing and understanding the existing barriers faced during the paths to justice.
Author: Martin Gramatikov
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
For a long time, the official justice mechanisms have been perceived as expensive and unaffordable for the majority of people. In this article, I review the literature on barriers to justice and contemplate the identified barriers as costs that users must spend on their paths to justice. The goal of this paper is to elaborate a framework of categories of the private costs of justice, which should facilitate the measurement and comparison of costs of the paths to justice. Using the criterion of substance of the costs, the framework recognizes three categories - out-of-pocket costs, opportunity costs and intangible costs. For each cost category, I discuss the relevant measurement and validation challenges. A conclusion of the study is that despite the focus of policy actions and research placed on the out-of-pocket costs of justice, the costs from the other two categories are a significant challenge for the accessibility of the paths to justice. The use of the framework is recommended as a more balanced approach to measuring, comparing and understanding the existing barriers faced during the paths to justice.
Author: Martin Gramatikov
Publisher: Maklu
ISBN: 9046603121
Category : Law
Languages : en
Pages : 98
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Book Description
This handbook was developed by the Tilburg Institute for Interdisciplinary Studies of Civil Law and Conflict Resolution Systems (The Netherlands). It offers practical information on the use of a methodology for measuring the cost and quality of paths to justice, from the perspective of users. How do clients of justice systems like the way in which their needs and concerns are voiced? Do they feel they received sufficient information about the procedure? Do they think the outcome was fair and did it help to solve their problem? Do they think the procedure was a value for their money? How much time did they spend? This methodology provides answers to such questions so that citizens using the justice system can voice their needs and providers of justice services can improve their processes.
Author: Martin Gramatikov
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Legal problems and justice needs are similar in different jurisdictions and different locations. Processes for resolving them, as well as rules determining outcomes vary widely, however. Measuring the price (costs) and quality of such 'paths to justice' from the perspective of the user is likely to enhance users' choice, enable comparison and learning, to increase transparency, and to create incentives for improving access to justice. This paper discusses the contours of a methodology for this purpose and of some concrete tools for measuring costs, procedural quality, and outcome quality. Conceptualization of a path to justice, criteria and items included in the measurement framework, as well as different data collection methods, are presented. Experiences from two pilot studies give insight in the challenges that lie ahead, and in the potential uses of the (developing) measurement methodology.
Author: Trevor C.W. Farrow
Publisher: UBC Press
ISBN: 0774863609
Category : Law
Languages : en
Pages : 369
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Book Description
Unfulfilled legal needs are at a tipping point in much of the Canadian justice system. The Justice Crisis assesses what is and isn’t working in efforts to strengthen a fundamental right of democratic citizenship: access to civil and family justice. Contributors to this wide-ranging overview of recent empirical research address key issues: the extent and cost of unmet legal needs; the role of public funding; connections between legal and social exclusion among vulnerable populations; the value of new legal pathways; the provision of justice services beyond the courts and lawyers; and the need for a culture change within the justice system.
Author: Steven P. Croley
Publisher: NYU Press
ISBN: 1479855006
Category : Law
Languages : en
Pages : 297
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Book Description
"In Civil Justice Reconsidered, Steven Croley demonstrates that civil litigation is, for the most part, socially beneficial. An effective civil litigation system is accessible to parties who have suffered legal wrongs, and it is reliable in the sense that those with stronger claims tend to prevail over those with weaker claims. However, while most of the system's failures are overstated, they are not wholly off base; civil litigation often imposes excessive costs that, among other unfortunate consequences, impede access to the courts, and Croley offers ways to reform civil litigation in the interest of justice for potential plaintiffs and defendants, and for the rule of law itself"--Publisher's web site, viewed February 10, 2017.
Author: David Scott Clark
Publisher: Edward Elgar Publishing
ISBN: 1781006091
Category : Law
Languages : en
Pages : 481
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Book Description
Comparative Law and Society, part of the Research Handbooks in Comparative Law series, is a pioneering volume that comprises 19 original essays written by expert authors from across the world. This innovative handbook offers both a history of the field of comparative law and society and a thorough exploration of its methods, disciplines, and major issues, presenting the most comprehensive look into this contemporary field to date. In Part I, Methods and Disciplines, contributors approach critical issues in comparative law and society from a variety of academic fields, including sociology, criminology, anthropology, economics, political science, and psychology. This multidisciplinary approach highlights the importance of addressing the variance of perspectives inherent to the field. In Part II, Core Issues, chapters offer an exploration of major legal institutions, processes, professionals, and cultures associated with particular legal subjects. Since authors utilize the perspective of at least two different legal systems, this book offers a truly thorough and wide-ranging focus. the general reader, as well as students and scholars, will find this handbook useful in their continuing explorations into the interaction between law and society. Practitioners such as lawyers and judges with an interest in global perspectives of law will also find much to admire in this innovative volume.
Author: Sahar Maranlou
Publisher: Cambridge University Press
ISBN: 1107072603
Category : Law
Languages : en
Pages : 277
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Book Description
A critical and in-depth analysis of access to justice from international and Islamic perspectives, with a specific focus on access by women.
Author: Shimon Shetreet
Publisher: BRILL
ISBN: 9004421556
Category : Law
Languages : en
Pages : 588
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Book Description
The book offers articles by senior jurists on important aspects of judicial independence and judicial process in many jurisdictions, including indicators of justice. It comes at the time of serious challenges to the judiciary, the rule of law and democracy.
Author: Jelle van Veenen
Publisher: Maklu
ISBN: 9046604373
Category : Law
Languages : en
Pages : 175
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Book Description
The potential of online communication to reduce the costs of dispute resolution has long been recognized. Apart from cost reduction, online applications may also improve the quality of dispute resolution. Online communication can be limiting when offline processes are copied into an online environment. However, by designing processes specifically for the medium, innovations are possible that are not available in offline dispute resolution. In this book, the limitations and benefits of using online communication for dispute resolution processes are investigated. The book also explores the potential of online communication to support a specific dispute resolution process. The focus is on tools to support integrative negotiation, which is a common method for negotiating disputes, used widely in legal practice and embedded in the formal system of many countries in the form of court-annexed mediation. The process is usually described in general terms. In this research, the process is broken down into 14 concrete tasks. Additionally, several chapters describe how online applications may support users in dealing with communication issues (miscommunication, distrust, and strong emotions), in uncovering interests, and in developing creative outcomes. Examples from three applications demonstrate how these methods are being used in practice.
Author: M. Trebilcock
Publisher: University of Toronto Press
ISBN: 1442660619
Category : Law
Languages : en
Pages : 577
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Book Description
Though most conceptions of the rule of law assume equality before the law – and hence equal access to the justice system – this basic right is not being met for many low and middle income Canadians. This book focuses on the problem of civil access to justice for middle income earners – those whose household income is high enough to disqualify them from legal aid but not high enough to cover the costs of litigation. Featuring contributions by leading Canadian and international scholars, practitioners, and members of the judiciary, this multidisciplinary collection draws on scholarship in the fields of law, social science, and public policy. There is a particular emphasis on family law, consumer law, and employment law, as these are the areas where research has indicated that unmet legal needs are highest. Middle Income Access to Justice presents a variety of innovative solutions, from dispute resolution process reforms to the development of non-lawyer forms of assistance and new methods for funding legal expenses. In doing so, it lays the foundation for the development of a much-needed new delivery model to provide early intervention for legal services.
