Civil Justice, Privatization, and Democracy

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Author :
Publisher : University of Toronto Press
ISBN 13 : 144269503X
Total Pages : 400 pages
Book Rating : 4.4/5 (426 download)

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Book Synopsis Civil Justice, Privatization, and Democracy by : Trevor C.W. Farrow

Download or read book Civil Justice, Privatization, and Democracy written by Trevor C.W. Farrow and published by University of Toronto Press. This book was released on 2014-04-30 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Privatization is occurring throughout the public justice system, including courts, tribunals, and state-sanctioned private dispute resolution regimes. Driven by a widespread ethos of efficiency-based civil justice reform, privatization claims to decrease costs, increase speed, and improve access to the tools of justice. But it may also lead to procedural unfairness, power imbalances, and the breakdown of our systems of democratic governance. Civil Justice, Privatization, and Democracy demonstrates the urgent need to publicize, politicize, debate, and ultimately temper these moves towards privatized justice. Written by Trevor C.W. Farrow, a former litigation lawyer and current Chair of the Canadian Forum on Civil Justice, Civil Justice, Privatization, and Democracy does more than just bear witness to the privatization initiatives that define how we think about and resolve almost all non-criminal disputes. It articulates the costs and benefits of these privatizing initiatives, particularly their potential negative impacts on the way we regulate ourselves in modern democracies, and it makes recommendations for future civil justice practice and reform.

Public Justice Private Dispute Resolution and Democracy

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Public Justice Private Dispute Resolution and Democracy by : Trevor C. W. Farrow

Download or read book Public Justice Private Dispute Resolution and Democracy written by Trevor C. W. Farrow and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper is about the widespread and systematic privatization of the public civil justice system. In particular, it: (1) documents the move to privatize civil disputes across all aspects of the justice system (including courts, administrative tribunals and state-sanctioned arbitration regimes); (2) looks at some of the benefits and drawbacks of privatization, specifically including negative impacts on systems of democratic governance; and (3) identifies justice - rather than efficiency - as the primary benchmark by which civil justice reform initiatives should be judged.

Civil Justice, Privatization, and Democracy

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Author :
Publisher : University of Toronto Press
ISBN 13 : 1442645784
Total Pages : 396 pages
Book Rating : 4.4/5 (426 download)

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Book Synopsis Civil Justice, Privatization, and Democracy by : Trevor C.W. Farrow

Download or read book Civil Justice, Privatization, and Democracy written by Trevor C.W. Farrow and published by University of Toronto Press. This book was released on 2014-01-01 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Privatization is occurring throughout the public justice system, including courts, tribunals, and state-sanctioned private dispute resolution regimes. Driven by a widespread ethos of efficiency-based civil justice reform, privatization claims to decrease costs, increase speed, and improve access to the tools of justice. But it may also lead to procedural unfairness, power imbalances, and the breakdown of our systems of democratic governance. Civil Justice, Privatization, and Democracy demonstrates the urgent need to publicize, politicize, debate, and ultimately temper these moves towards privatized justice. Written by Trevor C.W. Farrow, a former litigation lawyer and current Chair of the Canadian Forum on Civil Justice, Civil Justice, Privatization, and Democracy does more than just bear witness to the privatization initiatives that define how we think about and resolve almost all non-criminal disputes. It articulates the costs and benefits of these privatizing initiatives, particularly their potential negative impacts on the way we regulate ourselves in modern democracies, and it makes recommendations for future civil justice practice and reform.

The Privatized State

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Publisher : Princeton University Press
ISBN 13 : 0691205752
Total Pages : 356 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis The Privatized State by : Chiara Cordelli

Download or read book The Privatized State written by Chiara Cordelli and published by Princeton University Press. This book was released on 2020-11-24 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why government outsourcing of public powers is making us less free Many governmental functions today—from the management of prisons and welfare offices to warfare and financial regulation—are outsourced to private entities. Education and health care are funded in part through private philanthropy rather than taxation. Can a privatized government rule legitimately? The Privatized State argues that it cannot. In this boldly provocative book, Chiara Cordelli argues that privatization constitutes a regression to a precivil condition—what philosophers centuries ago called "a state of nature." Developing a compelling case for the democratic state and its administrative apparatus, she shows how privatization reproduces the very same defects that Enlightenment thinkers attributed to the precivil condition, and which only properly constituted political institutions can overcome—defects such as provisional justice, undue dependence, and unfreedom. Cordelli advocates for constitutional limits on privatization and a more democratic system of public administration, and lays out the central responsibilities of private actors in contexts where governance is already extensively privatized. Charting a way forward, she presents a new conceptual account of political representation and novel philosophical theories of democratic authority and legitimate lawmaking. The Privatized State shows how privatization undermines the very reason political institutions exist in the first place, and advocates for a new way of administering public affairs that is more democratic and just.

Privatization and Its Discontents

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Publisher : Cambridge University Press
ISBN 13 : 1108692664
Total Pages : 233 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis Privatization and Its Discontents by : Matthew Titolo

Download or read book Privatization and Its Discontents written by Matthew Titolo and published by Cambridge University Press. This book was released on 2023-06-22 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Privatization and Its Discontents, Matthew Titolo situates the contemporary debate over infrastructure in the long history of public–private governance in the United States. Titolo begins with Adam Smith's arguments about public works and explores debates over internal improvements in the early republic, moving to the twentieth-century regulatory state and public-interest liberalism that created vast infrastructure programs. While Americans have always agreed that creation and oversight of 'infrastructure' is a proper public function, Titolo demonstrates that public–private governance has been a highly contested practice throughout American history. Public goods are typically provided with both government and private actors involved, resulting in an ideological battle over the proper scope of the government sphere and its relationship to private interests. The course of that debate reveals that 'public' and 'private' have no inherent or natural content. These concepts are instead necessarily political and must be set through socially negotiated compromise.

The Justice Crisis

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Publisher :
ISBN 13 : 9780774863582
Total Pages : 368 pages
Book Rating : 4.8/5 (635 download)

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Book Synopsis The Justice Crisis by : Trevor Farrow

Download or read book The Justice Crisis written by Trevor Farrow and published by . This book was released on 2021-05 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite wide recognition that access to justice is one of the most basic rights of democratic citizenship, unfulfilled legal needs are at a tipping point in many parts of the Canadian justice system and around the world. High legal fees, complex and expensive administration, lack of funding, political inattention, insufficient research and education, and a relatively uninformed public feed into the problem. The Justice Crisis assesses what is and isn't working in efforts to improve access to civil and family justice. Meaningful access is often a question of providing pathways to resolving everyday legal issues. The availability of justice services that aren't only tied to the courts and lawyers - such as public education on the law, alternative dispute settlement, and paralegal support - is therefore an important concern. Contributors to this wide-ranging overview of new empirical research address several key issues: the extent and cost of unmet legal needs; the role of public funding; connections between legal and social exclusion among vulnerable populations, including Indigenous communities; the value of new legal pathways; legal fee structures; the provision of justice services that go beyond the courts and lawyers; and the need for a culture change within the justice system. Their findings can inform initiatives to improve access to justice within the Canadian system and beyond. Scholars and students of law, political science, public policy, and sociology will find this book extremely useful, as will lawyers and judges, government officials, regulators, and community-based organizations and activists.

The Public and the Private

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Author :
Publisher : SAGE
ISBN 13 : 0761997024
Total Pages : 172 pages
Book Rating : 4.7/5 (619 download)

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Book Synopsis The Public and the Private by : Gurpreet Mahajan

Download or read book The Public and the Private written by Gurpreet Mahajan and published by SAGE. This book was released on 2003-08-18 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers presented at the Workshop: the Public and the Private Democratic Citizenship in a Comparative Perspective, held at New Delhi during 2-4 November 2000.

Mediation and Justice

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Publisher : Taylor & Francis
ISBN 13 : 1040107265
Total Pages : 252 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Mediation and Justice by : Penelope McRedmond

Download or read book Mediation and Justice written by Penelope McRedmond and published by Taylor & Francis. This book was released on 2024-07-22 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book asks why justice is important to both individuals and to society as a whole. A number of justice questions are raised to evaluate whether mediation can deliver social, distributive, procedural, or substantive justice and fairness. Focussing on a scrutiny of mediation in the context of justice, the book covers social justice and justice issues posed by confidentiality, bias, lack of fairness, and Online Dispute Resolution. Discussing whether mediation can truly deliver justice to all, this book identifies areas where this fails and provides solutions and suggestions for improvement.. The dangers of private justice, bias, mandatory mediation, and the side lining of the importance of fairness in the resolution of disputes are all considered. In contrast, the positive aspects of mediation are added to the balance. This book will be of interest to researchers in the field of conflict resolution, law, and social science. Readers will also be found among mediators and people interested in justice and the civil justice system.

Can Courts be Bulwarks of Democracy?

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Publisher : Cambridge University Press
ISBN 13 : 1316516733
Total Pages : 173 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis Can Courts be Bulwarks of Democracy? by : Jeffrey K. Staton

Download or read book Can Courts be Bulwarks of Democracy? written by Jeffrey K. Staton and published by Cambridge University Press. This book was released on 2022-03-31 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that independent courts can defend democracy by encouraging political elites to more prudently exercise their powers.

Foundations of Civil Justice

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Author :
Publisher : Springer
ISBN 13 : 3319187759
Total Pages : 155 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis Foundations of Civil Justice by : Fabien Gélinas

Download or read book Foundations of Civil Justice written by Fabien Gélinas and published by Springer. This book was released on 2015-06-26 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the knowledge corpus about access to civil justice across disciplines and legal traditions and proposes a new research framework for civil justice reform. This framework is intended to foster further critical analysis of the justice system in a systematic and organized way. In particular, the framework underlines the tensions between different values considered as central to the civil justice system, and in doing so potentially allows for conscious, reflected and enlightened choices about the values that are to be prioritized in the reform of justice systems.

Private Law in the 21st Century

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509908595
Total Pages : 613 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Private Law in the 21st Century by : Kit Barker

Download or read book Private Law in the 21st Century written by Kit Barker and published by Bloomsbury Publishing. This book was released on 2017-01-26 with total page 613 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together a wide range of contributors from across the common law world to identify and debate the principal moral and systemic challenges facing private law in the remaining part of the twenty-first century. The various contributions identify serious problems relating to complexity and overload, threats to research and education, the law's unintelligibility, the unsatisfactory nature of the law reform process and a general lack of public engagement. They consider the respective future roles of statutes, codes, and judge-made law (in the form of both common law and equitable rules). They consider how best to organise the private law system internally, and how to co-ordinate it externally with other public and economic systems (human rights, regulation, insurance markets and social security frameworks). They address the challenges for private law presented by new forms of technology, and by modern demands for the protection of new and intangible forms of moral interest, such as interests in privacy, 'vindication' and 'personal choice'. They also engage with the critical contemporary debates about access to, and the privatisation of, civil justice. The work is designed as a source of inspiration and reference for private lawyers, as well as legislators, policy-makers and students.

The Justice Crisis

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Author :
Publisher : UBC Press
ISBN 13 : 0774863609
Total Pages : 369 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis The Justice Crisis by : Trevor C.W. Farrow

Download or read book The Justice Crisis written by Trevor C.W. Farrow and published by UBC Press. This book was released on 2020-09-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

A Wolf at the Schoolhouse Door

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Publisher : The New Press
ISBN 13 : 1620978121
Total Pages : 153 pages
Book Rating : 4.6/5 (29 download)

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Book Synopsis A Wolf at the Schoolhouse Door by : Jack Schneider

Download or read book A Wolf at the Schoolhouse Door written by Jack Schneider and published by The New Press. This book was released on 2023-03-07 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: A trenchant analysis of how public education is being destroyed in overt and deceptive ways—and how to fight back In the “vigorous, well-informed” (Kirkus Reviews) A Wolf at the Schoolhouse Door, the co-hosts of the popular education podcast Have You Heard expose the potent network of conservative elected officials, advocacy groups, funders, and think tanks that are pushing a radical vision to do away with public education. “Cut[ing] through the rhetorical fog surrounding a host of free-market reforms and innovations” (Mike Rose), Jack Schneider and Jennifer Berkshire lay bare the dogma of privatization and reveal how it fits into the current context of right-wing political movements. A Wolf at the Schoolhouse Door “goes above and beyond the typical explanations” (SchoolPolicy.org), giving readers an up-close look at the policies—school vouchers, the war on teachers’ unions, tax credit scholarships, virtual schools, and more—driving the movement’s agenda. Called “well-researched, carefully argued, and alarming” by Library Journal, this smart, essential book has already incited a public reckoning on behalf of the millions of families served by the American educational system—and many more who stand to suffer from its unmaking. “Just as with good sci-fi,” according to Jacobin, “the authors make a compelling case that, based on our current trajectory, a nightmare future is closer than we think.”

Vanishing Contract Law

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Publisher : Cambridge University Press
ISBN 13 : 1009084909
Total Pages : 259 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Vanishing Contract Law by : Catherine Mitchell

Download or read book Vanishing Contract Law written by Catherine Mitchell and published by Cambridge University Press. This book was released on 2022-09-01 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: English contract law provides the invisible framework that underpins and enables much contracting activity in society, yet the role of the law in policing many of our contracts now approaches vanishing point. The methods by which contracts come into existence, and notionally create binding obligations, have transformed over the past forty years. Consumers now enter into contracts through remote and automated processes on standard terms over which they have little control. This book explores the substantive weakening of the institution of contract law in a society heavily dependent on contracts. It considers significant areas of contracting activity that affect many people, but that escape serious and sustained legal scrutiny. An accessibly written and succinct account of contract law's past, present and future, it assesses the implications of a diminished contract law, and the possibilities, if any, for its revival.

European Human Rights Justice and Privatisation

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108497055
Total Pages : 303 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis European Human Rights Justice and Privatisation by : Gaëtan Cliquennois

Download or read book European Human Rights Justice and Privatisation written by Gaëtan Cliquennois and published by Cambridge University Press. This book was released on 2020-10-15 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a new understanding of the relationships between litigation strategies, growing private funding and European human rights justice.

Party Autonomy in Private International Law

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Publisher : Cambridge University Press
ISBN 13 : 110867870X
Total Pages : 595 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis Party Autonomy in Private International Law by : Alex Mills

Download or read book Party Autonomy in Private International Law written by Alex Mills and published by Cambridge University Press. This book was released on 2018-08-16 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an unprecedented analysis and appraisal of party autonomy in private international law - the power of private parties to enter into agreements as to the forum in which their disputes will be resolved or the law which governs their legal relationships. It includes a detailed exploration of the historical origins of party autonomy as well as its various theoretical justifications, and an in-depth comparative study of the rules governing party autonomy in the European Union, the United States, common law systems, and in international codifications. It examines both choice of forum and choice of law, including arbitration agreements and choice of non-state law, and both contractual and non-contractual legal relations. This analysis demonstrates that while an apparent consensus around the core principle of party autonomy has emerged, its coherence as a doctrine is open to question as there remains significant variation in practice across its various facets and between legal systems.

Making Globalization Happen

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Publisher : Oxford University Press
ISBN 13 : 0198903170
Total Pages : 577 pages
Book Rating : 4.1/5 (989 download)

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Book Synopsis Making Globalization Happen by : Vijayashri Sripati

Download or read book Making Globalization Happen written by Vijayashri Sripati and published by Oxford University Press. This book was released on 2024-03-25 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Making Globalization Happen: The Untold Story of Power, Profits, Privilege, Sripati explains how, when, through which entities, and for what purposes economic globalization was catalyzed and its effects on the Global South in general and South Asia in particular. Based on an innovative international constitutional political economy framework, Sripati examines how the Western classical liberal constitution has shaped international law developments in this post-colonial era given its salience and comprehensive scope. Presenting a comprehensive narrative of economic globalization, Making Globalization Happen accurately and comprehensively links constitutional globalization to the following UN family-created agendas: peacebuilding, conflict prevention, human security, protection of civilians, sustainable development, global war on terrorism, women, peace, and security, poverty reduction or market-oriented development, ending conflict-related sexual violence, and justice (climate, criminal, and transitional). Sripati simultaneously provides the missing constitutional foundation for globalization and the fields that it has spawned: global studies and law and political economy. With these ground-breaking insights, Making Globalization Happen: The Untold Story of Power, Profits, Privilege clearly illustrates who drove constitutional globalization and for whose benefit: the UN family and transnational capitalists. Thus, it rips away the facade of UN family-driven peace, justice, human rights, democracy, and development to expose it as a narrative of power, profit, and privilege for transnational capitalists and debt, death, and despair for the Global South.