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Justice and Efficiency in Mega-Litigation
Justice and Efficiency in Mega-Litigation explores the phenomenon of extremely long-running, resource-intensive civil litigation known as ‘mega-litigation’.Such litigation challenges the courts to reconcile the objectives of justice and efficiency – for the parties to the case and for the community.Drawing on interviews with judges of the courts of England and Wales, and of Australia, this book shows how judges have responded to these challenges. It situates mega-litigation within broader developments in civil procedure and case management, as well as theoretical debates about the role of courts and the purpose of civil procedure.The book highlights the importance of intensive, creative and flexible case management; focus on the issues in dispute; and, ultimately, each judge’s expert intuition.
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Climate Litigation and Justice in Africa
EPDF and EPUB available Open Access under CC-BY-NC-ND licence. In recent years, climate litigation has become an important subject of global scholarly and policy interest.However, developments within the Global South, particularly in Africa, have been largely neglected.This volume brings together an international team of contributors to provide a much-needed examination of climate litigation in Africa.The book outlines how climate litigation in Africa is distinct as well as pinpointing where it connects with the global conversation.Chapters engage with crucial themes such as human rights approaches to climate governance, corporate liability and the role of gender in climate litigation.Spanning a range of approaches and jurisdictions, the book challenges universal concepts around climate and the role of activism (including litigation) in seeking to advance climate governance.
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Strategies of Compliance with the European Court of Human Rights : Rational Choice Within Normative Constraints
In Strategies of Compliance with the European Court of Human Rights, Andreas von Staden looks at the nature of human rights challenges in two enduring liberal democracies—Germany and the United Kingdom.Employing an ambitious data set that covers the compliance status of all European Court of Human Rights judgments rendered until 2015, von Staden presents a cross-national overview of compliance that illustrates a strong correlation between the quality of a country's democracy and the rate at which judgments have met compliance.Tracing the impact of violations in Germany and the United Kingdom specifically, he details how governments, legislators, and domestic judges responded to the court's demands for either financial compensation or changes to laws, policies, and practices. Framing his analysis in the context of the long-standing international relations debate between rationalists who argue that actions are dictated by an actor's preferences and cost-benefit calculations, and constructivists, who emphasize the influence of norms on behavior, von Staden argues that the question of whether to comply with a judgment needs to be analyzed separately from the question of how to comply.According to von Staden, constructivist reasoning best explains why Germany and the United Kingdom are motivated to comply with the European Court of Human Rights judgments, while rationalist reasoning in most cases accounts for how these countries bring their laws, policies, and practices into sufficient compliance for their cases to be closed.When complying with adverse decisions while also exploiting all available options to minimize their domestic impact, liberal democracies are thus both norm-abiding and rational-instrumentalist at the same time—in other words, they choose their compliance strategies rationally within the normative constraint of having to comply with the Court's judgments.
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Strategic Human Rights Litigation : Understanding and Maximising Impact
Strategic human rights litigation (SHRL) is a growing area of international practice yet one that remains relatively under-explored.Around the globe, advocates increasingly resort to national, regional and international courts and bodies ‘strategically’ to protect and advance human rights.This book provides a framework for understanding SHRL and its contribution to various forms of personal, legal, social, political and cultural change, as well as the many tensions and challenges it gives rise to.It suggests a reframing of how we view the impact of SHRL in its multiple dimensions, both positive and negative.Five detailed case studies, drawn predominantly from the author’s own experience, explore litigation in a broad range of contexts (genocide in Guatemala; slavery in Niger; forced disappearance in Argentina; torture and detention in the ‘war on terror’; and Palestinian land rights) to reveal the complexity of the role of SHRL in the real world.Ultimately, this book considers how impact analysis might influence the development of more effective litigation strategies in the future.
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Is Germany a gynocentric justice system?
No, Germany is not considered a gynocentric justice system. While there have been efforts to address gender equality in the legal system, such as the introduction of gender quotas for corporate boards and political parties, the overall justice system is not solely focused on the needs and rights of women. Germany has laws and policies in place to protect the rights of all individuals, regardless of gender, and works towards a more balanced and fair justice system for everyone.
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Do you trust the German justice system?
As an AI, I do not have personal opinions or experiences, but the German justice system is generally considered to be fair and efficient. It is known for its independence, professionalism, and adherence to the rule of law. However, like any justice system, it is not without flaws, and there have been criticisms of certain aspects such as delays in court proceedings and disparities in sentencing. Overall, the German justice system is respected both domestically and internationally.
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Do we need a juvenile justice system?
Yes, we need a juvenile justice system because it is important to have a separate system that takes into account the unique needs and circumstances of young offenders. The juvenile justice system focuses on rehabilitation and providing support and guidance to help young people turn their lives around. It also recognizes that young people may not fully understand the consequences of their actions and may be more susceptible to influence and peer pressure. By having a separate system for juveniles, we can work towards addressing the root causes of their behavior and helping them become productive members of society.
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'What do you think of the jury system in the justice system?'
The jury system is an important component of the justice system as it allows for a fair and impartial trial by a defendant's peers. It provides a diverse perspective on the case and ensures that the decision is not solely in the hands of a judge or legal professionals. However, there are also criticisms of the jury system, such as the potential for bias or lack of expertise among jurors. Overall, the jury system plays a crucial role in upholding the principles of justice and fairness in the legal process.
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Tort Liability in Warfare : States' Wrongs and Civilians' Rights
In the turbulent arena of armed conflicts, Tort Liability in Warfare: States' Wrongs and Civilians' Rights emerges as a groundbreaking exploration of civilians' legal recourse against states for losses to life, bodily integrity, and property. With a fresh perspective informed by corrective justice, the law of war, and substantive rule of law principles, Haim Abraham constructs a novel framework for understanding the moral and legal obligation of states to civilians in the aftermath of combat, and proposes that existing domestic tort law could and should address wrongful losses in this context.This book boldly confronts the prevailing academic and legal orthodoxy which dismisses the application of tort law in times of war, and offers a framework that empowers individuals to vindicate their rights and acts as a bulwark against abuse of public power. By reviewing and analyzing the applicability of tort law to peacekeeping, urban warfare, counter-terrorism activities, and long-range warfare in Australia, Canada, England, Israel, and the United States, the book offers real world insights on how tort liability can serve as a mechanism for reparations and accountability. Tort Liability in Warfare is a clarion call for a shift in legal paradigms, urging a path towards effective remedies for civilians caught in the crossfire of nations at war.It is an essential read for legal scholars, practitioners, and anyone invested in the pursuit of justice in the complex landscape of armed conflict.This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence.
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America's Courts and the Criminal Justice System
Open this book and step into America's court system!With Neubauer and Fradella's best-selling text, you'll get an inside view of the experiences of a judge, a prosecutor, a defense attorney, and more.This fascinating and well-researched text gives you a realistic sense of being in the courthouse, enabling you to quickly grasp what it's like to work in and be a part of the American criminal justice system.The book's approach, which focuses on the courthouse "players," makes it easy to understand each person's important role in bringing a case through the court process.Throughout, the authors highlight not only the pivotal role of the criminal courts but also the court's importance and impact on society as a whole.
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What Is a Family Justice System For?
Does a justice system have a welfare function? If so, where does the boundary lie between justice and welfare, and where can the necessary resources and expertise be found?In a time of austerity, medical emergency, and limited public funding, this book explores the role of the family justice system and asks whether it has a function beyond decision-making in dispute resolution.Might a family justice system even help to prevent or minimise conflict as well as resolving dispute when it arises?The book is divided into 4 parts, with contributions from 22 legal scholars working across Europe, Australia, Argentina and Canada. - Part 1 looks at what constitutes a family justice system in different jurisdictions, and how a welfare element is included in the legal framework. - Part 2 looks at those engaged with a family justice system as professionals and users, and explores how far private ordering is encouraged in different countries. - Part 3 looks at new ways of working within a family justice system and raises the question of whether the move towards privatisation derives from the intrinsic value of individual autonomy and acceptance of responsibility in family disputes, or whether it is also a response to the increasing burden on the state of providing a welfare-minded family justice system. - Part 4 explores recent major changes of direction for the family justice systems of Australia, Argentina, Turkey, Spain, and Germany.
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Indictment : The Criminal Justice System on Trial
Based on first-hand interviews with survivors, people who have committed offences, and others on the frontlines, Indictment puts the Canadian criminal justice system on trial and proposes a bold new vision of transformative justice. #MeToo. Black Lives Matter. Decriminalize Drugs. No More Stolen Sisters. Stop Stranger Attacks. Do we need more cops or to defund the police? Harm reduction or treatment? Tougher sentences or prison abolition? The debate about Canada’s criminal justice system has rarely been so polarized – or so in need of fresh ideas. Indictment brings the heartrending and captivating stories of survivors and people who have committed offences to the forefront to help us understand why the criminal justice system is facing such an existential crisis. Benjamin Perrin draws on his expertise as a lawyer, former top criminal justice advisor to the prime minister, and law clerk at the Supreme Court of Canada to investigate the criminal justice system itself.Indictment critiques the system from a trauma-informed perspective, examining its treatment of victims of crime, Indigenous people and Black Canadians, people with substance use and mental health disorders, and people experiencing homelessness, poverty, and unemployment. Perrin also shares insights from others on the frontlines, including prosecutors and defence lawyers, police chiefs, Indigenous leaders, victim support workers, corrections officers, public health experts, gang outreach workers, prisoner and victims’ rights advocates, criminologists, psychologists, and leading trauma experts.Bringing forward the voices of marginalized people, along with their stories of survival and resilience, Indictment shows that a better way is possible.
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What happens if the German justice system fails and vigilante justice occurs?
If the German justice system fails and vigilante justice occurs, it can lead to chaos and an erosion of the rule of law. Vigilante justice is often based on emotions and personal biases, which can result in unfair and disproportionate punishments. It can also create a cycle of violence and retaliation, further destabilizing society. Ultimately, vigilante justice undermines the principles of justice, equality, and due process that are essential for a functioning and peaceful society.
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What happens when the German justice system fails and vigilante justice occurs?
When the German justice system fails and vigilante justice occurs, it can lead to chaos and a breakdown of societal order. Vigilante justice often results in individuals taking the law into their own hands, which can lead to violence, revenge attacks, and further escalation of conflicts. This can create a cycle of retaliation and undermine the rule of law. Additionally, vigilante actions can result in innocent people being targeted or harmed, as individuals may act based on emotions rather than evidence or due process.
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Why has our justice system become so ridiculous?
There are several reasons why our justice system has become so ridiculous. One reason is the overcriminalization of behavior, which has led to an excessive number of laws and regulations that are difficult to enforce consistently. Additionally, there is a lack of resources and funding for the justice system, leading to overcrowded courts and lengthy delays in resolving cases. Furthermore, there is a lack of accountability for prosecutors and law enforcement, leading to potential abuses of power. Finally, systemic issues such as racial and socioeconomic disparities also contribute to the perceived ridiculousness of the justice system.
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How can the German justice system be reformed?
The German justice system can be reformed by implementing measures to improve efficiency and reduce backlogs in the courts. This could include increasing the number of judges and court staff, as well as investing in technology to streamline processes. Additionally, there could be a focus on alternative dispute resolution methods, such as mediation, to alleviate the burden on the courts. Furthermore, efforts to increase diversity and representation within the legal profession could help to ensure fair and equitable outcomes for all individuals.
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