Suchergebnisse

The author examines, in some detail, the current operations of the Nova Scotia Small Claims Court to determine whether the court, established forty years ago, is still fulfilling its legislative mandates of providing ready access to speedy, informal and inexpensive justice. After reviewing historical attempts by the legal system to provide an effective mechanism to adjudicate minor disputes, and the various factors that eventually resulted in the creation of the present court in 1980, the author identifies a number of other factors that historically had a negative impact on the operation of the court. Many of these, involving court jurisdiction, and court procedures, as well as declining court cases, are, the author suggests, still affecting current court operations. However, lack of necessary accurate, empirical data, makes it difficult to prove these suspicions. The author therefore argues for a new and thorough review and assessment of the operations of the present court in order to reveal the true situation. L'auteur examine en détail les activités actuelles de la Cour des petites créances de la Nouvelle-Écosse afin de déterminer si cette Cour, créée il y a quarante ans, remplit toujours son mandat prévu par la loi, qui consiste à fournir un accès à la justice qui soit rapide, informel et peu coûteux. Après avoir passé en revue l'historique des tentatives du système de justice en vue de fournir un mécanisme efficace pour régler les litiges mineurs ainsi que les différents facteurs qui ont finalement abouti à la création de la Cour actuelle en 1980, l'auteur examine un certain nombre d'autres facteurs qui ont historiquement eu un impact négatif sur son fonctionnement. L'auteur soupçonne que nombre de ces facteurs, qui concernent la compétence et les procédures de la Cour, ont encore un impact négatif sur son fonctionnement actuel. Cependant, le manque de données empiriques précises nécessaires rend difficile la preuve de ces soupçons. L'auteur plaide donc en faveur d'un nouvel examen et d'une nouvelle évaluation approfondie du fonctionnement de la Cour actuelle afin de révéler la situation réelle. *This contribution has not been peer-reviewed. ×

"Machine learning and nonparametric function estimation procedures can be effectively used in forecasting. One important and current application is used to make forecasts of future dangerousness" to inform criminal justice decision. Examples include the decision to release an individual on parole, determination of the parole conditions, bail recommendations, and sentencing. Since the 1920s, "risk assessments" of various kinds have been used in parole hearings, but the current availability of large administrative data bases, inexpensive computing power, and developments in statistics and computer science have increased their accuracy and applicability. In this book, these developments are considered with particular emphasis on the statistical and computer science tools, under the rubric of supervised learning, that can dramatically improve these kinds of forecasts in criminal justice settings. The intended audience is researchers in the social sciences and data analysts in criminal justice agencies."--Publisher's website

Based on participatory observations of trials and extensive interviews with judges, this article examines the operation patterns of the civil justice process in China and explores the underlying reasons behind. It finds that, despite the reform efforts placing more responsibility on the litigants, the Chinese civil proceeding remains largely inquisitorial. The decline of out‐court investigation is evident, yet judges rely on a limited form of cross‐examination aimed to obtain oral testimony that can be used to justify a decision. This kind of judge‐initiated questioning becomes an inexpensive substitute for the previously labor‐intensive court investigation. The article further argues that the judges do not adjudicate based on whatever evidence presented by the litigation parties, a change mainly attributed to the institutional constraints to which the judges are subject. They respond to the incentives by handling cases efficiently with the minimum possibility of reversal and complaint. The article concludes by offering theoretical implications on the study of comparative legal process more generally.

The social benefit challenges under the Charter's equality guarantee offer insight into the Supreme Court of Canada's approach to claims for distributive justice. In most of these cases, the financial costs to government of rights recognition play a role in the analysis. A survey of the outcomes of these cases and the "dollars" at stake reveals a "follow the money" pattern. In all cases in which the claim that the government regime creates an inequality was successful, the cost to the public purse of finding in favour of the equality claimant was characterized by the Court as low or inexpensive. All those cases in which the public cost of recognition was regarded as significantly high have failed, although some inexpensive claims have also failed. The correlation suggests that a minimal budgetary impact is a necessary, albeit not sufficient, condition for a successful social benefit challenge. Conversely, the correlation indicates that a significant budgetary impact poses a serious, if not insurmountable, barrier to success. The social benefit equality cases have also been the occasion of the Court's elaboration of a doctrinal framework for factoring budgetary impacts into the adjudication of rights claims under the Charter. Much of the discussion in this regard has been on the question of at what stage of Charter analysis — the rights analysis, the section 1 analysis (and its subparts), and/or the remedy stage — the public cost of rights recognition should or should not be weighed against other factors. From an initial position of high principle — that governmental concerns about saving time and money should not trump rights — the jurisprudence has, over the past 30 years, reached a point at which the financial impact on government may play a significant role at all three stages of analysis, often curtailing a meaningful exploration of both the Charter values and the non-monetary regulatory concerns at stake. If the Charter equality guarantee is truly to be given substantive content, the n judges, lawyers and legal scholars need to work out a more coherent framework for taking account of budgetary impacts. an overview is provided of the sorts of considerations that need to be integrated into such a framework.

Advocates of alternative dispute resolution argue that informal, community‐based institutions are better placed to provide inexpensive, expedient and culturally appropriate forms of justice. In 1988, the Ugandan government extended judicial capacity to local councils (LCs) on similar grounds. Drawing on attempts by women in southwestern Uganda to use the LCs to adjudicate property disputes, this article investigates why popular justice has failed to protect the customary property rights of women. The gap between theory and practice arises out of misconceptions of community. The tendency to ascribe a morality and autonomy to local spaces obscures the ability of elites to use informal institutions for purposes of social control. In the light of women's attempts to escape the 'rule of persons' and to seek out arbiters whom they associate with the 'rule of law', it can be argued that the utility of the state to ordinary Ugandans should be reconsidered.

Litigation of contentious cases before the International Court of Justice has in some instances been a lengthy and comparatively expensive procedure. However, it is not necessarily the Court or its procedure that produces this situation, because governments parties to litigation sometimes feel it is important to retain a number of advocates to plead, and they agree on comparatively long periods for the preparation of written pleadings. Comparing this procedure with ad hoc arbitration before a referee and two arbitrators, the latter looks comparatively swift and inexpensive. However, there are as yet unused possibilities for the International Court to adjudicate cases on a basis comparable in time and expense to ad hoc arbitration. The use of the Court for what might be less important cases would also contribute to its institutional development.

The Criminal Justice System (CJS) is an inter-dependent multi-organizational justice sector comprising police, prosecution, courts, corrections and many other government agencies. These governmental institutions along with one private force in the shape of the defence lawyers; are primarily responsible for the administration of CJS. The imbalance among these institutions and separate working without meaningful coordination and cooperation to uphold justice are key elements for making CJS ineffective, inefficient, and expensive and even paralyzing it. An Appropriate balance among these institutions and joined up working to uphold justice are the key elements to make the CJS effective, efficient even inexpensive. No single organization can make the CJS effective and efficient. Synergy among the judiciary, prosecution, police and other inter-dependent agencies and authorities is necessary for making the CJS simpler, faster, cheaper and people-friendly. With the help of qualitative and analytical research methodology, this article explores the imbalances in the working of CJS and explains the need for joined working and alignment of the CJS as a way forward and practical solution for making CJS efficient, effective, simpler, faster, cheaper and people friendly.

The New Normal era during the covid-19 pandemic resulted in industry 4.0 business players having difficulty in dealing with dispute resolution due to financial problems and policy restrictions. The reformation of online dispute resolution media is needed due to the difficulty of mobility and the high cost cutting. Before the implementation, it is necessary to have concrete formula of an online dispute resolution concept because the legal basis in Indonesia is not yet qualified. This study aims to conceptualize the legal basis for online dispute resolution in the business world, which is currently not accommodated by the Indonesian laws. It also examines the development of an online dispute resolution model as a technical regulation applied to the industrial sector 4.0. This study uses legal normative research. The study approach uses an online dispute resolution conceptual system and alternative dispute resolution legislation. The results show that online dispute resolution is a new form of quick, inexpensive justice principle that can reform business law in the technology era. Several dispute resolution models can be developed online and used for implementing regulations, especially for dispute resolution media in the industrial sector 4.0.

How can states prevent armed groups from exploiting local governance gaps to (re)establish territorial control during transitions to national peace? We report results from an experimental evaluation of Colombia's ComunPaz program, a scalable, inexpensive intervention that sought to replace rebel governance by harnessing complementarities between state and communal authorities and by improving security and justice provision in areas once dominated by FARC, the country's largest rebel group. We find that ComunPaz enhanced the quality of local dispute resolution, increased citizens' trust in (some) state institutions, and strengthened coordination between state and communal authorities. It also appears to have reduced citizens' trust in, and reliance on, armed groups. The program did not, however, increase reliance on either state or communal authorities to resolve disputes, nor did it increase citizens' trust in communal institutions. We discuss the implications of our findings for peace-building and state-building in countries transitioning from civil war.

The African system of justice administration, as epitomised by traditional courts, is inclusive, democratic, open and welcoming to those who seek justice. In contrast to western value-inspired courts, which are intimidating, alienating, complicated, retributive, incarcerating and expensive, traditional courts seek to foster harmony, reconciliation, compensation to the aggrieved, easy and inexpensive access to justice, and the rehabilitation of the offender. It fosters a spirit of communalism, where the individual exists for the benefit of the greater community. Justice is fostered within the family, the clan, the neighbourhood, the village, the tribe and the nation. Traditional leadership is central to the organisation and governance of the community, from the lowest level to the highest. The Traditional Courts Bill, currently before the South African Parliament, needs to be redrafted to ensure that the African system of justice administration encapsulates all the values and features underpinning it. The jurisdiction of these courts will have to be extended to cover the whole of South Africa and be applicable to all citizens; in the same way as tenets of Roman Dutch law and English law are applied without discrimination.

Introduction: race and capitalist development -- The origin of racism: discursive and material practices -- The state's role in sustaining race-connected practices -- Capital restructuring and the transformation of race -- The slave mode of production -- An extensive regime of accumulation based on slave labor -- Reconstruction -- From slave to free black labor -- Development of the Birmingham regime -- Industrialization with inexpensive labor -- Noncompetitive labor segmentation and laissez-faire race relations -- Accommodating the racial order: the rise of institutionalized racism -- Scientific management and the growth of Black/White -- Competition -- The Growth of Corporate Power: The Emergence of Fordism -- The Great Depression and the Transformation of the Planter Regime -- The new deal and Blacks -- The southern shift of Fordism and entrepreneurial regimes.

The New Normal era during the covid-19 pandemic resulted in industry 4.0 business players having difficulty in dealing with dispute resolution due to financial problems and policy restrictions. The reformation of online dispute resolution media is needed due to the difficulty of mobility and the high cost cutting. Before the implementation, it is necessary to have concrete formula of an online dispute resolution concept because the legal basis in Indonesia is not yet qualified. This study aims to conceptualize the legal basis for online dispute resolution in the business world, which is currently not accommodated by the Indonesian laws. It also examines the development of an online dispute resolution model as a technical regulation applied to the industrial sector 4.0. This study uses legal normative research. The study approach uses an online dispute resolution conceptual system and alternative dispute resolution legislation. The results show that online dispute resolution is a new form of quick, inexpensive justice principle that can reform business law in the technology era. Several dispute resolution models can be developed online and used for implementing regulations, especially for dispute resolution media in the industrial sector 4.0.Era New Normal di masa pandemi covid-19 mengakibatkan para pelaku usaha industri 4.0 mengalami kesulitan dalam menangani penyelesaian sengketa karena masalah keuangan dan pembatasan kebijakan. Reformasi media penyelesaian sengketa secara online perlu dilakukan untuk mengatasi kendala sulitnya mobilitas dan pemotongan biaya tinggi. Sebelum dilaksanakan, terlebih dahulu perlu ada rumusan konkrit konsep penyelesaian sengketa secara online karena landasan hukum di Indonesia belum memenuhi syarat. Tujuan dari penelitian ini adalah untuk mengkonseptualisasikan dasar hukum penyelesaian sengketa online di dunia bisnis yang saat ini tidak diakomodir oleh undang-undang Indonesia. Selain itu juga mengkaji pengembangan model penyelesaian sengketa online sebagai regulasi teknis yang dapat ...