ACCESS TO JUSTICE - SOCIAL AND HISTORICAL CONTEXT (FROM ACCESS TO JUSTICE, VOL 2, 1978, BY M CAPPELLETTI AND J WEISNER - SEE NCJ-61157)

• NCJ Number: 61158
• Author(s): L M FRIEDMAN
• Date Published: 1978
• Length: 34 pages
• Corporate Author: Sijthoff and Noordhoff
• Publication Format: Document
• Publication Type: Historical Overview
• Language: English
• Country: Netherlands

Annotation

HISTORICAL AND SOCIAL ASPECTS OF THE MOVEMENT TO IMPROVE ACCESS TO JUSTICE ARE EXAMINED AND CONCLUSIONS AND COMMENTS ON THE TRANSFERABILITY OF LEGAL REFORM PRESENTED.

Abstract

JUSTICE MAY BE DENIED TO CERTAIN GROUPS DUE TO COST, COMPLEXITY, UNFAMILIARITY TO CERTAIN GROUPS, OR SLOWNESS. THOSE AFFECTED ARE LIKELY TO BE POOR, THE DISADVANTAGED, SOME RACIAL OR ETHNIC GROUP, OR SOME DIFFUSE GROUP SUCH AS THE GENERAL CONSUMER. REFORM MAY INCLUDE PROVIDING INFORMATION TO THE PUBLIC, CHANGING THE STRUCTURE OF THE LEGAL PROCESS, PROVIDING SPECIAL HELP TO THE POOR, OR COMBINING PROCEDURAL, SERVICE, AND MORE BASIC SOCIETAL REFORM. BEFORE THE PAST CENTURY, LAW WAS HIERARCHICAL, SPLIT INTO MANY LOCAL DIALECTS, AND VARIED ACCORDING TO SOCIAL CLASS. IN CONTRAST, MODERN LAW IS BASED IN THE IDEA OF A SINGLE, RATIONAL BODY OF LAW. THE HISTORY OF COUNTY AND SMALL CLAIMS COURTS ILLUSTRATES THE INTEGRATION OF THE COURT SYSTEM WITH THE NEEDS AND CONCEPTS OF THE ECONOMIC SYSTEM. EARLY JUSTICE REFORM OPERATED MAINLY FOR THE BENEFIT OF BUSINESS AND PROFESSIONAL INTERESTS. IN THE MODERN WELFARE STATE, CONFLICTS BETWEEN EFFICIENCY AND INDIVIDUALIZED JUSTICE HAVE PRODUCED REFORM EFFORTS AIMED ON THE ONE HAND AT INDIVIDUALIZATION OF CLAIMS THROUGH SUCH PROGRAMS AS INFORMAL COURTS, AND ON THE OTHER HAND AT ROUTINIZATION OF CLAIMS TO MAXIMIZE EFFICIENCY THROUGH SUCH PROGRAMS AS NO FAULT INSURANCE AND WORKMEN'S COMPENSATION. THE TWO APPROACHES ARE MUTUALLY INCONSISTENT BUT MAY BE EQUALLY IMPORTANT. ALTHOUGH INDIVIDUAL SOCIETIES HAVE DISTINCTIVE LEGAL CULTURES, SOME PARTS OF LEGAL SYSTEMS ARE TRANSFERABLE TO OTHER CULTURES. SIMPLE AND GENERAL INSTITUTIONS ARE MOST EASILY TRANSFERRED, IF NOT TECHNICALLY TIED TO PARTICULAR POLITICAL OR ECONOMIC STRUCTURES. FOR ALL TYPES OF DISPUTES, GREATER ACCESS TO JUSTICE IS A WORTHY GOAL EXCEPT WHERE IT INFRINGES ON PERSONAL PRIVACY AND INTEGRITY. FOOTNOTES INCLUDING REFERENCES ARE INCLUDED. FOR RELATED STUDIES IN THIS AND RELATED VOLUMES, SEE NCJ-61157 AND 61159-61184. (CFW)