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Journal articles on the topic 'Formal Justice Systems'
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Ahmad, Jawad, and Georg Von Wangenheim. "Access to justice: An evaluation of the informal justice systems." Liberal Arts and Social Sciences International Journal (LASSIJ) 5, no. 1 (2021): 228–44. http://dx.doi.org/10.47264/idea.lassij/5.1.16.
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The judicial system of any state can be divided as formal and informal, where the formal is under the state (official) and informal may or may not be under the domain of the state (informal justice system). Since both systems provide access to justice, however, the informal system is viewed as a threat to formal justice system. In this context we need to better understand the role played by informal justices system. We have focused on three fundamental issues, first to evaluate the role of the alternate and informal justice system to improve access to justice. Second, we listed weaknesses in informal justice systems that gives us an insight into our third goal of suggesting a framework for engaging informal justice system and improved on its shortcomings which can be helpful in supporting or reducing the burden on the formal system. Because of the absence of relevant literature, we resorted to empirical reports and case studies on other developing countries’ to present our arguments. We showed that informal system is playing a positive role in the society and there is a need to reform the system especially for its negative traits, e.g., human rights.
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Wourji, Tsehai Wada. "Coexistence between the Formal and Informal Justice Systems in Ethiopia: Challenges and Prospects." African Journal of Legal Studies 5, no. 3 (2012): 269–93. http://dx.doi.org/10.1163/17087384-12342012.
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Abstract Though Ethiopia has never been colonized, the voluntary importation of European laws and the exercise in nation building has resulted in a situation whereby the formal and informal legal systems have to coexist in harmony or disharmony. Both systems are extant, though the future appears to be favourable for the prevalence of the formal system. This article argues that the informal system is showing signs of irrelevance and may be prevailed by the formal. It also counsels that the formal system should be helped to cleanse itself from the many shortcomings that are challenging its relevance and legitimacy.
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Rodríguez-Izquierdo Serrano, Miryam. "La posición de las sentencias del tribunal de justicia de la Unión Europea en el sistema constitucional de fuentes." Teoría y Realidad Constitucional, no. 39 (January 1, 2017): 483. http://dx.doi.org/10.5944/trc.39.2017.19163.
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Este artículo propone un análisis sistemático de la posición de las sentencias del Tribunal de Justicia en el sistema constitucional de fuentes. El análisis parte de dos premisas: la primera es la de que los órdenes normativos supranacional y estatal tienen autonomía formal, pero no material; la segunda es que la integración del Derecho de la Unión en el ordenamiento estatal no puede explicarse sin la jurisprudencia del Tribunal de Justicia. Se describen los efectos de las sentencias del juez europeo en el orden supranacional, para luego ver cómo se transfieren al sistema de fuentes estatal, teniendo en cuenta la función integradora de la Constitución tanto en el plano interior como en el exterior.This article is a review of the different kind of rulings made by the European Court of Justice, in order to find their function and position in the Spanish Law system. The analysis is made under two assumptions: the first one about the formal autonomy but material dependency between EU and Spanish law systems; the second one is that the European Court of Justice case law rules over the interaction between both systems. Formal and substantive effects of ECJ rulings over both systems are described and analysed, considering the integrating role of the Spanish Constitution.
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Reinke, Amanda J. "Applied Anthropology in Juridical Grey Spaces." Anthropology in Action 26, no. 2 (2019): 1–8. http://dx.doi.org/10.3167/aia.2019.260201.
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Informal justice refers to those legal practices that are traditionally outside the purview of formal law and legal systems. Since the advent of widespread social critique in the United States during the 1960s and 1970s, informal justice models have become increasingly popular and implemented in communities and within the legal system itself. The existence of informal justice mechanisms alongside and within formal justice systems in the US raises a number of questions for applied anthropologists interested in legal anthropology. In this article, I leverage four years of ethnographic fieldwork in the US to argue for the capacity of applied anthropologists to effectively work in grey juridical spaces that are beside and between the law, activism, and emerging bureaucratic regimes.
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Lee, Julak. "Formal Approaches in Controlling White Collar Crime: The Criminal Justice System and the Regulatory System." Journal of Public Administration and Governance 4, no. 4 (2015): 76. http://dx.doi.org/10.5296/jpag.v5i4.8604.
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Unlike ordinary street crime, there are two formal systems of controlling white-collar crime. These systems are the criminal justice system and the regulatory system. The criminal justice system controls white-collar crime by using criminal law whereas the regulatory system depends mainly on administrative law and uses various ways such as financial penalties, product recalls, and warnings to control white-collar crime. In this paper two formal justice systems of white collar crime have been discussed. Although the criminal justice system, which is the traditional means to control white-collar crime, can be a strong way to control white-collar crime, it has some limitations. That is, the criminal justice system is difficult to apply to the corporate world and it is the reactive response against white collar crime. In contrast, although the regulatory system is the weak way to control white-collar crime, it has some strength. That is, the regulatory system is a proactive response against white collar crime and it can apply to the corporate as well as natural persons. The characteristics of the regulatory system make it better equipped to situational crime prevention theory compared to the criminal justice system.
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de Souza, Siddharth Peter. "Evaluating ‘Access to Justice’ in Informal Justice Systems: A Suggestive Framework." Max Planck Yearbook of United Nations Law Online 19, no. 1 (2016): 469–504. http://dx.doi.org/10.1163/18757413-00190016.
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Establishing human rights benchmarks for a rigorous engagement with informal justice systems and plural legal orders has become a significant concern for the United Nations. Through resolutions of the General Assembly, attention has been drawn to ensuring that legal systems reflect cultural diversity and within the domain, especially of indigenous peoples’ rights, importance has been placed on securing and recognizing these distinct legal, socio-political, and cultural institutions because of their role as viable, accessible, affordable, and culturally relevant forms of dispute resolution. The UN Human Rights Committee has also observed that there should be interaction and reconciliation between formal and informal justice systems. This determination to engage with informal justice systems has also extended to the work of UN agencies such as UNDP, UN Women, and UNICEF who recognize that rule of law promotion must be responsive to the realities of countries where reform is to be undertaken, and should be carried out by focusing on developing bottom up approaches to reform. This paper responds to the increasing engagement with informal justice systems and a global audit culture by proposing a framework for evaluation that is reflective of these realities.
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Cugueró-Escofet, Natalia, and JosepMaria Rosanas. "Justice as a Crucial Formal and Informal Element of Management Control Systems." Ramon Llull Journal of Applied Ethics 3, no. 3 (2012): 155. http://dx.doi.org/10.4103/2013-8393.107307.
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Chui, Celia W. S., and Manuel Grieder. ""How formal justice systems and gender influence transgression, reporting, and helping behaviors"." Academy of Management Proceedings 2015, no. 1 (2015): 15840. http://dx.doi.org/10.5465/ambpp.2015.15840abstract.
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Haq, Md Nazmul, Jannatul Ferdous, and Rajib Chandra Das. "Effectiveness of Arbitration as an Alternative Dispute Resolution in Bangladesh." Journal of Governance and Social Policy 2, no. 1 (2021): 15–40. http://dx.doi.org/10.24815/gaspol.v2i1.20876.
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The structured legal system of Bangladesh is costly and takes a long time to complete. As a result, poor citizens in rural areas can seldom seek justice through the formal judicial process. The costs of hiring a lawyer, the time and money expended in court, and the amount of talent, schooling, and experience needed to litigate all act as roadblocks to justice. As a result, poor people prefer or have no choice but to use conventional justice systems such as Shalish. However, Shalish is a very informal type of local judicial practice that heavily influences rural society’s power structure. With time, people with special interests and musclemen dominate the informal justice system at the village level. Alternative dispute resolution (ADR) had arisen in the Indian subcontinent to improve the village justice system's condition. For the past 35 years, the state-led rural justice system, such as Shalish and village court, has played an essential role in resolving petty rural litigation, but at a sluggish and informal pace. In the evolving landscape of rustic political influence, this age-old court is having difficulty dispensing justice to the countryside citizens. The study looked at the existing rural informal justice systems in Bangladesh, especially the Union Parishad-led ADR, and argued that, if adequately enabled and revamped, this justice system could be a desirable alternative to the formal system of justice for people living in rural areas. The study aimed to recognize the obstacles that the Union Parishad faces in dispensing justice, both directly and indirectly (UP).
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Mahmood, Tahir, Sajjad Ali Khan, and Shahab Sarwar. "Integrated Justice in Pakistan: From Legal Pluralism to Normative Convergence." Lex localis - Journal of Local Self-Government 16, no. 4 (2018): 805–20. http://dx.doi.org/10.4335/16.4.805-820(2018).
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Legal pluralism, throughout most of developing countries, has been extant since the onset of colonial era. Manifested in a variety of forms, legal pluralism is inherently characterized by both promises as well as limitations. In Pakistan, legal pluralism is epitomized by the prevalence and functioning of parallel systems of justice such as formal courts and Alternate Dispute Resolution Mechanism (ADRM), such as “Jirga. Poor coordination and tenuous enforcement mechanisms, however, render the formal justice system in Pakistan one of poorest performers in terms of judicial efficacy world-wide. This article seeks to explore the possibility of a convergence between traditional and modern models of dispute resolution, i.e. Jirga and court system and the resultant efficacy thereof through devising a conceptual framework. The framework reveals that both formal courts and Jirga demonstrate marked discrepancies concerning their efficacy with respect to the provision of justice and dispute resolution. Findings from the field, however, evince that Jirga stand out to be a relatively more effective mechanism of dispute resolution than formal courts. The conceptual framework, however, implies that by converging both systems it is possible to cope with the limitations of each of the two systems such that while courts could provide legal legitimacy to the Jirga by improving its decency and accountability through regulations, Jirga could enhance the legitimacy of courts by improving its accessibility and transparency through feedback mechanisms. The article concludes by way of arguing that instead of parting ways with each other, both courts and jirga shall seek to go hand in hand in order avoid delays in the provision of justice.
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Mollah, Md Al-Ifran. "Administration of State Sponsored Local Justice System: An Appraisal on the Legal Framework of Village Courts in Bangladesh." International Journal of Legal Information 44, no. 3 (2016): 235–40. http://dx.doi.org/10.1017/jli.2016.36.
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AbstractAccess to justice is one of the significant pre-requisites for sustainable human development and it has been made available in the form of both the formal and informal systems stretching from the very top of the judiciary to the local justice system in Bangladesh. The formal justice system, even though it plays the most pivotal role, has been facing huge pressure from case backlogs, which ultimately hampers the true spirit of justice. On the other hand, most people's perception towards informal justice system is also fairly poor with lack of trust due to partisan political interference, corruption, religious dogmas, and social elitism, which have made this system almost ineffective. Consequently, state-sponsored local justice system has come forward with a view to combining the both streams in a single channel in the form of restorative justice and a quorum of quasi-formal justice system aimed at ensuring and dispensing justice to the people in rural areas in an affordable and convenient manner. In line with this view, village courts have been established to redress petty civil and criminal issues. This article attempts to examine the feasibility of the present legal framework of village courts to deliver justice efficiently at the grassroots level.
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Byrne, Ben, and Stephen Case. "Towards a positive youth justice." Safer Communities 15, no. 2 (2016): 69–81. http://dx.doi.org/10.1108/sc-11-2015-0036.
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Purpose – The purpose of this paper is to consider and explore the principles that should inform a positive and progressive approach to conceptualising and delivering youth justice. Design/methodology/approach – Critical literature review, incorporating primary research and evaluation conducted by the authors. Findings – A children first model of positive youth justice should cohere around the promotion of four key principles: children’s rights and adults’ responsibilities; desistance and inclusion; diversion and systems management; relationship-based partnerships between children and practitioners. Practical implications – The child-friendly, child-appropriate and legitimacy-focused nature of the Children first, offender second (CFOS) model can encourage diversion from formal system contact, can enhance levels of participation and engagement with formal youth justice interventions and promotes positive behaviours and outcomes for children in trouble. Originality/value – The principles outlined progress youth justice into positive forms antithetical to the negative elements of the “new youth justice” and will have relevance to other jurisdictions, rooted as they are in universality, child development and children’s rights.
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Reinke, Amanda J. "The Bureaucratic Violence of Alternative Justice." Conflict and Society 4, no. 1 (2018): 135–50. http://dx.doi.org/10.3167/arcs.2018.040111.
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Alternative justice—conflict resolution outside formal law—seeks to alleviate pervasive social issues, such as the school-to-prison pipeline. Alternative justice practitioners increasingly seek to transform the legal system and the violence it perpetuates from within by implementing programs and processes in collaboration with formal law and legal actors. However, this collaborative approach requires practitioners to create bureaucratic processes and procedures such as memoranda of understanding, complex filing systems, and data tracking. Multisited ethnographic research in the United States (2014–2017) reveals that there is little consensus among these practitioners as to whether this bureaucratization will benefit or harm their work. The bureaucracy of processing case work, implementing standardized procedures, extending training requirements, and cost barriers are viewed positively insofar as they gain legitimacy for the field. Is bureaucratization necessary to achieve legitimacy, or does it restrict practitioners’ ability to fulfill client needs and the principles of their justice paradigm?
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Wahome, Mary, and Daniel Ng’ang’a. "THE EFFECTS OF COLONIALISM ON INDIGENOUS CONFLICT RESOLUTION SYSTEMS AMONG POKOT AND TURKANA COMMUNITIES." Chemchemi International Journal of Humanities and Social Sciences 11, no. 1 (2020): 1–11. http://dx.doi.org/10.33886/cijhs.v11i1.137.
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Colonialism impacted local cultures far beyond their infrastructure, government and geography. In addition to eroding indigenous power structures, the structural violence inflicted during colonialism left native populations with lasting self-doubt and rejection of traditional practices. Among these rejected traditions were informal processes and mechanisms of resolving conflicts. Conflict resolution methods in different cultures often vary greatly in underlying values and perceptions. Western judicial systems reflect individualistic, high uncertainty-avoidant, low-context tendencies, while indigenous conflict resolution methods reflect collectivistic, minimal uncertainty-avoidant and high-context tendencies. Research into the current state of formal courts and informal justice forums in Pokot and Turkana Counties provides case study-based evidence arguing that the transition from restorative justice (Lapai) ffered by indigenous justice mechanisms to retributive justice catalyzed by colonialism has effectively weakened both the Turkana and Pokot systems of justice. Due to impacted value systems, neither the restorative, socialharmony focus of traditional processes, nor the retributive, compensatory justice focus of the formal judicial system make the available forums wholly appropriate or adequate resources. This has left the two communities torn between two distinct choices - the western and indigenous approaches to conflict management. The main objective of this research was to investigate the effects of colonialism on indigenous conflict management in Pokot and Turkana counties. These were both positive and negative effects. To achieve this objective the overarching question was;“how did colonialism affect the indigenous approaches to conflict management in Pokot and Turkana counties? The study was designed to apply qualitative research methods. Both structured and semi-structured interviews were conducted along the Turkana-Pokot borders. This paper proposes a hybrid model in conflict management, not only for the Pokot and Turkana pastoral communities, but also to other pastoral communities with similar set-ups.
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Ignatenko, Evgeniy A., Anzhelika I. Lyakhova, Elena F. Lukyanchikova, Irina V. Savelieva, and Galina V. Starodubova. "International Standards for the Safety of Persons Assisting in Criminal Justice." Cuestiones Políticas 37, no. 65 (2020): 74–81. http://dx.doi.org/10.46398/cuestpol.3865.05.
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The objective of the research was to analyze some international standards for the safety of people who attend criminal justice from different approaches and perspectives of analysis. Based on a meaningful analysis of the provisions of international and regional regulatory legal acts, the document presents approaches to the formation of standards to ensure the safety of persons who contribute to criminal justice. Methodologically, the work applied the provisions of dialectics, general, special and particular scientific methods. In the course of the study, scientific-historical, formal-legal, formal-logical, systemic and comparative methods were also used. It is concluded that the system of security measures for people who cooperate with criminal justice has significant differences in the different national criminal justice systems, which complicates international relations and cooperation in this area and does not allow the international community to advise effectively and comprehensively, while continuously generating challenges and threats.
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Bell, Monica C. "THE COMMUNITY IN CRIMINAL JUSTICE." Du Bois Review: Social Science Research on Race 16, no. 1 (2019): 197–220. http://dx.doi.org/10.1017/s1742058x1900016x.
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AbstractThis article sets forth four modalities of the relationship between members of marginalized communities and the criminal justice system: subordination, consumption, resistance, and transformation. These modalities attempt to break out of traditional ways of thinking about community members’ formal roles in the system—defendants, witnesses, victims, judges, prosecutors, police officers, correctional officers, and the indeterminate but oft-invoked “community.” Instead, these modalities are fluid and situational. This article also calls for new research, scholarship, and advocacy that takes seriously how members of communities that the criminal legal system most deeply and directly affects engage in these fluid and situational modalities. Attention to the complexity of “community” is essential to creating lasting change in social systems of blame and punishment.
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Prichard, Jeremy. "Net-Widening and the Diversion of Young People From Court: A Longitudinal Analysis With Implications for Restorative Justice." Australian & New Zealand Journal of Criminology 43, no. 1 (2010): 112–29. http://dx.doi.org/10.1375/acri.43.1.112.
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Internationally, many youth justice systems aim to divert young people from court through informal mechanisms, such as police cautions and restorative conferences. Among other things, diversion avoids the potentially criminogenic effects of formal contact with the criminal justice system. However, in some instances, the sum of court appearances and diversionary procedures indicates an overall increase in the numbers of young people having contact (formal or informal) with the criminal justice system — a phenomenon known as net-widening. This article summarises previous debates about the risks of net-widening. It then presents results from analysis of over 50,000 police records pertaining to young people's contact with the Tasmanian criminal justice system between 1991 and 2002. Across that decade, court appearances markedly reduced, while a corresponding increase in diversions was recorded. There was no evidence of net-widening. However, there was a significant increase in detention orders. Implications for policy and future research are considered.
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Cram, W. Alec, and Martin Wiener. "Perceptions of control legitimacy in information systems development." Information Technology & People 31, no. 3 (2018): 712–40. http://dx.doi.org/10.1108/itp-11-2016-0275.
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PurposeExisting studies of information systems development (ISD) control commonly examine controller-centric considerations, such as the antecedents and performance impacts of control mode choices. In contrast, little is known about the controllee-centric factors that may influence the effectiveness of control activities. Drawing on institutional theory, the purpose of this paper is to introduce the concept of control legitimacy to the ISD literature – a concept that past organizational research has linked to outcomes such as employee commitment and performance. Specifically, the authors explore how different dimensions of control activities (mode, degree, style) relate to controllee perceptions of control legitimacy in terms of justice, autonomy, group identification, and competence development.Design/methodology/approachInterviews were conducted with 20 practitioners across three companies. A structured data coding approach was employed and analysis was conducted within and across each case study.FindingsThe authors find that the control degree and control style can help explain control legitimacy perceptions better than control modes alone. For example, the results suggest that formal controls enacted in a bilateral style correspond with higher perceptions of justice and autonomy, when compared to formal controls enacted in a unilateral style.Originality/valueThe study results imply that ISD managers should be increasingly mindful of enacting controls in a way that is perceived to be legitimate by subordinates, thereby potentially enhancing both staff well-being and ISD performance.
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Brienen, Marion E. I., and Ernestine H. Hoegen. "Information Systems for Victims of Crime: Results of Comparative Research." International Review of Victimology 5, no. 2 (1998): 163–88. http://dx.doi.org/10.1177/026975809800500203.
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In 1994 Tilburg University in the Netherlands and the Dutch Ministry of Justice launched a four-year research project on the implementation of Recommendation R (85) 11 of the Council of Europe on the Position of the Victim in the Framework of Criminal Law and Procedure. Many of the guidelines encompassed by the Recommendation deal with information. In this article, which is based on interim results of the Dutch research, the focus is on the formal and actual implementation in several different countries of the guidelines concerning information that the criminal justice system should provide to the victim. Different information systems are compared and some of the problems encountered in practice are identified. Where possible, causes and solutions are suggested.
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Lu, Xiaojun, and Mary E. Guy. "Political skill, organizational justice, and career success in mainland China." International Review of Administrative Sciences 84, no. 2 (2016): 371–88. http://dx.doi.org/10.1177/0020852315619025.
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Organizational justice is a topic popularized for Western bureaucracies but there is less known about its influence in Eastern cultures. This research tests how organizational justice moderates the relationship between political skill and career success in the Chinese public sector. Analysis reveals that four dimensions of political skill (networking ability, apparent sincerity, social astuteness, and interpersonal influence) correlate positively with career success (measured as perceived internal marketability and perceived career success). Although hypothesized that organizational justice would lessen the influence of political skill on career success as a result of the implementation of formal merit-based pay rules, findings show that political skill is only partially moderated. While lessening the value of social astuteness, a positive relationship between interpersonal influence and internal marketability remains. Points for practitioners Profound changes in China’s salary system challenge traditional workplace customs. The implementation of merit-based pay requires a fair procedure for determining salary raises. In China, personalism remains a driving force because of the importance of guanxi. This affects how formal merit-based pay systems function in the East. Chinese culture tempers Western notions of organizational justice with its persistent reliance on political skill. This blend of worker behavior and career success, moderated by a conceptualization of organizational justice that embraces political skill, complicates the application of Western management systems in the East.
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Goldstein, Abraham S. "Converging Criminal Justice Systems: Guilty Pleas and the Public Interest." Israel Law Review 31, no. 1-3 (1997): 169–82. http://dx.doi.org/10.1017/s0021223700015272.
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It is becoming increasingly apparent to criminal justice scholars that single theory models of criminal procedure — whether termed inquisitorial or adversarial — are being stretched beyond their capacity by the phenomena they are designed to control. Virtually everywhere, formal systems of charge and adjudication cannot possibly be enforced in accordance with the premises underlying them. There are simply too many offenses, too many offenders and too few resources to deal with them all. One result has been a steady movement towards a convergence of legal systems — towards borrowing from others those institutions and practices that offer some hope of relief.In this transnational effort to cope with system overload, two issues have emerged as more than ordinarily significant: The first is the desirability of abandoning the principle of obligatory prosecution, so common in Continental Europe, and turning instead to the exercise of prosecutorial discretion. The second is the question whether the ban on guilty pleas and plea bargains should be lifted, as in adversarial systems.
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Manganaro, Lynne L., and Amy L. Poland. "For Better or Worse? Gender and Perceptions of Formal and Informal Justice Systems in Afghanistan." Women & Criminal Justice 22, no. 1 (2012): 2–29. http://dx.doi.org/10.1080/08974454.2012.636287.
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Karamzadeh, Amin, and Zahra Feiz. "Principles Governing a Fair Trial under Islamic Jurisprudence and International Law." International Journal of Multicultural and Multireligious Understanding 8, no. 2 (2021): 452. http://dx.doi.org/10.18415/ijmmu.v8i2.2359.
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A fair trial along with the preservation of human dignity is one of the most important features of Islamic judicial measurement and is a guarantee for individuals to enjoy the fundamental principles of human rights such as freedom and equality. The administration of judicial justice is not only possible due to the existence of substantive laws, but also its executive and formal methods have a prominent and important role in this field, which is also understood by the international judicial system today. However, the weakness of human thought in formulating comprehensive and efficient laws prevents the realization of justice and the achievement of a fair trial. The present article - with a descriptive-analytical method - deals with the formal and principled laws in a fair trial from the perspective of the Islamic judicial system and concludes that the Islamic judicial system includes principles that guarantee the rights of the accused to the highest degree and observe and include this Formal principles and rules in law are a step towards establishing justice in judicial proceedings; However, these laws have been approved and emphasized much earlier than other systems along with the preservation of human dignity in the Islamic judiciary.
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Gross, Michael A., Raymond Hogler, and Christine A. Henle. "Process, people, and conflict management in organizations." International Journal of Conflict Management 24, no. 1 (2013): 90–103. http://dx.doi.org/10.1108/10444061311296152.
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PurposeIn this viewpoint, the authors argue that the predominant method of analyzing conflict management focuses too heavily on the managerial interests in administrative efficiency and productivity rather than on the needs of individuals and organizations. The aim of this paper is to employ Weber's analysis of conflict systems, specifically the distinction between formal and substantive rationality, to support the authors’ view.Design/methodology/approachThis is a viewpoint, where content is dependent on the author's opinion and interpretation.FindingsConflict management based on Weber's theories of formal and substantive rationality will benefit organizations and society by promoting a more positive perception of corporate behavior.Research limitations/implicationsFuture research could examine the relationship between organizational justice and the more global concepts of formality and rationality. Similarly, future research on justice may be expanded by through the notion and perception of legitimacy by members of the organization. How employees accept a system as fair and just has potential import for future justice research.Practical implicationsThe combination of formal and substantive rationality offers a practical, and meaningful, way of dealing with conflict from a personal orientation as well as an organizational one. It orients conflict resolution toward people rather than productivity concerns. It further safeguards organizational interests by minimizing litigation, negative publicity, and other adverse effects of conflict.Originality/valueWeber theorized that formal rationality requires organizations to develop clear, objective, and universal procedures in order to carry out administrative routines. Substantive rationality, in contrast, acknowledges that specific cases may demand particularized decision‐making focusing on individual cases. The paper draws on the procedural justice literature to show how these procedures can be implemented in a fair manner.
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Lynch, Nessa. "Restorative Justice through a Children's Rights Lens." International Journal of Children's Rights 18, no. 2 (2010): 161–83. http://dx.doi.org/10.1163/157181810x12592206285646.
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AbstractRestorative justice is an alternative to the formal criminal justice system which focuses on repairing the harm caused to the victim of the offence, effecting reconciliation between victim and offender, and the re-integration of the offender. Its use is widespread in national youth justice systems. This article will analyse the use of restorative justice in connection with offending by children. It will be argued that despite evidence of endorsement by the Committee on the Rights of the Child, the fundamental concepts of restorative justice are at odds with a children's rights model of youth justice as required by international standards. Not only do similar concerns about due process rights exist for children as for the adult system, it is difficult to reconcile the best interests of the child standard with the victim focused approach of restorative justice, and there are doubts as to whether children have sufficient maturity for remorse and reintegration.
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Fryxell, Gerald E. "Perceptions of justice afforded by formal grievance systems as predictors of a belief in a just workplace." Journal of Business Ethics 11, no. 8 (1992): 635–47. http://dx.doi.org/10.1007/bf00872275.
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Syed, Shabib Haider, and Eatzaz Ahmed. "Poverty, Inequality, Political Instability and Property Crimes in Pakistan: A Time Series Analysis." Asian Journal of Law and Economics 4, no. 1-2 (2013): 1–28. http://dx.doi.org/10.1515/ajle-2012-0003.
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AbstractIn a formal econometric analysis of crime statistics in Pakistan, this paper estimates five systems of equations determining crime rates against property, conviction rates and police and justice input using time series annual data. The study finds substantial empirical support for the model of crime, punishment and deterrence based on economic theory. The main conclusion of the study is that in the fight against crime Pakistan needs to divert resources from the provision of legal justice through various deterrence measures, like a large police force, conviction and punishment, towards the provision of social justice in the form of the fight against poverty, inequality and unemployment and maintenance of political stability. Resources also need to be diverted from punishments to apprehension of criminals.
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Stefanovska, Vesna. "Police restorative approach in the juvenile justice system." Temida 13, no. 3 (2010): 41–55. http://dx.doi.org/10.2298/tem1003041s.
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Restorative justice is a new, different response to crime, response that offers and tries to establish justice again. Not going into aims, impact and basic principles of restorative justice, as well as into substance of different restorative practices, in this article we will concentrate on restorative interventions that lead to avoidance of the formal justice system. Concretely, we will analyze the role of the police in applying restorative interventions in the juvenile justice system. Particular emphasis will be put on the meaning and the aim of diversion procedures towards juvenile offenders that have committed minor offences and more serious ones for which they come in conflict with the law. In the foreign expert literature the concept of restorative policing is recognized (restorative approach in police conduct), as an attempt to introduce a new reform in performing police affairs. This subject should be approached very carefully and fundamentally, if we want consistent implementation of the new tendency and practices in the juvenile justice systems in accordance with the international standards.
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AKUFFO, KWAME. "EQUITY IN COLONIAL WEST AFRICA: A PARADIGM OF JURIDICAL DISLOCATION." Journal of African Law 50, no. 2 (2006): 132–44. http://dx.doi.org/10.1017/s002185530600012x.
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In English law, equity is assigned relatively benign and comfortable roles, functioning as a canon of interpretation of the common law; as its versatile and flexible help-mate and mitigator of its formal strictness. More than this, equity claims a moral justice or conscience function that is deeply embedded in legal culture. As a consequence, equity has been extremely successful in lubricating the machinery of English law, providing it with a ready means of change to meet the needs of the dominant actors within society. This justice function is, however, contradicted by equity's history and its practical functioning, particularly, within the British colonial experience. This article examines the effect of the imposition of English equity on the prevailing customary law systems in colonial West Africa. The analysis challenges the fundamental claim of equity to a moral justice function within the colonial regime and argues that equity served the imperial objective as an instrument for fragmenting and dislocating indigenous property systems in order to facilitate the installation of capitalist property forms.
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Ng'etich, Raphael. "Rejected Stone May Be the Cornerstone." Strathmore Law Review 1, no. 2 (2016): 141–67. http://dx.doi.org/10.52907/slr.v1i2.80.
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The resolution of community land disputes is not catered for adequately in Kenyan policy, law and practice. The Traditional Justice Systems (hereinafter TJS) initially used by communities were phased out with the introduction of laws based on western models of ownership. They were and are still viewed as retrogressive and backward. However, the formal systems introduced do not afford access to justice for all due to the complex procedures and high costs. This is the case even while TJS remain the most appropriate forum for resolving community land disputes. Their informal and community inclusive nature as well as resolution of disputes in the pursuit of restorative justice provide the best forum for resolution of community land disputes. This is owing to the fact that community land ownership is characterized by a web of interests and relationships where land rights are held by different individuals and groups with diverse interests. These relationships, therefore, need to be preserved for the communities to live harmoniously. TJS practices in Ghana and South Sudan are briefly examined in seeking to establish these aspects.
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Sandro Gomes Pessoa, Alex, Linda Liebenberg, Dorothy Bottrell, and Silvia Helena Koller. "Restructuring Educational Systems and Promoting Social Justice for Young People Involved in Drug Trafficking in Brazil." Zeitschrift für Psychologie 227, no. 2 (2019): 139–43. http://dx.doi.org/10.1027/2151-2604/a000366.
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Abstract. Economic changes in the context of globalization have left adolescents from Latin American contexts with few opportunities to make satisfactory transitions into adulthood. Recent studies indicate that there is a protracted period between the end of schooling and entering into formal working activities. While in this “limbo,” illicit activities, such as drug trafficking may emerge as an alternative for young people to ensure their social participation. This article aims to deepen the understanding of Brazilian youth’s involvement in drug trafficking and its intersection with their schooling, work, and aspirations, connecting with Sustainable Development Goals (SDGs) 4 and 16 as proposed in the 2030 Agenda for Sustainable Development adopted by the United Nations in 2015 .
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Bwire, Buluma. "Integration of African Customary Legal Concepts into Modern Law: Restorative Justice: A Kenyan Example." Societies 9, no. 1 (2019): 17. http://dx.doi.org/10.3390/soc9010017.
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African societies have been governed according to known norms, customs, and practices that together constitute African customary law. These societies have placed emphasis on communal as opposed to individual identity, and this has extended to their justice systems. African customary law therefore has placed emphasis on the concept of restorative justice based on the understanding of restoring the societal balance that has been disrupted by crime. This has fostered offender accountability, reparation to the victim, and full participation by the affected community members. This essay examines the resurgence of African legal philosophy and its subsequent integration into modern African formal legal systems. In particular, it interrogates the recent Kenyan example of integrating traditional dispute resolution mechanisms as one of the guiding principles for the exercise of judicial authority by Kenyan courts under the 2010 Constitution. It argues for the development of structures to properly utilize such mechanisms within the Kenyan context.
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Mendes, Philip, and Susan Baidawi. "Pathways Into Youth Justice: Strengthening Policy and Program Supports for Young People in the Youth Justice System Who Are Transitioning From Out-of-Home Care." Children Australia 37, no. 1 (2012): 10–22. http://dx.doi.org/10.1017/cha.2012.3.
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Local and international research suggests an overrepresentation of young people leaving state out-of-home care in the youth justice system. A range of factors appear to contribute to this correlation including child abuse and neglect, placement instability, experiences of residential care, and unsupported transitions from care. This article presents the findings of a Victorian pilot study conducted in partnership with Whitelion, a not-for-profit organisation specifically offering support to ‘young people involved with or at risk of involvement with the youth justice and/or out-of-home care and leaving care services’ (Whitelion, 2012), to examine the interrelationship between the child protection and youth justice systems, and particularly to explore the processes that take place when young people involved in the youth justice system leave state care. A series of interviews and focus groups with Whitelion workers were used to explore whether leaving care plans and policies address and minimise involvement with youth justice; the role, if any, of formal consultations by child protection services with youth justice regarding this group of care leavers; and the ongoing role of youth justice postcare, particularly when young people are in custody at the time of their exit from care. Some significant implications for policy and practice are identified.
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PELC, KRZYSZTOF J. "The Politics of Precedent in International Law: A Social Network Application." American Political Science Review 108, no. 3 (2014): 547–64. http://dx.doi.org/10.1017/s0003055414000276.
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The concept of precedent is fundamental to domestic courts, especially in Anglo-American common law systems, where judges are bound to the court’s past decisions. By contrast, precedent has no formal authority in international law. Legal scholars point to Article 59 of the International Court of Justice (ICJ) Statute in this respect, according to which international legal rulings are binding only on the parties in the dispute at hand, and have no bearing on matters outside of the case.
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Hassan, Dr Abida, and Dr Dil Muhammad Malik. "Ancient Dispute Resolution through Informal Processes: ADR." Journal of Law & Social Studies 2, no. 2 (2020): 73–77. http://dx.doi.org/10.52279/jlss.02.02.7377.
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The research article discusses the historical study for settlement of disputes under the umbrella of legal systems (formal and informal) prevailing in different civilizations and in various times. This research is briefly discussing the historical aspects of various legal systems in ancient times. This research highlights that human civilizations promoted both methods, but the most popular method was informal dispute resolution (ADR) in all over the world which still is needed and being popular day by day. From study, it has been founded that informal dispute resolution (ADR) has been the choice of people and they preferred to opt this process rather to go for litigation. The research has shown the benefits and importance of settlement of disputes through informal justice system. The study high lights that the system has been working very successfully in ancient times, therefore, this pre-tested process i.e., informal dispute resolution is more sustainable in any form than the formal system because it reflects amicable practices.
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Schissel, Bernard. "Ill Health and Discrimination: The Double Jeopardy for Youth in Punitive Justice Systems." International Journal of Child, Youth and Family Studies 1, no. 2 (2010): 157. http://dx.doi.org/10.18357/ijcyfs122010673.
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<span style="font-size: 12pt; font-family: ";Times New Roman";,";serif";; mso-ansi-language: EN-US; mso-fareast-font-family: 'Times New Roman'; mso-fareast-language: EN-US; mso-bidi-language: AR-SA;" lang="EN-US">The author argues that<span style="color: black;"> despite the rhetoric of Canada’s youth justice system framework, there is a striking lack of funding for, or commitment to, alternatives to formal justice when dealing with marginalized young people. One consequence of this is an epidemic of ill health, both physical and emotional, among at-risk youth. It is this reality, not criminality, that is the defining characteristic of this vulnerable population. To underline this point, the author presents his research on marginalized Aboriginal youth, and notes that the public perception of young people in conflict with the legal system is defined by fear and hostility rather than sympathy. He also discusses examples of micro-communities that understand the epidemic of ill health plaguing marginalized youth and that provide an antidote to the condemnation of children and youth in the larger society. </span></span><span style="font-size: 12pt; color: black; font-family: ";Times New Roman";,";serif";; mso-ansi-language: EN-GB; mso-fareast-font-family: 'Times New Roman'; mso-fareast-language: EN-US; mso-bidi-language: AR-SA;" lang="EN-GB">He notes that for children and youth, involvement with the law is a profound individual and collective health risk and argues against conservative law and order politics. He emphasizes the importance of research driven intervention, crime prevention and alternatives to the criminal justice system. </span>
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Fitzpatrick, Claire. "What do we know about girls in the care and criminal justice systems?" Safer Communities 16, no. 3 (2017): 134–43. http://dx.doi.org/10.1108/sc-03-2017-0011.
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Purpose The purpose of this paper is to highlight the neglect of girls in care who come into conflict with the law, arguing that a gender-neutral approach in this area risks further marginalising an already vulnerable population. Design/methodology/approach A critical review of the literature and current policy climate is undertaken to explore what is known about the experiences of females in the justice system, as well as knowledge gaps. Findings Evidence on the prevalence and nature of offending by girls in care is limited. However, as looked after children, girls may be more likely to have their own behaviour unnecessarily criminalised. Whilst females and males share some prior experiences of victimisation and trauma, girls also have distinct needs and may be assessed and managed by state care and control systems in very different ways. Research limitations/implications The paper is not based on primary research and does not present a systematic review of the literature. Practical implications The need to listen to girls and young women, and a far greater recognition of backgrounds of trauma must underpin future policy and practice. Diversion from the formal criminal justice system wherever possible is also a key goal to aspire to. Originality/value This paper focuses on the specific experiences of females. It calls for a gender-sensitive, trauma-informed approach to working with girls and women from the care system who come into conflict with the law, and questions the value of criminalising those whom the state previously deemed to be in need of welfare and support.
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Pontell, Henry N., and Wayne N. Welsh. "Incarceration as a Deviant Form of Social Control: Jail Overcrowding in California." Crime & Delinquency 40, no. 1 (1994): 18–36. http://dx.doi.org/10.1177/0011128794040001002.
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Court orders against those who administer jails provide an opportunity to examine a major irony of formal social control: the justice system sanctioning itself for not punishing violators within the boundaries of the law. This study examines the problem of jail overcrowding in California, and the conditions which have led to county jail systems being declared in violation of Constitutional provisions. The authors analyze alleged violations, the extent of court-ordered relief, and the various mechanisms by which counties have attempted to comply with court-ordered reforms to inform both theory and policy.
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Urbaniak, Krzysztof. "Rada Sędziowska oraz Komisja Nominacyjna dla Anglii i Walii." Przegląd Prawa i Administracji 119 (January 20, 2020): 181–94. http://dx.doi.org/10.19195/0137-1134.119.18.
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JUDGES’ COUNCIL AND JUDICIAL APPOINTMENT COMMISSIONThe judiciary in the United Kingdom is a phenomenon in Europe. Despite the fact that the role of judges in the common law system was significantly greater than in continental law systems, the British system lacked formal, institutional safeguards of the independence of the courts and the independence of judges. This principle was seen as a constitutional convention. The Judges’ Council, being the representation of judges, had only the status of an internal judicial body and an advisory role to the Lord Chief Justice. The reforms of the justice system introduced at the beginning of the 20th century, including the establishment of the Judicial Appointments Commission, undoubtedly influenced the strengthening of the independence of the courts against the executive and increased the influence of the judicial community on the appointment system of judicial offices in England and Wales.
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Cash, Belinda, Suzanne Hodgkin, and Jeni Warburton. "A transformative approach to systems theory in caregiving research." Qualitative Social Work 18, no. 4 (2017): 710–26. http://dx.doi.org/10.1177/1473325017749988.
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This paper illustrates how systems theory can be used in social work research design to understand the systemic issues associated with spousal care in rural Australia. Spousal caregiving is embedded within multiple formal and informal systems, including family, community, health and aged care practice, social policy, and social and cultural norms. It is therefore a complex phenomenon to explore in social research, with each of these systems interacting with and influencing other aspects of the care system. The purpose of this paper is to provide an illustration of a research design that explores this systemic complexity. The design is conceptually underpinned by the transformative paradigm; a critical approach that reflects social work principles of social justice. The methodology is based on an ecosystems approach to assessment, using multiple methods to explore interactions between systems of care at policy, practice and individual levels. This application of systems theory to research presents an innovative opportunity for social work research to reflect long-established practices of understanding complex phenomenon within its sociocultural context.
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Opongo, Elias O. "Transitional justice discourse in post-conflict societies in Africa: introduction." Journal of the British Academy 9s2 (2021): 1–7. http://dx.doi.org/10.5871/jba/009s2.001.
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Post-conflict reconstruction has emerged as one the major issues of concern in Africa in the last three decades. Since the end of the Cold War following the fall of the Berlin Wall in 1989, many African countries embraced multiparty systems that expanded democratic spaces. With this came the claim to justice and consciousness on the need to reconstruct a new vision of the nation, a vision that is based on social cohesion. This led to calls for democratisation in a number of African countries as well as in Latin America, Eastern Europe, and, in particular, former Soviet Union countries. In Africa, the approach taken by different countries varied from elaborate transitional justice processes that involved truth commissions to national dialogue processes that called for political compromise without putting into place any formal transitional justice process. The articles in this supplementary issue on transitional justice discourse in post-conflict societies in Africa draw attention to diverse contextual issues on post-conflict reconstruction in the continent. These articles bring together divergent discourses, experiences, theorisations, and interpretations of transitional processes while calling for a new way of assessing truth-telling processes within the purview of legal frameworks, gender and cultural sensitivities, peace sustainability, and conflict resolution strategies in Africa. The articles open up debate on the extent to which transitional justice processes contribute to peace and sustainability in Africa, and what could be done to improve this important post-conflict reconstruction initiative.
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Soyapi, Caiphas Brewsters. "Regulating Traditional Justice in South Africa: A Comparative Analysis of Selected Aspects of the Traditional Courts Bill." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 4 (2017): 1469. http://dx.doi.org/10.17159/1727-3781/2014/v17i4a2170.
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Traditional justice systems have been in place for a very long time in South Africa and in Africa in general. They are characterised by informal systems that are not beset by the normal technicalities prevalent in formal justice systems. In recent times South Africa has sought to do away with the Black Administration Act, which was the regulating legislation on traditional justice systems, by introducing the Traditional Courts Bill. Initially introduced in Parliament in 2008 and withdrawn for another tabling in 2012, the Bill has been met with much criticism. Instead of venturing on a clause by clause analysis of the provisions of the Bill this note considers selected aspects of it which are perceived to be significant and which have courted controversy. These are ascertainment, legal representation, jurisdiction, gender, and the hierarchy of courts. The essential arguments are that the Bill has not been properly aligned with the Traditional Leadership and Governance Framework Act 41 of 2003 (as amended in 2009) or the Constitution of the Republic of South Africa, 1996 and that the above issues have not been addressed adequately or are at times only vaguely addressed.The note also considers various provisions from other African countries with similar legislation and which also regulate on the same issues, for the purposes of identifying better ways of addressing the selected issues. In the final analysis, the recommendations are not that the South African legislature must transpose the provisions of other countries, but that the framers of the Bill must reconsider these issues along the lines in which they are addressed in the countries with which comparisons are drawn here. Without a reconsideration of the issues, the Bill will still be met with criticism even from those it is meant to regulate, and could potentially result in various constitutional challenges and litigations.
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Sergon, Joseph, and Prof Albert Mumma. "The Efficacy of Traditional Dispute Resolution Mechanisms (TDRMS) in Achieving Access to Justice for Marginalised: A Focus on the Kipsigis Community in Kenya." Africa Nazarene University Law Journal 8, no. 1 (2020): 149–71. http://dx.doi.org/10.47348/anulj/v8/i1a7.
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The constitutional recognition of traditional dispute resolution mechanisms (TDRMs) legitimises them as complementary avenues to access to justice in Kenya. However, the lack of clarity regarding the scope of these mechanisms makes it difficult to integrate them with the formal justice systems. An understanding of how the mechanisms work is critical in addressing this lacuna. Using a case study approach, this Article discusses the typology of TDRMs in Kenya, and the disputes involved based on examples from the Kipsigis community. It also outlines the Kipsigis TDRM procedures in both criminal and civil cases. The article also discusses the issue of jurisdiction, various reporting and trial stages, whether there are any appellate bodies, enforcement of awards, compensation, and whether any cases have been referred to courts and vice versa. The purpose of the study is to lay a basis for the analysis of TDRMs from a natural justice perspective with the Kipsigis community as the point of focus. The study found that the Kipsigis TDRMs are considered effective avenues for access to justice for those who lack the means to access courts. The community finds the TDRMs fair as they listen to the parties in an open forum and community members are welcome to participate, unlike judicial processes, which are typically adversarial. Yet, a question arises whether TDRMs, by their nature, meet the principles of natural justice and the rule of law, particularly the threshold set for the protection of the right to a fair trial and equality. This article examines the extent to which the Kipisgis TDRMs blends with the principles of natural justice or procedural fairness, and the rule of law.
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Battle, Nishaun T. "Black Girls and the Beauty Salon: Fostering a Safe Space for Collective Self-Care." Gender & Society 35, no. 4 (2021): 557–66. http://dx.doi.org/10.1177/08912432211027258.
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Black girls regularly experience gendered, racial structural violence, not just from formal systems of law enforcement, but throughout their daily lives. School is one of the most central and potentially damaging sites for Black girls in this regard. In this paper, I draw attention to the role of the beauty salon as a space of renewal for Black women and girls as they navigate systems of oppression in their daily lives and report on the ways in which a specific beauty salon in Chesterfield County, Virginia, supported a group of Black high school girls. The study focuses on the exposure of Black girls to carceral measures in school settings and speaks to the role of African-American beauty salons as spaces where collective care from violence can manifest and strategies to interrupt racialized gendered violence against Black girls can emerge. As Co-Investigator of this study funded by the Department of Justice, I created the “scholar-artist-activist lab,” consisting of a small group of undergraduate and graduate students facilitating workshops with a mixed gender group of Black high-school students, to discuss, interact, and participate in social justice-centered exercises. I focus here on the experiences of the Black girls who participated in the study.
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Welchman, Lynn. "The Bedouin Judge, the Mufti, and the Chief Islamic Justice: Competing Legal Regimes in the Occupied Palestinian Territories." Journal of Palestine Studies 38, no. 2 (2009): 6–23. http://dx.doi.org/10.1525/jps.2009.38.2.6.
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This article examines competing legal frameworks in dispute resolution in the occupied territories, against the background of weakening central authority, bitter political rivalries, and increasing insecurity on the ground. Two case studies from 2005 are presented——a killing in Gaza and an attempted sexual assault in the West Bank——where the involved parties had recourse to three distinct but overlapping bodies of law, not all of which were part of the formal Palestinian legal system: statutory law, Islamic law, and customary (or tribal) law. The resolution of these cases, while shedding light on the intersection of local politics and alternative legal systems, underscores the challenges of forging a united legal system in a situation of occupation, weak government, and heterogeneous legal heritage.
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Ishimaru, Ann M. "Re-imagining turnaround: families and communities leading educational justice." Journal of Educational Administration 56, no. 5 (2018): 546–61. http://dx.doi.org/10.1108/jea-01-2018-0013.
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Purpose The purpose of this paper is to deepen the understanding of how minoritized families and communities contribute to equity-focused school change, not as individual consumers or beneficiaries, but as educational and community leaders working collectively to transform their schools. Design/methodology/approach This qualitative case study examines one poverty-impacted racially diverse high school in the US West and the changes that occurred over a seven-year period. Findings Minoritized families, community leaders and formal leaders leveraged conventional schooling structures – such as turnaround reforms, the International Baccalaureate program and the PTA – to disrupt the default institutional scripts of schools and drive equity-focused change for all students, particularly African-Americans from the neighborhood. Research limitations/implications Though one school, this case contributes insights about how families and communities can collaborate with systems actors to catalyze educational justice in gentrifying communities. Practical implications This study suggests strategies that families and communities used to reclaim school narratives, “infiltrate” conventional structures and reorient them toward equitable collaboration and educational justice. Social implications This study contributes to a body of critical scholarship on “turnaround” reform efforts in urban secondary schools and suggests ways to reshape decision making, leadership, parent engagement and student intervention to build collective agency. Originality/value This research raises provocative questions about the extent to which families and communities can use conventional structures and policies to pursue educational justice in the US public education. Learning from such efforts highlights strategies and practices that might begin to help us construct more decolonizing theories of change.
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Scobbie, Iain. ""Une hérésie en matière judiciaire"? The Role of the Judge ad hoc in the International Court." Law & Practice of International Courts and Tribunals 4, no. 3 (2005): 421–64. http://dx.doi.org/10.1163/157180305774859596.
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AbstractIn international law, the unfolding of the principle of the equality of the litigants — the sovereign equality of the litigant States — has resulted in their ability to nominate a judge to participate in the decision of the dispute by the International Court of Justice on terms of complete formal equality with the regular, or titular, judges. The institution of the judge ad hoc, appointed by the parties after a dispute has been submitted to the International Court, is alien to domestic systems of adjudication, but essential differences between municipal and international litigation must be given their due. The article questions, however, whether there is any solid basis for the continuation of the system of judges ad hoc.
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Ocheredko, V. P. "The Dual Nature of the Justice of the Peace: Historical Heritage in Determining the Prospects for Development." Rossijskoe pravosudie 9 (August 21, 2020): 57–67. http://dx.doi.org/10.37399/issn2072-909x.2020.1.57-67.
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Problem statement. The originality of the Russian model of the world court created in the post-reform Russia is largely determined by the concept of its dual nature, consisting in an attempt to combine state activity and the initiative of society in world justice. It is she who characterizes the qualitative certainty of a justice of the peace. The difficult path and prospects for the development of a justice of the peace is a contradictory process of legalization of its social reconciliation component. Purpose of the study. The purpose of the study is to determine the place and role of the concept of dual nature in the development of the institution of magistrates in Russia. Methods. The work was carried out on the basis of the use of such general scientific research methods as historical and legal, formal-legal and institutional-legal modeling. In the course of the study, system-structural and logical approaches to the study were applied. Results. The analysis of the concept of the dual nature of the magistrates» court implemented in the Judicial Charter in all areas of the judiciary: judicial system, legal proceedings and the status of a judge. The conditionality of the complex process of development of a magistrate inherent in the model is revealed. The continuity in preserving the dual nature of the justice of the peace at the present stage of reform is disclosed. The conditionality of preserving its world nature on the basis of the development of a social reconciliation function is substantiated. Conclusions. An important place in the Russian model of magistrates being implemented by the Judicial Charters, which gives it a qualitative difference from the models implemented in other legal systems, is occupied by the idea of the dual nature of the magistrates» court. The complexity and inconsistency of its implementation was manifested during the formation and results of the work of justices of the peace. Subsequent reform of the institution of justice of the peace is a process of successively adapting ideas to the realities of strengthening the state principle in the judiciary. However, this did not lead to the elimination of the social component in the nature of the justice of the peace, the elimination of the conciliation function. In the framework of modern judicial reform, continuity in the development of a justice of the peace has been observed. However, one should note the fragmentation and inconsistency of the implementation of the idea in the modern model. All ongoing transformations in the field of world justice are aimed primarily at its development as a local court of limited jurisdiction. An important place in maintaining the quality of certainty of a justice of the peace is the development of its conciliatory function, without which it is a local court with the preservation of its former historical name.
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Afanasyev, Sergey F. "Justice and a Court Ruling Using WhatsApp: Admissible Civil Procedure Reality?" Arbitrazh-civil procedure 2 (February 11, 2021): 41–44. http://dx.doi.org/10.18572/1812-383x-2021-2-41-44.
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The article is devoted to the subject of admissibility of the consideration and resolution of the case by the court by video call using the WhatsApp messenger. This study is relevant in view of the presence of common problems of legal regulation of procedural rights and obligations that are implemented by various participants in legal proceedings in electronic form. In order to form a comprehensive understanding of e-justice and e-justice, general scientific and private law (historical-legal, formal-legal, comparative-legal) methods are used. The question is being examined whether the court’s decision, taken as a result of the consideration of the case by video call using the WhatsApp messenger, is a procedural act, which was decided in a well-known procedural form. It is substantiated that such a decision is any other law enforcement document, but not a procedural one, since, as a general rule, for remote participation in a court session of all interested parties, only video-conferencing systems of the courts at the place of residence, stay or location of these persons are used. It is concluded that in order to transform the existing order of participation in the court session by means of video-conferencing, it is necessary to make amendments and additions to the current procedural law, allowing the presence of interested subjects anywhere outside the court, thereby legitimizing such a procedure.
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Cosens, Barbara, J. B. Ruhl, Niko Soininen, et al. "Governing complexity: Integrating science, governance, and law to manage accelerating change in the globalized commons." Proceedings of the National Academy of Sciences 118, no. 36 (2021): e2102798118. http://dx.doi.org/10.1073/pnas.2102798118.
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The speed and uncertainty of environmental change in the Anthropocene challenge the capacity of coevolving social–ecological–technological systems (SETs) to adapt or transform to these changes. Formal government and legal structures further constrain the adaptive capacity of our SETs. However, new, self-organized forms of adaptive governance are emerging at multiple scales in natural resource-based SETs. Adaptive governance involves the private and public sectors as well as formal and informal institutions, self-organized to fill governance gaps in the traditional roles of states. While new governance forms are emerging, they are not yet doing so rapidly enough to match the pace of environmental change. Furthermore, they do not yet possess the legitimacy or capacity needed to address disparities between the winners and losers from change. These emergent forms of adaptive governance appear to be particularly effective in managing complexity. We explore governance and SETs as coevolving complex systems, focusing on legal systems to understand the potential pathways and obstacles to equitable adaptation. We explore how governments may facilitate the emergence of adaptive governance and promote legitimacy in both the process of governance despite the involvement of nonstate actors, and its adherence to democratic values of equity and justice. To manage the contextual nature of the results of change in complex systems, we propose the establishment of long-term study initiatives for the coproduction of knowledge, to accelerate learning and synergize interactions between science and governance and to foster public science and epistemic communities dedicated to navigating transitions to more just, sustainable, and resilient futures.