ACCESS TO JUSTICE - THE NEWEST WAVE IN THE WORLDWIDE MOVEMENT TO MAKE RIGHTS EFFECTIVE

• NCJ Number: 57133
• Journal: Buffalo Law Review Volume: 27 Issue: 2 Dated: (1978) Pages: 181-292
• Author(s): M CAPPELLETTI; B GARTH
• Date Published: 1978
• Length: 112 pages
• Corporate Author: Buffalo Law Review
• Sale Source: Institute for Scientific Information
• Language: English
• Country: United States of America
• Note: REPRINTED

Annotation

THE EMERGING DEMAND FOR CITIZEN ACCESS TO JUSTICE AND THE DEVICES THAT HAVE SPRUNG UP TO ALLOW ACCESS ARE DISCUSSED. THE INVESTIGATION IS INTERNATIONAL IN SCOPE AND FOCUSES PARTICULARLY ON A PROJECT IN FLORENCE, ITALY.

Abstract

ORIGINATING IN THE BREAKDOWN OF THE TRADITIONAL FAITH IN THE SOUNDNESS OF OUR LEGAL SYSTEM, AND INSPIRED BY THE DESIRE TO MAKE THE RIGHTS OF ORDINARY PEOPLE EFFECTIVE AND NOT MERELY SYMBOLIC, THE FLORENCE ACCESS TO JUSTICE PROJECT CALLS FOR FAR-REACHING REFORMS. AN EVALUATION OF THE IDEAS, PROPOSALS, AND ACCOMPLISHMENTS OF THIS LEGAL REFORM INDICATES THAT THE MOST PROMISING EXAMPLES OF REFORM ARE THE ARBITRATION SYSTEMS AND THE SMALL CLAIMS COURTS. THESE INFORMAL LEGAL STRUCTURES PROMOTE PUBLIC ACCESSIBILITY BY MAINTAINING LOW COSTS AND STRIVE TO EQUALIZE THE PARTIES BY RELAXING THE RULES OF EVIDENCE AND SEEKING COMPROMISES. AN ADDITIONAL COMPONENT TO THE SMALL CLAIMS COURT IS THE NEIGHBORHOOD MEDIATION COURT WHICH CAN HANDLE MINOR PROPERTY DISPUTES. VARIATIONS OF ALL THESE DEVICES ARE FOUND IN COUNTRIES SUCH AS THE SOVIET UNION, POLAND, BULGARIA, CUBA, CHINA, THE NETHERLANDS, FRANCE AND MORE. SOME ARE PRIVATELY SPONSORED; SOME HAVE ENFORCEMENT POWERS WHILE OTHERS ATTEMPT TO ENFORCE BY PERSUASION. OTHER TYPES OF ACCESS MECHANISM FOUND IN MANY COUNTRIES ARE LEGAL INSURANCE, CONSUMER COURTS, AND SUBSIDIZED LEGAL ATTORNEYS. SWEDEN HAS PERHAPS ONE OF THE MOST SOPHISTICATED SYSTEMS FOR ALLOWING CITIZENS ACCESS TO COURTS WITH SUBSIDIZED LEGAL FEES AND PUBLIC LAWYERS FOR BOTH MIDDLE AND LOW-INCOME LITIGANTS, A CONSUMER OMBUDSMAN, AND CONSUMER COURTS. OTHER REMEDIES ARE ALSO POSSIBLE. FOR INSTANCE, THE NEWS MEDIA AND PRIVATELY-SPONSORED CONSUMER GROUPS CAN INTERVENE IN THE RESOLUTION OF CONSUMER PROBLEMS, AND INDICATE TO BUSINESSES THE IMPORTANCE OF HONEST DEALING AND A GOOD PROFESSIONAL REPUTATION. THERE ARE DANGERS IN THIS MASS MOVEMENT, HOWEVER. THE PROLIFERATION OF SPECIAL COURTS CAN BECOME A BARRIER TO EFFECTIVE ACCESS, RESULTING IN CROWDED DOCKETS AND 'PARASITIC LITIGATION'. STREAMLINING OF COURT PROCEDURES ALSO MAY RESULT IN THE LOSS OF IMPORTANT PROTECTIONS. FOOTNOTES ARE PROVIDED.