NCJ Number
52367
Date Published
1978
Length
6 pages
Annotation
THIS REPORT ARGUES THAT ADOPTION OF VARIOUS PROCEDURAL, ORGANIZATIONAL, AND SETTLEMENT ALTERNATIVES FROM OTHER WESTERN COURT SYSTEMS FOR MAKING THE U.S. SYSTEM MORE RESPONSIVE TO SOCIAL PROBLEMS IS INVALID.
Abstract
THERE IS A GREAT INTEREST IN THE U.S. IN FOREIGN COURT SYSTEMS, BUT IT IS ILLOGICAL TO ATTACH ARBITRARILY A FEATURE OF A JUDICIAL SYSTEM IN ONE COUNTRY TO THAT OF A SYSTEM IN ANOTHER COUNTRY. WHILE IT IS FELT THAT WESTERN NATIONS ARE ALL EXPERIENCING A CRISIS IN THEIR COURT SYSTEMS, THE AMERICAN JUDICIAL SYSTEM IS HAVING WORSE DIFFICULTY BECAUSE OF THE FOLLOWING FACTORS: AMERICANS RELY MORE HEAVILY ON COURTS TO SOLVE SOCIAL PROBLEMS RESULTING IN LARGE CASELOADS; THE CAPACITY FOR COURT CHANGE IS LESS, DUE TO THE RIGIDITY OF THE FEDERAL CONSTITUTION; AND THE AMERICAN COURT SYSTEM HAS NOT GONE THROUGH THE PROCESS OF BUREAUCRATIZATION THAT CHARACTERIZES OTHER WESTERN SYSTEMS AND THAT WOULD MAKE IT EASIER TO HANDLE MASSIVE CASELOADS. IT IS MAINTAINED THAT THE AMERICAN SYSTEM IS UNREFLECTIVELY PURSUING CONFLICTING OBJECTIVES: A DESIRE FOR INFORMAL, SUBSTANTIVE JUSTICE, IN WHICH CASE EQUITIES ARE ASCERTAINED IN RELIANCE ON COMMUNITY JUDGMENTS, AND THE TENDENCY TO PRODUCE A COMPLICATED SYSTEM OF PROCEDURAL SAFEGUARDS REQUIRING THE USE OF TRAINED LEGAL PROFESSIONALS. THE ADOPTION OF VARIOUS FOREIGN LEGAL DEVICES FOR SETTLING DISPUTES COULD RESULT IN CREATION OF A SEPARATE COURT SYSTEM FOR THE LOWER SOCIAL CLASSES. NOTES ARE PROVIDED. (DAG)