NCJ Number
36876
Journal
Justice System Journal Volume: 2 Issue: 1 Dated: (SPRING 1976) Pages: 19-33
Date Published
1976
Length
15 pages
Annotation
A DETAILED CRITIQUE OF THE AMERICAN BAR ASSOCATION (ABA) STANDARDS RELATING TO COURT ORGANIZATION, IN WHICH THE AUTHOR CHARGES THAT THE STANDARDS DO NOT REFLECT MODERN MANAGEMENT CONCEPTS.
Abstract
THE AUTHOR FIRST CONTRASTS THE CLOSED SYSTEM OR BUREAUCRATIC APPROACH WHICH DOMINATES THE STANDARDS WITH A MORE MODERN MANAGEMENT APPROACH, THE OPEN SYSTEM PERSPECTIVE. A CLOSED SYSTEM IS DEFINED AS ONE IN WHICH EACH POSITION HAS CLEARLY DEFINED ROLES AND REGULATIONS GOVERNING THE DECISIONS AND BEHAVIOR OF THE PERSON OCCUPYING THAT POSITION. THERE IS A HIGH DEGREE OF SPECIALIZATION IN THE PERFORMANCE OF ACTIVITIES TO MEET ORGANIZATIONAL GOALS. THE OPEN SYSTEM PERSPECTIVE FOCUSES ON THE EXHANGES BETWEEN AN ORGANIZATION AND ITS ENVIRONMENT. IT IS FLEXIBLE, AND VIEWS THE ELEMENTS WITHIN ANY ORGANIZATION AS INTERDEPENDENT PARTS. AFTER DEFINING THESE PERSPECTIVES, THE AUTHOR THEN APPLIES THEM TO THE DISTINCTIVE PROFESSIONAL, ENVIRONMENTAL, AND POLITICAL PROBLEMS OF COURT SYSTEMS ABA STANDARDS ARE THEN EXAMINED TO ASSESS THEIR USE OF CLOSED AND OPEN SYSTEM PERSPECTIVES. THE AUTHOR CONCLUDES THAT CONTEMPORARY CHANGES HAVE TRANSFORMED THE NATURE OF ORGANIZATIONS, INCLUDING THE COURTS, AND THAT NEW ADMINISTRATIVE APPROACHES INVOLVING AN OPEN SYSTEM PERSPECTIVE ARE BETTER SUITED TO THE REALITY OF TODAY'S COURTS. (AUTHOR ABSTRACT MODIFIED)