Computational Law and Access to Justice

tags

Access to Justice Law and Technology

Notes

Introduction

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there are already laws that should have protected Awaab.

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flat he lived in met the definition of being ‘unfit for human habitation’

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politicians recognise that the justice system is in crisis, but resist calls for additional funding.

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Defining "access to justice" : understanding the crisis

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irreducible minimum definition of ‘access to justice’

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all individuals, and a full run of cases are, on an equal basis. able to:

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Access to the formal legal system

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proactive steps to ensure ‘equality of arms’ between the parties to a case.

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Access to a fair and effective hearing

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Access to a decision in accordance with law

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Access to remedy

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The impact of the failure to accurately define access to justice on the development of the field of computational law

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Impact on data collection

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The case management systems used by the courts and tribunals render it impossible to follow the journey of individuals from claim to outcome.

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problems are most acute in the areas of the jus- tice system that deal with the majority of cases and the most vulnerable litigants29 – the family and county courts and tribunals.

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attitudinal dimen- sion of access to the formal legal system- e.g. the impact of changes to the system on the willingness and ability to bring claims.

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Piecemeal development of tools that have an ambiguous impact on the right of access to justice

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tend to claim they improve access to justice by increasing the number of people who are able to access one particular aspect of the right,

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The need for an explicit focus on rights realisation

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Values driving the development of the field of computational law are imperfectly aligned with the goal of increasing access to justice

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The imperative to address ecosystem factors

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law and technology movement has, to date, been dominated both by an ‘effi- ciency’ paradigm and by the idea that the goal of computa- tionally driven technologies should be to promote parties to: ‘reach an acceptable solution to a dispute, without nec- essarily ensuring or promoting justice in a wider sense.’

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Unequal access to data

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Unequal access to funding

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Regulatory gaps

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Conclusion and next steps

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