Informal Justice

Informal Justice
Author: Roger Matthews
Publisher: SAGE Publications Limited
Total Pages: 228
Release: 1988-12
Genre: Law
ISBN:

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Informal forms of justice such as mediation have been greeted enthusiastically as progress from the punishment model of justice -- and criticised as broadening rather than narrowing the reach of the criminal justice system. Here the contributors assess the evidence and re-appraise the theory of informalism.

The Politics of Informal Justice

The Politics of Informal Justice
Author: Richard L. Abel
Publisher: Elsevier
Total Pages: 349
Release: 2014-06-28
Genre: Business & Economics
ISBN: 1483297357

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The Politics of Informal Justice

Ombudsmen and ADR

Ombudsmen and ADR
Author: Naomi Creutzfeldt
Publisher: Springer
Total Pages: 199
Release: 2018-05-02
Genre: Social Science
ISBN: 3319788078

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How do ordinary people experience and make sense of the informal justice system? Drawing on original data with British and German users of Ombudsmen— an important institution of informal justice, Naomi Creutzfeldt offers a nuanced comparative answer to this question. In so doing, she takes current debates on procedural justice and legal consciousness forward. This book explores consciousness around ‘alternatives’ to formal legality and asks how situated assumptions about law and fairness guide people's understandings of the informal justice system. Creutzfeldt shows that the everyday relationship that people have with the informal justice system is shaped by their experiences and expectations of the formal legal system and its agents. This book is an innovative theoretical and empirical statement about the future prospects for informal justice in Europe.

Informal Reckonings

Informal Reckonings
Author: Andrew Woolford
Publisher: Routledge
Total Pages: 159
Release: 2008-01-15
Genre: Law
ISBN: 113408711X

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The 'reparational turn' in the field of law has resulted in the increased use of so-called 'informal' approaches to conflict resolution, including primarily the three mechanisms considered in this book: mediation, restorative justice and reparations. While proponents of these mechanisms have acclaimed their communicative and democratic promise, critics have charged that mediation, restorative justice and reparations all potentially serve as means for encouraging citizens to internalize and mimic the rationalities of governance. Indeed, the critics suggest that informal justice's supposed oppositional relationship to formal justice is, at base, a mutually reinforcing one, in which each system relies on the other for its effective operation, rather than the two being locked in a struggle for dominance. This book contributes to the discussion of the confluence of informal and formal justice by providing a clearer picture of the justice 'field' through the notion of the 'informal/formal justice complex.' This term, adapted from Garland and Sparks (2000), describes a cultural formation in which adversarial/punitive and conciliatory/restorative justice forms coexist in relative harmony despite their apparent contradictions. Situating this complex within the context of neoliberalism, this book identifies the points of rupture in the informal/formal justice complex to pinpoint how and where a truly alternative and 'transformative' justice (i.e. a justice that challenges and counters the hegemony of formal legal practices, opening the field of law to a broader array of actors and ideas) might be established through the tools of mediation, restorative justice and reparations.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Informal Justice

Informal Justice
Author: Institute of Law Birzeit University
Publisher: Createspace Independent Publishing Platform
Total Pages: 154
Release: 2016-01-03
Genre:
ISBN: 9781523263585

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The Palestinian Legal System is often characterised as complex, since it consists of different layers of colonial codes and rules: Ottoman, British, Jordanian, and Egyptian laws, Israeli military orders and Palestinian legislation. Complicating matters further, there are at least two segments of legal and judicial life that coexist in Palestine:1 Codified laws and regulations, which include the religious laws (i.e. Sharia), and an informal system of conflict resolution based on customs (urf). The term 'informal justice' refers to a social phenomenon widespread throughout the West Bank, East Jerusalem and Gaza Strip, comprising the settlement of disputes between citizens outside the framework of the regular or formal (nizami) courts. It is a phenomenon which exists in a number of Arab countries. The book presents a deep socio-legal investigation and places legal and tribal practices in the general social context. It also strives to understand the social logic and general principles that govern informal justice and to explain the reasons for continued use of the system. It therefore does not start off from a position that simply emphasises the need for an official unified legal system that guarantees the rule of law, however imperative this is; rather, it is based on the principle that positions and recommendations must be based on a detailed understanding of the way informal justice works in real life, through the actions and positions of real social actors (ordinary people, formal and informal actors). The book provides a chronology of public institutions produced by the various regimes which have exerted their sovereignty on Palestine. The chronology allows the non specialist reader to understand the evolution of the system through those periods until the establishment of the Palestinian Authority and effect of the Israeli occupation on the system. The researchers involved in the study used field research to disclose the extent of the relationship and interaction between informal justice and the various social sectors and their institutions. This was included in-depth interviews with actors connected to informal justice; it also included collecting relevant documents from the different areas in the West Bank, East Jerusalem and Gaza. The book points to ingenious distinctions and contradictions between collective and individual approaches of law and rights when dealing at the same time with informal and official justice and by introducing a dose of political philosophy in the socio-legal approach, the researchers of the study draw the readers' attention on sensitive issues dealt with in Palestine today and challenge traditional perceptions on the nature of the rule of law and building state institutions in a conflict situation.