Got a tricky question? Receive an answer from students like you! Try us!

Law - legal systems - Essay Example

Only on StudentShare
College
Essay
Miscellaneous
Pages 8 (2008 words)

Summary

It has been suggested that an important measure of a civilization is the quality of justice received by its citizens. In the past decade there has been an increasing concern that the traditional adversary system is not adequate to handle effectively all the disputes currently being placed before it…

Extract of sample
Law - legal systems

The expansion of the role of government in the lives of its citizens has brought with it an increasing number of controversies between citizen and state. There is a perception too that as a people we have become more litigious. All this has resulted in an increase in litigation, aggravating the problems within the current judicial structure, causing delays from the ensuing backlog of cases, higher costs to the parties and the taxpayer, the bureaucratization of dispute-processing systems and exaggeration of minor disputes as a result of regulations, delays and costs. Furthermore, both court congestion and high cost are used as bargaining tools to extract settlements which may otherwise be unacceptable.
For many, however, the concern runs deeper. There is a growing awareness that the corner-stone of our judicial structure, the adversary system itself, is not the most appropriate for the effective resolution of all forms of disputes; it may not be capable of resolving a problem to both parties' satisfaction and may easily cause disputes to escalate to more serious levels. Moreover, even though the vast majority of disputes are 'resolved' outside the courtroom, they are still resolved 'under the shadow' of this adversary mentality; for instance, the threat of instituting court proceedings may be enough to exact an inappropriate settlement. ...
Download paper
Not exactly what you need?

Related Essays

Law/Tort Law
In the context of the above law, there are quite a few options open to Melissa and Andrew. Colin, an acquaintance by chance, took Andrew water skiing on a lake about 5 miles from their hotel. While skiing, Andrew fell into the lake and went missing. Colin, following the events, jumps into the murky water hoping to save Andrew. Unable to trace Andrew, Colin rushes back to land in the hope of…
4 pages (1004 words)
Natural Law and Legal Positivism
Natural law applies to theories of ethics, politics, civil law, and theories of religious morality. Natural law as it applies to the theories of ethics, seeks to establish a definition for features of moral theory as nature dictates them. However, natural law theory does not recount on the history of the natural law development thought. Natural law theory finds its definition in ethics (Murphy…
8 pages (2008 words)