Book contents
- Vanishing Legal Justice
- Vanishing Legal Justice
- Copyright page
- Dedication
- Contents
- Preface
- Table of Cases
- Introduction
- Part I Vanishing Trials, Transformed Legal Systems
- 1 Judicial Role in Transition
- 2 The Comparative Landscape
- 3 New Legal Families
- Part II Settlement Practices and Perspectives of Judges
- Part III Legal Metamorphosis?
- Conclusion
- Index
3 - New Legal Families
from Part I - Vanishing Trials, Transformed Legal Systems
Published online by Cambridge University Press: 20 March 2025
- Vanishing Legal Justice
- Vanishing Legal Justice
- Copyright page
- Dedication
- Contents
- Preface
- Table of Cases
- Introduction
- Part I Vanishing Trials, Transformed Legal Systems
- 1 Judicial Role in Transition
- 2 The Comparative Landscape
- 3 New Legal Families
- Part II Settlement Practices and Perspectives of Judges
- Part III Legal Metamorphosis?
- Conclusion
- Index
Summary
We propose a typology that accounts for current priorities of legal systems and the main mechanisms through which they dispose of cases.
The proposed typology is the result of a five-year empirical study of legal systems, analyzing data from court dockets, court observations, and interviews with legal actors. The study uncovers: (1) legal systems that have reshaped themselves to place an emphasis on pre-filing, creating disincentives to filing cases and trial while promoting settlement; (2) legal systems that place an emphasis on pretrial, allowing filing of cases but introducing incentives to help cases settle before they reach trial; and (3) legal systems that continue to place an emphasis on trial while allowing other forms of dispute resolution.
We show that each family differs in the aim of civil justice, the function of law, the nature of the judicial role, access to justice, and the institutional function of courts. Moreover, a pre-filing emphasis seems conducive to AI-based dispute resolution that may be developed in the future. The typology allows for a dynamic observation of legal systems as they transition from one family to another, and has implications for legal reforms and harmonization.
- Type
- Chapter
- Information
- Vanishing Legal JusticeThe Changing Role of Judges in an Era of Settlements and Plea Bargains, pp. 60 - 86Publisher: Cambridge University PressPrint publication year: 2025