This book takes five contexts to trace the paths and to prospect an idea. It does not pretend the exhaustivity nor the completeness. The promotion of the culture of lawfulness, where the education to the law and the primacy of the rule plays an essential role, the design and use of inter-connected spaces to meet the demand of justice, where different forms of intelligence are led to interplay, the adoption of a method to govern the organizational changing processes triggered by the automation where the balance between human and automated intelligence is pivotal, the reframe of the trust building processes within the healthcare sector due to the break-out of the e-medicine and the robotics, where the legitimacy of the professionalism demands high consideration, the use of digital finger-prints into a smart city governance based on trust, where the citizens’ engagement encounters the complexity and the interdependence, are, altogether, windows opened on a new world that is coming.

Access to justice gained over the last two decades the undiscussed first rank position in the international policies promoting the rule of law and the quality of the users-courts interaction. A wide range of empirical evidence – both in quantitative and qualitative terms – is today available through the regular monitoring exercise carried on by governmental and non-governmental agencies at all institutional levels. Spanning from the world justice project to the CEPEJ, to make just two leading examples, it is today clear that access to justice plays a strategic and undeniably essential role in the quality of social and economic processes and the quality of life of people. Furthermore, it is patent that when access to justice is affected by uneven patterns and the pathways to the courts or the legal remedies feature barriers for disadvantaged people courts may become an unexpected and still severe source of inequalities. Drawing lessons from practices set up in many countries the international organizations engaged in promoting comprehensive strategies to improve the access to justice, via digital tools, communication policies, a costs-benefits ratio sensitive approach, and a timeline-focused organization of the case management and legal services delivery. Despite the steps undertaken the relationship between law and society and more specifically between the legal and judicial services and the demand for justice and rights enforcement coming from people and social actors remain somehow sub-optimal since many barriers turn out to lay in the sequences of actions and initiatives that are to be taken once courts have been accessed. In the context of justice and legal service for indigenous people the experience of encountering the law and the law in action is marked by distinctive barriers and critical knots. Linguistic barriers are addressed the most by scholars and practitioners. These barriers seem to be hardly removed by the “mere” introduction of tools supporting translation and inter-linguistic interplay/dialogue. However more severe barriers relate to the common sense of the law, and the way people expert legal and justice systems be effectively fair mechanisms to settle disputes. Furthermore, the availability of legal professionalisms is a critical matter as it relates to the policies each country adopts to ensure the quality of these – being sure that the quality must be here understood as a combination of professional proficiency, ethics, pluralism, and cultural competences.

Legal Services and Digital Infrastructures

Piana, D
2021

Abstract

Access to justice gained over the last two decades the undiscussed first rank position in the international policies promoting the rule of law and the quality of the users-courts interaction. A wide range of empirical evidence – both in quantitative and qualitative terms – is today available through the regular monitoring exercise carried on by governmental and non-governmental agencies at all institutional levels. Spanning from the world justice project to the CEPEJ, to make just two leading examples, it is today clear that access to justice plays a strategic and undeniably essential role in the quality of social and economic processes and the quality of life of people. Furthermore, it is patent that when access to justice is affected by uneven patterns and the pathways to the courts or the legal remedies feature barriers for disadvantaged people courts may become an unexpected and still severe source of inequalities. Drawing lessons from practices set up in many countries the international organizations engaged in promoting comprehensive strategies to improve the access to justice, via digital tools, communication policies, a costs-benefits ratio sensitive approach, and a timeline-focused organization of the case management and legal services delivery. Despite the steps undertaken the relationship between law and society and more specifically between the legal and judicial services and the demand for justice and rights enforcement coming from people and social actors remain somehow sub-optimal since many barriers turn out to lay in the sequences of actions and initiatives that are to be taken once courts have been accessed. In the context of justice and legal service for indigenous people the experience of encountering the law and the law in action is marked by distinctive barriers and critical knots. Linguistic barriers are addressed the most by scholars and practitioners. These barriers seem to be hardly removed by the “mere” introduction of tools supporting translation and inter-linguistic interplay/dialogue. However more severe barriers relate to the common sense of the law, and the way people expert legal and justice systems be effectively fair mechanisms to settle disputes. Furthermore, the availability of legal professionalisms is a critical matter as it relates to the policies each country adopts to ensure the quality of these – being sure that the quality must be here understood as a combination of professional proficiency, ethics, pluralism, and cultural competences.
2021
171
Piana, D
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11585/864417
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