Civil Justice, Privatization, and Democracy

Front Cover
University of Toronto Press, Jan 1, 2014 - Law - 379 pages

Privatization is occurring throughout the public justice system, including courts, tribunals, and state-sanctioned private dispute resolution regimes. Driven by a widespread ethos of efficiency-based civil justice reform, privatization claims to decrease costs, increase speed, and improve access to the tools of justice. But it may also lead to procedural unfairness, power imbalances, and the breakdown of our systems of democratic governance. Civil Justice, Privatization, and Democracy demonstrates the urgent need to publicize, politicize, debate, and ultimately temper these moves towards privatized justice.

Written by Trevor C.W. Farrow, a former litigation lawyer and current Chair of the Canadian Forum on Civil Justice, Civil Justice, Privatization, and Democracy does more than just bear witness to the privatization initiatives that define how we think about and resolve almost all non-criminal disputes. It articulates the costs and benefits of these privatizing initiatives, particularly their potential negative impacts on the way we regulate ourselves in modern democracies, and it makes recommendations for future civil justice practice and reform.

 

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Contents

1 Introduction
1
2 Courts and Democracy
13
3 Privatization of Civil Courts
51
4 Other StateBased or StateSanctioned Dispute Resolution Regimes
123
5 Preferences Influences and Justifications
158
6 Five Concerns about Privatization
219
7 Challenges and the Future of Reform
269
Selected Bibliography
315
Index
369
Copyright

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About the author (2014)

Trevor C.W. Farrow is a professor at Osgoode Hall Law School at York University.

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