Online Courts and the Future of Justice
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By: Richard E. Susskind
In Online Courts and the Future of Justice, Richard Susskind, the world's most cited author on the future of legal services, shows how litigation will be transformed by technology and proposes a solution to the global access-to-justice problem. In most advanced legal systems, the resolution of civil disputes takes too long, costs too much, and the process is not just antiquated; it is unintelligible to ordinary mortals. The courts of some jurisdictions are labouring under staggering backlogs - 100 million cases in Brazil, 30 million in India. More people in the world now have internet access than access to justice. Drawing on almost 40 years in the fields of legal technology and jurisprudence, Susskind shows how we can use the remarkable reach of the internet (more than half of humanity is now online) to help people understand and enforce their legal rights. Online courts provide 'online judging' - the determination of cases by human judges but not in physical courtrooms. Instead, evidence and arguments are submitted through online platforms through which judges also deliver their decisions. Online courts also use technology to enable courts to deliver more than judicial decisions. These 'extended courts' provide tools to help users understand relevant law and available options, and to formulate arguments and assemble evidence. They offer non-judicial settlements such as negotiation and early neutral evaluation, not as an alternative to the public court system but as part of it. A pioneer of online courts, Susskind maintains that they will displace much conventional litigation. He rigorously assesses the benefits and drawbacks, and looks ahead, predicting how AI, machine learning, and virtual reality will likely come to dominate court service.
AI Overview
"Online Courts and the Future of Justice" by Richard Susskind is a seminal work that delves into the transformative potential of online courts in the legal system. Here is a comprehensive overview of the book, including key themes, plot summary, and critical reception:
Key Themes
Technological Change and Justice:
- The book explores how technological advancements can revolutionize the delivery of justice, making it more accessible and efficient.
Access to Justice:
- Susskind emphasizes the need to increase access to justice, particularly for those who cannot afford traditional legal services. He argues that online courts could bridge this gap by providing more affordable and convenient legal processes.
Efficiency and Cost-Effectiveness:
- The author discusses the potential for online courts to reduce costs associated with traditional court proceedings, such as travel and accommodation expenses for litigants and legal professionals.
Moral and Jurisprudential Implications:
- Susskind makes a moral case for online courts, arguing that they are required by principles of justice. He also examines the jurisprudential implications, considering whether online courts are compatible with our understanding of judicial process and constitutional rights.
Adaptation During the Pandemic:
- The book highlights how the COVID-19 pandemic accelerated the adoption of online courts, with video hearings proving surprisingly effective. This experience has opened minds to the possibility of a permanent shift towards online justice.
Plot Summary
The book is structured around the fundamental controversies surrounding the introduction of online courts. Susskind begins by framing the debate in the context of austerity politics and cuts to legal aid, where the public case for online courts has often been reduced to a business case focused on efficiency and cost savings.
He then broadens the discussion to include the moral and jurisprudential dimensions. Susskind argues that online courts are not just about saving money but about ensuring that justice is delivered equitably and efficiently. He explores various scenarios where technology could enhance the justice system, from simple disputes resolution to more complex legal proceedings.
The author also examines the challenges and potential pitfalls of implementing online courts, including issues related to privacy, security, and the potential for unequal access to technology. Despite these challenges, Susskind remains optimistic about the future of online courts, seeing them as a necessary step towards a more just and accessible legal system.
Critical Reception
The book has received positive reviews for its comprehensive and thought-provoking analysis of the future of justice. Here are some key points from critical reception:
David Cowan in a review for the Canadian Journal of Law and Technology praises the book as a "useful guide in assessing how successfully - or not - online and remote courts have been in playing an essential role in keeping the justice system, at least in part, moving during the pandemic".
Harvard Law School has highlighted Richard Susskind's keynote address, where he discussed the accelerated trend towards online courts and the successful adaptation of video hearings during the pandemic. The event emphasized that while the success of recent months is notable, the larger goal of increased access to justice remains unfulfilled.
Barnes & Noble notes that the book "charts and develops the public debate" on online courts, drawing on years of experience leading the discussion on conceiving and delivering online justice. The review acknowledges that the book confronts the challenges facing our legal system and the potential for technology to bring much-needed change.
In summary, "Online Courts and the Future of Justice" by Richard Susskind is a seminal work that explores the transformative potential of online courts in the legal system. It delves into the moral, jurisprudential, and practical implications of this shift, providing a comprehensive guide for assessing the future of justice in the digital age.