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Costs of Cooperation Rather than Competition in the Provision of Justice?
Author(s) -
Collins Pauline
Publication year - 2005
Publication title -
australian journal of public administration
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.524
H-Index - 41
eISSN - 1467-8500
pISSN - 0313-6647
DOI - 10.1111/j.1467-8500.2005.00456.x
Subject(s) - economic justice , context (archaeology) , competition (biology) , welfare , state (computer science) , control (management) , law and economics , civil procedure , economics , public administration , political science , welfare state , law , sociology , public economics , politics , management , ecology , paleontology , algorithm , computer science , biology
The civil law reforms starting in the USA and exemplified by Lord Woolf's reform package(1995; 1996) in the U.K. are considered in the context of diminishing legal aid and pressure on judges to become case managers responsible for the economic performance of their courts. The reforms are being sold in a package that promises a fairer system for all, greater access, cheaper and quicker justice, less stress and greater party control. This move from the welfare state to a civil society is analysed using Habermas's critical theory in an effort to uncover and debate its assumptions. Specific recent changes in civil procedure in Queensland are referred to in this context.