Costs of cooperation rather than competition in the provision of justice?

Collins, Pauline (2005) Costs of cooperation rather than competition in the provision of justice? Australian Journal of Public Administration, 64 (3). pp. 112-118. ISSN 0313-6647

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Abstract

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.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Deposited in accordance with the copyright policy of the publisher. 'The definitive version is available at www.blackwell-synergy.com'.
Depositing User: epEditor USQ
Faculty / Department / School: Historic - Faculty of Business - Department of Law
Date Deposited: 11 Oct 2007 00:17
Last Modified: 02 Jul 2013 22:31
Uncontrolled Keywords: civil law reforms, Lord Woolf, legal aid, judges, economic performance, reform package, welfare state, civil society, Habermas's critical theory, Queensland civil procedure
Fields of Research (FOR2008): 18 Law and Legal Studies > 1801 Law > 180122 Legal Theory, Jurisprudence and Legal Interpretation
Identification Number or DOI: doi: 10.1111/j.1467-8500.2005.00456.x
URI: http://eprints.usq.edu.au/id/eprint/236

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