Full bibliography
Better Access to Better Justice: The Potential of Procedural Reform
Resource type
Author/contributor
- Semple, Noel (Author)
Title
Better Access to Better Justice: The Potential of Procedural Reform
Abstract
When proposals are made to reform legal procedure, improving access to justice is often identified as the goal. What does access to justice mean in this context? This article proposes that “better access” and “better justice” should be understood as two distinct goals. Access improves when procedural costs confronting litigants (and potential litigants) are reduced. Justice has three qualities – substantive justice, procedural justice, and public justice – which legal procedure can produce to a greater or lesser degree. Although access and justice are sometimes in tension as goals for procedural reform, they are also harmonious. Better access to better justice is a worthy goal for procedural reformers. Welfare-consequentialism is introduced in the final part of the article, as a way to focus access to justice reforms and make the necessary tradeoffs. This article’s argument is illustrated throughout by three procedural reform trends – mandatory mediation, small-dollar procedure, and inquisitoriality.
Genre
SSRN Scholarly Paper
Archive ID
3914920
Place
Rochester, NY
Date
2021-08-25
Accessed
9/10/23, 10:33 PM
Short Title
Better Access to Better Justice
Language
en
Library Catalog
Social Science Research Network
Citation
Semple, N. (2021). Better Access to Better Justice: The Potential of Procedural Reform (SSRN Scholarly Paper 3914920). https://doi.org/10.2139/ssrn.3914920
Author / Editor
Link to this record