Civil Justice, Privatization, and Democracy

By Trevor C.W. Farrow

© 2014

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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Product Details

  • World Rights
  • Page Count: 400 pages
  • Dimensions: 6.3in x 1.2in x 9.1in
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SKU# SP003514

  • PUBLISHED APR 2014

    From: $65.25

    Regular Price: $87.00

    ISBN 9781442645783
  • PUBLISHED APR 2014

    From: $65.25

    Regular Price: $87.00

Quick Overview

Civil Justice, Privatization, and Democracy demonstrates the urgent need to publicize, politicize, debate, and ultimately temper these moves towards privatized justice.

Civil Justice, Privatization, and Democracy

By Trevor C.W. Farrow

© 2014

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.

Continue Reading Read Less

Product Details

  • World Rights
  • Page Count: 400 pages
  • Dimensions: 6.3in x 1.2in x 9.1in
  • Reviews

    ‘This is an arresting book that challenges the whole premise of private dispute resolution.’
    Holly Doan
    Blacklock's Reporter Saturday June 14, 2014

    ‘For librarians wishing to make sure their collection is adequate to represent this topic, Prof. Farrow’s work will be an excellent guide for the foreseeable future.’


    Michael Lines
    Canadian Law Library Review vol 40:04:2015

    “Privatization of the civil justice system has become a significant trend in Canada over the past twenty-five years and shows no signs of abating. Not only is this significant, it is also worrisome for exactly the reasons Trevor C.W. Farrow identifies in this book, particularly the negative impact on democracy. Farrow is the only person writing critically about this important topic in this country, and he is uniquely positioned to be the most knowledgeable on the subject matter.”


    Jonnette Watson Hamilton, Faculty of Law, University of Calgary

    “Smart, thoughtful, and well written, Civil Justice, Privatization, and Democracy shows great command of the history, the problems, and the literature regarding the privatization of civil justice, as well as a mastery of the global dimensions of these issues.”


    Thomas O. Main, William S. Boyd School of Law, University of Nevada, Las Vegas
  • Author Information

    Trevor C.W. Farrow is a professor at Osgoode Hall Law School at York University.
  • Table of contents

    List of Illustrations

    Preface

    Chapter 1: Introduction

    Chapter 2: Courts and Democracy

    Chapter 3: Privatization of Civil Courts

    Chapter 4: Other State-Based or Sanctioned Dispute Resolution Regimes

    Chapter 5: Privatizing Preferences, Influences and Justifications

    Chapter 6: Five Concerns About Privatization

    Chapter 7: Challenges for the Future of Reform

    Bibliography

    Acknowledgements

    Index

    About the Author

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