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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.
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.
Reliance on the private military industry and the privatization of public functions has left our government less able to govern effectively. When decisions that should have been taken by government officials are delegated (wholly or in part) to private contractors without appropriate oversight, the public interest is jeopardized. Books on private military have described the problem well, but they have not offered prescriptions or solutions this book does.
Why government outsourcing of public powers is making us less free Many governmental functions today—from the management of prisons and welfare offices to warfare and financial regulation—are outsourced to private entities. Education and health care are funded in part through private philanthropy rather than taxation. Can a privatized government rule legitimately? The Privatized State argues that it cannot. In this boldly provocative book, Chiara Cordelli argues that privatization constitutes a regression to a precivil condition—what philosophers centuries ago called "a state of nature." Developing a compelling case for the democratic state and its administrative apparatus, she shows how privatization reproduces the very same defects that Enlightenment thinkers attributed to the precivil condition, and which only properly constituted political institutions can overcome—defects such as provisional justice, undue dependence, and unfreedom. Cordelli advocates for constitutional limits on privatization and a more democratic system of public administration, and lays out the central responsibilities of private actors in contexts where governance is already extensively privatized. Charting a way forward, she presents a new conceptual account of political representation and novel philosophical theories of democratic authority and legitimate lawmaking. The Privatized State shows how privatization undermines the very reason political institutions exist in the first place, and advocates for a new way of administering public affairs that is more democratic and just.
Papers presented at the Workshop: the Public and the Private Democratic Citizenship in a Comparative Perspective, held at New Delhi during 2-4 November 2000.
This book argues that independent courts can defend democracy by encouraging political elites to more prudently exercise their powers.
Unfulfilled legal needs are at a tipping point in much of the Canadian justice system. The Justice Crisis assesses what is and isn’t working in efforts to strengthen a fundamental right of democratic citizenship: access to civil and family justice. Contributors to this wide-ranging overview of recent empirical research address key issues: the extent and cost of unmet legal needs; the role of public funding; connections between legal and social exclusion among vulnerable populations; the value of new legal pathways; the provision of justice services beyond the courts and lawyers; and the need for a culture change within the justice system.
Civil disobedience, the refusal to obey certain laws, is a method of protest famously articulated by philosopher and writer Henry David Thoreau in his 1849 essay “Civil Disobedience.” Thoreau believed that protest became a moral obligation when laws collided with conscience. Since then, civil disobedience has been employed as a form of rebellion around the world. But is there a place for civil disobedience in democratic societies? When is civil disobedience justifiable? Is violence ever called for? Furthermore, how effective is civil disobedience?
This book asks why justice is important to both individuals and to society as a whole. A number of justice questions are raised to evaluate whether mediation can deliver social, distributive, procedural, or substantive justice and fairness. Focussing on a scrutiny of mediation in the context of justice, the book covers social justice and justice issues posed by confidentiality, bias, lack of fairness, and Online Dispute Resolution. Discussing whether mediation can truly deliver justice to all, this book identifies areas where this fails and provides solutions and suggestions for improvement.. The dangers of private justice, bias, mandatory mediation, and the side lining of the importance of fairness in the resolution of disputes are all considered. In contrast, the positive aspects of mediation are added to the balance. This book will be of interest to researchers in the field of conflict resolution, law, and social science. Readers will also be found among mediators and people interested in justice and the civil justice system.
From one of the foremost authorities on education in the United States, former U.S. assistant secretary of education, “whistle-blower extraordinaire” (The Wall Street Journal), author of the best-selling The Death and Life of the Great American School System (“Important and riveting”—Library Journal), The Language Police (“Impassioned . . . Fiercely argued . . . Every bit as alarming as it is illuminating”—The New York Times), and other notable books on education history and policy—an incisive, comprehensive look at today’s American school system that argues against those who claim it is broken and beyond repair; an impassioned but reasoned call to stop the privatization movement that is draining students and funding from our public schools. ​In Reign of Error, Diane Ravitch argues that the crisis in American education is not a crisis of academic achievement but a concerted effort to destroy public schools in this country. She makes clear that, contrary to the claims being made, public school test scores and graduation rates are the highest they’ve ever been, and dropout rates are at their lowest point. ​She argues that federal programs such as George W. Bush’s No Child Left Behind and Barack Obama’s Race to the Top set unreasonable targets for American students, punish schools, and result in teachers being fired if their students underperform, unfairly branding those educators as failures. She warns that major foundations, individual billionaires, and Wall Street hedge fund managers are encouraging the privatization of public education, some for idealistic reasons, others for profit. Many who work with equity funds are eyeing public education as an emerging market for investors. ​Reign of Error begins where The Death and Life of the Great American School System left off, providing a deeper argument against privatization and for public education, and in a chapter-by-chapter breakdown, putting forth a plan for what can be done to preserve and improve it. She makes clear what is right about U.S. education, how policy makers are failing to address the root causes of educational failure, and how we can fix it. ​For Ravitch, public school education is about knowledge, about learning, about developing character, and about creating citizens for our society. It’s about helping to inspire independent thinkers, not just honing job skills or preparing people for college. Public school education is essential to our democracy, and its aim, since the founding of this country, has been to educate citizens who will help carry democracy into the future.