Microjustice

Barendrecht, Maurits; Nispen, Patricia van

doi:10.2139/ssrn.1022936

Cited by 4 publications

(6 citation statements)

References 16 publications

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“…bIAk-nA-bATo nATIonAL PArkPoor individuals may also face a threat to property, including a threat of expropriation or burglary should they leave their home for extended periods of time, including while exercising their access rights. While no case in our review demonstrated this exact problem, it has been cited in other literature as an obstacle to obtaining information, participation, and the use of justice forums(Barendrecht and van Nispen 2008;Field 2007; Excell and Thompson forthcoming).…”

mentioning

confidence: 66%

A Seat at the Table: Including the Poor in Decisions for Development and Environment

Foti¹,

Silva²

2010

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mentioning

confidence: 66%

A Seat at the Table: Including the Poor in Decisions for Development and Environment

Foti¹,

Silva²

2010

PsycEXTRA Dataset

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“…One way the government can help to make relationships transparent and reduce the costs of enforcement is by the registration of rights. This begins with giving people a means to prove their identity so that they can be recognized as owners of property, parties to a contract, or beneficiaries of social security (Setel, Macfarlane et al 2007;Szreter 2007;Barendrecht and Van Nispen 2008;Commission on Legal Empowerment of the Poor 2008;Sabates-Wheeler, Devereux et al 2009). Informal ways of ascertaining identity have emerged in many communities.…”

Section: Registrations Of Identitymentioning

confidence: 99%

“…Civil servants may have insufficient incentives to help the poorest of the poor to register. For them, the transactions that are necessary to make registration happen are less likely to occur (Setel, Macfarlane et al 2007;Barendrecht and Van Nispen 2008).…”

Section: Registrations Of Identitymentioning

confidence: 99%

“…If these issues can be resolved quickly, the increased certainty is valuable. But in many countries, these issues require more extensive and costly procedures on higher levels of administration, or even higher courts (Barendrecht and Van Nispen 2008). Besides making procedures less formal, and thus reducing the decision costs (see Section VI.C), one option is simply to live with the uncertainties for the time being.…”

Section: Formalization As Is and Step By Stepmentioning

confidence: 99%

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Growing Justice: Justice Policies and Transaction Costs

Barendrecht

2009

SSRN Journal

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This paper reviews the literature on policies aiming to improve the rule of law and the operation of a legal system. It takes a bottom up perspective of clients seeking access to justice and uses transaction costs on the market for justice as a criterion to evaluate justice policies. Most justice is created through 'justice transactions,' including informal help from friends, legal advice, information about law, ADR services, other forms of informal justice, and adjudication. Such transactions are seriously hampered by three major transaction cost problems, however.Justice policies include codification, setting up courts and reforming them, financing of courts, legal aid, ADR, developing rules of procedure, and regulation of the legal profession. The transaction cost perspective explains why many traditional justice policies do a poor job to increase access to justice or to diminish the costs of civil justice. More promising justice policies enable justice to emerge bottom up, in the interactions between clients and providers of justice services (microjustice, legal empowerment). These policies focus on the information needs of disputants, low cost default procedures, choice for plaintiffs, accountability towards clients, gradual, needs-based formalization of legal relationships, and strengthening informal compliance mechanisms.1 Helpful comments on an earlier version were provided by

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“…The search for lower cost and bottom-up solutions to the problem of access to justice is a venture we referred to as microjustice, This term was created because the mechanisms for delivering justice in an affordable and sustainable manner are likely to resemble the ways in which microcredit, microinsurance, and other microservices can be delivered to the poor (Barendrecht and Van Nispen 2008). Developing microjustice requires focusing on the most urgent justice needs (Barendrecht, Kamminga et al 2008), the five essential tasks of a dispute system (Barendrecht 2008), the most effective ways to serve those needs through developing adequate justice services (usually by producing dispute resolution services locally (Barendrecht 2009)), and lowering the transaction costs of delivering these services (this paper).…”

Section: A Access To Justicementioning

confidence: 99%

Understanding the Market for Justice

Barendrecht

2009

SSRN Journal

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If justice is so dearly needed, why does it not emerge spontaneously? Socio-legal research shows how people shop for justice. They approach friends, advisers, lawyers, mediators, suppliers of legal information, local authorities, community leaders, priests, imams, arbiters, or judges in order to obtain redress in situations of conflict. From the perspective of clients, law is probably not so much a system of procedures in which they face barriers to access, but a variety of options on a market for justice services. In this paper, five types of justice services are distinguished. Whether these services are affordable for clients and sustainable to supply, depends on the costs of production and on the transaction costs of making them available. Investigating the sources of transaction costs for each of these justice services improves our understanding of the legal system. This perspective explains why ADR has hardly succeeded in attracting clients, lawyer services are unlikely to become a commodity, norms for distributive issues are often lacking, and courts have trouble to orient themselves on the needs of their customers. It also indicates which type of policies governments and civil society can consider if they wish to improve access to justice.

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Microjustice

Cited by 4 publications

References 16 publications

A Seat at the Table: Including the Poor in Decisions for Development and Environment

A Seat at the Table: Including the Poor in Decisions for Development and Environment

Growing Justice: Justice Policies and Transaction Costs

Understanding the Market for Justice

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