Vanishing legal justice : the changing role of judges in an era of settlements and plea bargains / Michal Alberstein, Nofit Amir.

Format:

Book

Author/Creator:

Alberstein, Michal, author.

Amir, Nofit, author.

Language:

English

Subjects (All):

Judges.

Courts.

Justice, Administration of.

Physical Description:

1 online resource (xii, 201 pages) : digital, PDF file(s).

Edition:

First edition.

Place of Publication:

Cambridge : Cambridge University Press, 2025.

Summary:

A full trial has become an uncommon phenomenon in many legal systems, replaced largely by promotion of settlement and plea-bargaining. This book uncovers today's judicial role in this radically changed legal setting using multiple methods. Over five years, researchers analyzed court dockets, studied judges in action, and conducted interviews with judges and lawyers. This book, which spans several legal cultures, follows in the footsteps of the 'vanishing trial phenomenon', probing its existence beyond common law systems. In doing so, it provides insights into the changing judicial role and the metamorphosis of legal systems. Offering a new perspective on possible futures of legal systems, including the use of artificial intelligence, the authors provide a rich context for legal scholars and policymakers to redesign the architecture of conflicts. Moreover, they introduce new jurisprudential perspectives on the relationship between law and conflict resolution, with an emphasis on the judicial role.

Contents:

Cover

Half-title

Title page

Imprints page

Dedication

Table of Contents

Preface

Table of Cases

Introduction

Part I Vanishing Trials, Transformed Legal Systems

1 Judicial Role in Transition

1.1 Rise of the Settlement Judge in the United States

1.2 Continental Law Countries

2 The Comparative Landscape

2.1 Italy: Dawn of a Judicial Settlement Culture

2.2 Israel: High Noon of Judicial Settlement Practices

2.3 England: Twilight Hour of Trial?

2.4 Criminal Justice

2.5 Two Central Factors Influencing the Trajectory of Adversarial-Inquisitorial Melds

3 New Legal Families

3.1 Pre-filing, Pretrial, Trial

3.2 Core Principles That Differ According to Family

3.3 The Continuum

3.4 Note on Convergence between Criminal and Civil Justice

3.5 Out, Out, Millennia-Old Candle?

Part II Settlement Practices and Perspectives of Judges

4 Challenges of Studying Judges

4.1 The Empirical Challenge of the Judiciary

4.2 Court Docket Analysis of the Judicial Role

4.3 Qualitative Court Observations of Judicial Activities

4.4 Interviews

4.5 Conclusion

5 Untold Narratives: Stories Judges and Lawyers Tell about the Judicial Role in Settlement

5.1 Introduction to Findings

5.2 The Settlement Scene: Perspectives of Light and Darkness

5.3 Positive Perspectives of Settlement in the Courtroom

5.4 Negative Perspectives of Settlement in the Courtroom

5.5 Conclusion

6 Power and Persuasion: Judicial Role as Reflected in Courtroom Observations

6.1 Tel Aviv: Settlement Practices Employed by Judges in the Courtroom

6.2 Florence: The Diagnostic, Adjudicative Judge

6.3 New Sources of Legitimation?

Part III Legal Metamorphosis?

7 A New Paradigm for Judicial Involvement

7.1 The Dual Concern Model of Judicial Work.

7.2 The Underlying Principles of Law and Conflict Resolution

7.3 From the Inside Out: Implementing Judicial Discretion through Hard and Soft Powers in Court

7.4 Training Model for Judicial Conflict Resolution: Fields of Agreement

8 New Horizons of Mediation

8.1 Mediation Goes Mainstream: Authority-based and Public

8.2 The Self-Help Individualized Notion of Mediation

8.3 The Jurisprudence of Mediation and the Consensual Horizons of Law

9 The Law - End or Turning Point?

9.1 Level of Individual Agency and Choice

9.2 Suggestions for Human-Centered Design

9.3 Finding the Way from Kafka to Utopia

9.4 Artificial Intelligence

Conclusion

Index.

Notes:

Title from publisher's bibliographic system (viewed on 21 Mar 2025).

ISBN:

9781009058803

1009058800

9781009059008

1009059009

9781009049313

1009049313

OCLC:

1430479104