pubblicato da Oxford University Press
In Online Courts and the Future of Justice, Richard Susskind, the world's most cited author on the future of legal services, shows how litigation will be transformed by technology and proposes a solution to the global access-to-justice problem. In most advanced legal systems, the resolution of civil disputes takes too long, costs too much, and the process is not just antiquated; it is unintelligible to ordinary mortals. The courts of some jurisdictions are labouring under staggering backlogs - 100 million cases in Brazil, 30 million in India. More people in the world now have internet access than access to justice. Drawing on almost 40 years in the fields of legal technology and jurisprudence, Susskind shows how we can use the remarkable reach of the internet (more than half of humanity is now online) to help people understand and enforce their legal rights. Online courts provide 'online judging' - the determination of cases by human judges but not in physical courtrooms. Instead, evidence and arguments are submitted through online platforms through which judges also deliver their decisions. Online courts also use technology to enable courts to deliver more than judicial decisions. These 'extended courts' provide tools to help users understand relevant law and available options, and to formulate arguments and assemble evidence. They offer non-judicial settlements such as negotiation and early neutral evaluation, not as an alternative to the public court system but as part of it. A pioneer of online courts, Susskind maintains that they will displace much conventional litigation. He rigorously assesses the benefits and drawbacks, and looks ahead, predicting how AI, machine learning, and virtual reality will likely come to dominate court service.
Susskind, who is described as a pioneer of rethinking law for the digital age , confronts head-on the challenges facing our legal system and the potential for technology to bring much needed change. He brings his expertise from years of experience leading discussions on conceiving and delivering online justice and is rightly described here as charting and developing the public debate which will be of interest to a wide legal and lay audience alike. * Phillip Taylor MBE, Head of Chambers, and Elizabeth Taylor, Richmond Green Chamber * So why should it be compulsory reading? First, because it is a short, readable description of something that is bound to happen ... Second, Susskind writes about the law and IT with an unusual mixture of authority and simplicity. You do not have to be a lawyer or a computer geek to understand this book ... Third, the author approaches the subject from a firm grounding in principle, asking what the public want, and deserve, from a modern justice system, and explaining why the online court will provide it... * Lord Briggs, The Times * Clearly structured... the book very lucidly sets out some of the main issues related to online courts. * Vaclav Janacek, Modern Law Review * I encourage everyone who is listening to read the book. I think you will find extraordinary value on a lot of fronts... The discussion in this book of rule of law and what that means is truly illuminating. * Ralph Baxter, Legal Talk Network * Professor Susskind has always been a persuasive writer: now he has perfected a steamroller style that flattens opponents, doubters and waverers in a red hot torrent of argument. It is good fun. Very readable. And very human. * New Law Journal * Artificial Lawyer doesn't do book reviews very often, but when the godfather of legal tech sends you a copy of his latest tome it's hard not to give it a go... there are many touchstones inside this book. It makes you want to engage in long conversations with other people who care about the subject of A2J. It also drives you to think your own thoughts, which is always welcome. So, all in all a positive experience and one that has to be recommended. * Richard Tromans, Artificial Lawyer * If you are interested in the judicial system, you have to read it. This will not be difficult. Professor Susskind's prose comes at you with the force of an express train... Objections to the thesis that online courts are overwhelmingly good are lined up and each dispatched in three or four pithy pages. He is nothing if not ambitious. * Roger Smith, Law, Technology & Access to Justice * [A] new jewel in the legal ecosystem... * George Beaton, Remaking Law Firms * ... a fascinating read for lawyers and non-lawyers alike. It is clear that Professor Susskind is sincerely interested in the greater access to justice for ordinary people. * Scottish Legal News * ... a well-structured, highly readable and extremely informative book... I recommend this book highly for litigators, policy makers, law students and anyone interested in the future of legal dispute resolution. * Law Institute of Victoria Journal * The narrower focus of this work enables him to treat us to an extensive, deeper consideration of the subject. * Nick Holmes, Internet Newsletter for Lawyers * For anyone interested in the future of justice, and dispute resolution, more generally, whether in Courts or privately, and whether involving human beings, AI or a combination, Richard Susskind's new book is a must-read... it is the best book about the future of dispute resolution that exists and reinforces Richard's pre-eminent position as a thought leader and futurist. * Mark Beer, OBE, Chairman, The Metis Institute * Richard Susskind once more has produced a work that will stimulate debate and help fashion change and improvement. Online Courts and the Future of Justice is essential reading for those who care about the administration of justice. * Lord Burnett of Maldon, Lord Chief Justice of England and Wales * In this superb book, Richard Susskind has done us all a great service by demystifying the subject of courts and technology and laying bare our choices. The result is a wake-up call that we silence at our own peril. * Sundaresh Menon, Chief Justice of Singapore * In this ground-breaking book, Richard Susskind takes traditional views of justice, examines them through the lens of our modern technological era, and projects them into the future, to create a new vision of justice for the 21st century. Online Courts and the Future of Justice is essential reading for all those who desire a just society for everyone. * Beverley McLachlin, Chief Justice of Canada, 2000 to 2017 * If our calling as lawyers and judges to pursue justice is to have purpose in these times, we must open our minds to the notion that our service to the public can be improved through technology and innovative thinking. Richard Susskind's persuasive and thoughtful case for online and extended courts inspires us in our ongoing quest to expand access to justice for all. * Judy Perry Martinez, President, American Bar Association * Online Courts and the Future of Justice is a great and complex introduction and a guide to the topic. Susskind is mentioning many of his bright ideas and experiences and the language of the book is accessible for general public. The book is easy to read and easy to understand which is hard to achieve in such a complex topic. * Anna Blechova and Pavel Loutocky, Masaryk University Journal of Law and Technology *