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Showing posts from May, 2017

Dispute Resolution Outside of Courts: What We Expect of Ombuds in the UK

Naomi Creutzfeldt, University of Westminster & Ben Bradford, University of Oxford
Our article in the 50th anniversary LSR no 4 explored how people in the UK think about ombuds services and what encourages them to accept the decisions reached during dispute resolution processes. Much empirical evidence points towards the importance of trust and legitimacy in generating acceptance of the decisions made by legal authorities. Moreover, people seem to be more attuned to the quality of the process concerned rather than the outcome it delivers. The procedural fairness of legal authorities – the extent to which they make decisions in an unbiased fashion and adhere to principles of dignity, respect and voice – has consistently been found to be a more important predictor of trust, legitimacy and decision acceptance than the outcomes they provide. This research has mainly taken place in the context of the police and courts. However, one reason for the importance of procedural fairness may be th…

Imagined Law: "We followed the law word by word!"

Prof. Michael Birnhack, Tel Aviv University, Faculty of Law  Dr. Lotem Perry-Hazan University of Haifa, Faculty of Education
Our teachers in school, back in the 1970s and 1980s used to tell us that they had eyes in their backs, and that they could see us when they were writing on the blackboard. That was the old school way of trying to achieve discipline, by creating a sense of supervision. Discipline was achieved also through the schools’ architecture, typically with the principal’s office overlooking the schoolyard. And there was education too. Our teachers taught us right from wrong. Increasingly, the new school strives to achieve discipline and order by using technological means. Today, in many schools in western democracies, we find a host of technologies, typically Closed Circuit TV (CCTV) systems, and in American schools, one can find metal detectors, biometric identification and other technologies. Schools introduce these technologies in order to achieve security, safety, effici…