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Download the file - United Nations Rule of Law

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even better, by showing <strong>the</strong> ones with power <strong>the</strong>benefits <strong>of</strong> increased security, or <strong>of</strong> a larger class<strong>of</strong> prosperous customers.This analysis also suggests which <strong>the</strong>oretical conceptsand strands <strong>of</strong> empirical knowledge can behelpful to improve access to justice:- Political economy and sociology can help toidentify <strong>the</strong> deals that have to be forged inorder to facilitate inclusion.- The image <strong>of</strong> delivery <strong>of</strong> justice through asupply chain, points towards <strong>the</strong> perspectives<strong>of</strong> transaction costs economics and logistics(supply chain management).- Legal anthropology, law and sociology, negotiation<strong>the</strong>ory, conflict resolution <strong>the</strong>ory andgame <strong>the</strong>ory can yield valuable informationabout <strong>the</strong> construction <strong>of</strong> environments tha<strong>the</strong>lp people to settle <strong>the</strong>ir differences.- Removing barriers to justice and <strong>the</strong> similaritiesto <strong>the</strong> delivery <strong>of</strong> health care or education,suggest remedies that emphasise <strong>the</strong> efficientcorrection <strong>of</strong> market failures (Shavell 1997,Barendrecht and van Nispen 2007). While <strong>the</strong>‘unmet legal needs’ framework typically leadsdirectly to proposals to increase legal aid subsidiesor build a better formal legal infrastructure,<strong>the</strong> market failure framework both <strong>of</strong>fersmore guidance on how to allocate scarcelegal aid subsidies and suggests o<strong>the</strong>r sorts <strong>of</strong>structural reforms that can improve access tojustice.- Knowing that <strong>the</strong> supply <strong>of</strong> justice is not apure market transaction, but involves publicgoods as well, and requires a substantial neutralinfrastructure invites <strong>the</strong> perspectives <strong>of</strong>government failure and <strong>of</strong> public management.- Many <strong>of</strong> <strong>the</strong> issues discussed above, and <strong>the</strong>links between access to justice and economicdevelopment, are topics studied by new institutionaleconomics, a body <strong>of</strong> thought thatemphasises <strong>the</strong> importance <strong>of</strong> public sectorinstitutions, including <strong>the</strong> legal system, ingenerating economic growth, and also focuseson transaction costs (North 1990).As we proceed with this section, we will discussfour strategies to improve access tojustice that have proven <strong>the</strong>ir value in practice,or seem to be particularly promising, and link<strong>the</strong>m to <strong>the</strong>se <strong>the</strong>oretical concepts. Our focuswill be on <strong>the</strong> need to respond to <strong>the</strong> essentialchallenge: how can <strong>the</strong> justness and fairness <strong>of</strong>what is delivered be improved, and, in particular,how can costs are decreased? For this reason, <strong>the</strong>reduction <strong>of</strong> transaction costs figures prominentlyin our analysis.We start at <strong>the</strong> client end <strong>of</strong> <strong>the</strong> supply chain,with concerns about facilitating self-help, education,and with <strong>the</strong> <strong>the</strong>oretical concept <strong>of</strong> imperfectinformation. Then we turn to <strong>the</strong> provision<strong>of</strong> legal services, using primarily a market failureperspective. Following this we will review strategiesto develop procedures that are better suitedto <strong>the</strong> legal needs and <strong>the</strong> resources <strong>of</strong> <strong>the</strong> poor.The potential <strong>of</strong> informal justice, and its links to<strong>the</strong> formal legal system, are discussed at <strong>the</strong> end<strong>of</strong> this section.Enabling Self Help with Informationand Community OrganisingFor a person with limited resources trying to getaccess to justice, <strong>the</strong> first (and sometimes <strong>the</strong>only) option is to decide what she can do herself.Her time may be less scarce than money. If shecan find ways to solve <strong>the</strong> problem without payinglegal fees that is what she will tend to prefer. Soa first strategy for legal empowerment may be toenhance <strong>the</strong> possibilities for self-help in <strong>the</strong> area<strong>of</strong> access to justice.18

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