Legal systems and jurisprudence, including comparative law, international law, constitutional law, legal theory, law and society, and interdisciplinary legal studies
6 papersThis paper argues that Britain's justice system, contrary to its ideal of equality, is fundamentally biased towards the wealthy and powerful. It details how financial barriers, judicial culture, and lax regulation enable a system where access to justice depends on financial means, eroding public trust.
Three experts declare that the Israeli attacks on Gaza since October 7, 2023 show indicia of genocide based on statements by Israeli officials, scale of destruction, and historical precedents of genocide. They emphasize the "intent to destroy" Palestinians and the deliberate infliction of conditions calculated to cause physical destruction.
This introduction to a special issue of the Oñati Socio-Legal Series summarizes 13 research papers exploring judicial independence and the rule of law under authoritarian challenges. The papers examine institutional path dependence, judicial ideology, and resistance strategies within judiciaries across various countries, with a focus on Central and Eastern Europe.
The increasing use of AI in legal systems, particularly in areas like sentencing and risk assessment, poses a significant threat to the rule of law. The complexity and opacity of AI algorithms, combined with potential biases in data, raise concerns about transparency, accountability, and the ability of individuals to contest decisions. The article calls for a deeper understanding of these challenges and emphasizes the need to balance the benefits of AI with the fundamental principles of justice.
The article explores the concept of "digital invisibility" in Brazil, defining it as the inability to access digital government services, particularly among vulnerable groups. It argues that relying solely on technological tools for public administration can exacerbate social inequalities and hinder the realization of fundamental social rights, calling for combined digital and analog solutions.
The article examines the Duke lacrosse scandal, focusing on the unethical conduct of District Attorney Mike Nifong. His actions, driven by political motivations and disregard for exculpatory evidence, had severe consequences for the accused, the legal profession, and the community, yet the penalties imposed were deemed inadequate.