Abstract Discrimination law primarily relies on individual enforcement for addressing discrimination at work; yet those who are most impacted by discrimination are likely the least able to enforce their rights. The question then becomes: what role should individual enforcement play in discrimination law? Can we effectively abandon individual enforcement as part of the legislative model? Drawing on a mixed method, multi-year comparative study of the enforcement of age discrimination law in the UK, Australia and Sweden, this paper considers the gaps, limits and risks of the individual enforcement model in discrimination law. Integrating doctrinal analysis; statistical analysis of claims and cases, and data from the EU and OECD; qualitative expert interviews; and a survey of legal practitioners, this paper argues that while individual enforcement is inherently limited as a tool for achieving systemic change, it must remain part of any legislative model. Reflecting on the experience in Sweden, where individual enforcement of discrimination law is significantly curtailed, the paper posits that individual rights and individual enforcement remain important complements to other regulatory tools, particularly in jurisdictions with strong enduring age norms. Abandoning or severely restricting individual enforcement is unlikely to support either the macro or micro effectiveness of age discrimination law.
{"title":"Abandoning individual enforcement? Interrogating the enforcement of age discrimination law","authors":"A. Blackham","doi":"10.1017/lst.2023.8","DOIUrl":"https://doi.org/10.1017/lst.2023.8","url":null,"abstract":"Abstract Discrimination law primarily relies on individual enforcement for addressing discrimination at work; yet those who are most impacted by discrimination are likely the least able to enforce their rights. The question then becomes: what role should individual enforcement play in discrimination law? Can we effectively abandon individual enforcement as part of the legislative model? Drawing on a mixed method, multi-year comparative study of the enforcement of age discrimination law in the UK, Australia and Sweden, this paper considers the gaps, limits and risks of the individual enforcement model in discrimination law. Integrating doctrinal analysis; statistical analysis of claims and cases, and data from the EU and OECD; qualitative expert interviews; and a survey of legal practitioners, this paper argues that while individual enforcement is inherently limited as a tool for achieving systemic change, it must remain part of any legislative model. Reflecting on the experience in Sweden, where individual enforcement of discrimination law is significantly curtailed, the paper posits that individual rights and individual enforcement remain important complements to other regulatory tools, particularly in jurisdictions with strong enduring age norms. Abandoning or severely restricting individual enforcement is unlikely to support either the macro or micro effectiveness of age discrimination law.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":"43 1","pages":"3 - 28"},"PeriodicalIF":0.7,"publicationDate":"2023-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41988299","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract This paper evaluates the wide discretion afforded to planning decision-makers in England. It does so in respect of a key but often overlooked question in the transition to renewables: whether developers/owners of onshore wind projects should be required to provide a ‘bond’ to ensure decommissioning and site restoration (DSR) occurs. Bonds are financial instruments that evidence ability to fund DSR. They help avoid legacy issues (eg project abandonment) but carry a long-term cost burden for developers/owners. A study of 275 projects elicits three issues. First, a lack of government guidance on bonding, vague ‘threshold’ terms in law and policy and failure of planning decision-makers to consider how others had decided the question result in a lack of markers to inform discretion, with bonds being rare (present in only 15.6% of projects) and their stringency inconsistent. Secondly, this lack of markers legitimises risky, cost-saving practices prohibited in offshore wind, where government guidance informs bonding decisions. Thirdly, reasons for decisions are weak or absent, inhibiting achievement of the justifications for their provision in an administrative context (eg disciplining decision-making). Whilst discretion enhanced capacity to generate electricity from wind through enabling a reduction of market entry costs, assisting movement towards renewable energy targets, it resulted in abandonment risk being ignored. This mirrors strategies adopted elsewhere in England's energy sector, such as coal and oil and gas, where a ‘light touch’ approach to bonding has, traditionally, been deployed to avoid hindering project development.
{"title":"Planning, discretion and the legacy of onshore wind","authors":"C. Mackie","doi":"10.1017/lst.2022.50","DOIUrl":"https://doi.org/10.1017/lst.2022.50","url":null,"abstract":"Abstract This paper evaluates the wide discretion afforded to planning decision-makers in England. It does so in respect of a key but often overlooked question in the transition to renewables: whether developers/owners of onshore wind projects should be required to provide a ‘bond’ to ensure decommissioning and site restoration (DSR) occurs. Bonds are financial instruments that evidence ability to fund DSR. They help avoid legacy issues (eg project abandonment) but carry a long-term cost burden for developers/owners. A study of 275 projects elicits three issues. First, a lack of government guidance on bonding, vague ‘threshold’ terms in law and policy and failure of planning decision-makers to consider how others had decided the question result in a lack of markers to inform discretion, with bonds being rare (present in only 15.6% of projects) and their stringency inconsistent. Secondly, this lack of markers legitimises risky, cost-saving practices prohibited in offshore wind, where government guidance informs bonding decisions. Thirdly, reasons for decisions are weak or absent, inhibiting achievement of the justifications for their provision in an administrative context (eg disciplining decision-making). Whilst discretion enhanced capacity to generate electricity from wind through enabling a reduction of market entry costs, assisting movement towards renewable energy targets, it resulted in abandonment risk being ignored. This mirrors strategies adopted elsewhere in England's energy sector, such as coal and oil and gas, where a ‘light touch’ approach to bonding has, traditionally, been deployed to avoid hindering project development.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":"43 1","pages":"499 - 522"},"PeriodicalIF":0.7,"publicationDate":"2023-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46061416","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Disputes relating to cryptoassets have proliferated in recent years, along with the rise of the cryptoasset market. Some of these can be resolved using traditional principles of contract, tort or trust law, but proprietary issues raise particular conundrums. While cryptoassets have generally been accepted to be property, that is merely the starting point. To properly resolve proprietary disputes, it is necessary to provide a reasoned and robust explanation for why particular rules of title originally developed in the context of tangible property should apply. In turn, two foundational questions must be answered. First, what is the subject-matter of the property right in cryptoassets? And secondly, what is the proprietary effect of a blockchain transaction? These issues have received relatively little attention in the literature, which has focused on whether cryptoassets are property at all, and existing contributions (including the Law Commission's recent Consultation Paper on Digital Assets) which do engage these issues are far from reaching consensus. This paper critically examines those views and puts forward its own reasoned approach for the application of traditional rules of title to cryptoassets.
{"title":"The nature of property in cryptoassets","authors":"Timothy C. Y. Chan","doi":"10.1017/lst.2022.53","DOIUrl":"https://doi.org/10.1017/lst.2022.53","url":null,"abstract":"Abstract Disputes relating to cryptoassets have proliferated in recent years, along with the rise of the cryptoasset market. Some of these can be resolved using traditional principles of contract, tort or trust law, but proprietary issues raise particular conundrums. While cryptoassets have generally been accepted to be property, that is merely the starting point. To properly resolve proprietary disputes, it is necessary to provide a reasoned and robust explanation for why particular rules of title originally developed in the context of tangible property should apply. In turn, two foundational questions must be answered. First, what is the subject-matter of the property right in cryptoassets? And secondly, what is the proprietary effect of a blockchain transaction? These issues have received relatively little attention in the literature, which has focused on whether cryptoassets are property at all, and existing contributions (including the Law Commission's recent Consultation Paper on Digital Assets) which do engage these issues are far from reaching consensus. This paper critically examines those views and puts forward its own reasoned approach for the application of traditional rules of title to cryptoassets.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":"43 1","pages":"480 - 498"},"PeriodicalIF":0.7,"publicationDate":"2023-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41619353","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper discusses the accountability gap problem posed by artificial intelligence. After sketching out the accountability gap problem we turn to ancient Roman law and scrutinise how slave-run businesses dealt with the accountability gap through an indirect agency of slaves. Our analysis shows that Roman law developed a heterogeneous framework in which multiple legal remedies coexist to accommodate the various competing interests of owners and contracting third parties. Moreover, Roman law shows that addressing the various emerging interests had been a continuous and gradual process of allocating risks among different stakeholders. The paper concludes that these two findings are key for contemporary discussions on how to regulate artificial intelligence.
{"title":"Bridging the accountability gap of artificial intelligence – what can be learned from Roman law?","authors":"K. Heine, A. Quintavalla","doi":"10.1017/lst.2022.51","DOIUrl":"https://doi.org/10.1017/lst.2022.51","url":null,"abstract":"\u0000 This paper discusses the accountability gap problem posed by artificial intelligence. After sketching out the accountability gap problem we turn to ancient Roman law and scrutinise how slave-run businesses dealt with the accountability gap through an indirect agency of slaves. Our analysis shows that Roman law developed a heterogeneous framework in which multiple legal remedies coexist to accommodate the various competing interests of owners and contracting third parties. Moreover, Roman law shows that addressing the various emerging interests had been a continuous and gradual process of allocating risks among different stakeholders. The paper concludes that these two findings are key for contemporary discussions on how to regulate artificial intelligence.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47031173","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract The role of the state has been underplayed in scholarship on global health. Taking a historical view, this paper argues that state institutions, practices and ideologies have in fact been crucial to the realisation of contemporary global health governance and to its predecessor regimes. Drawing on state theory, work on governmentality, and Third World approaches to international law, it traces the origins of the ‘health state’ in late colonial developmentalism, which held out the prospect of conditional independence for the subjects of European empires. Progress in health was also a key goal for nationalist governments in the Global South, one which they sought to realise autonomously as part of a New International Economic Order. The defeat of that challenge to the dominance of the Global North in the 1980s led to the rise of ‘global governance’ in health. Far from rendering the state redundant, the latter was realised through the co-option and disciplining of institutions at national level. To that extent, the current order has an unmistakably imperial character, one which undercuts its declared cosmopolitan aspirations, as evidenced in the approach to vaccine distribution and travel bans during the Covid-19 pandemic.
{"title":"Between nation and empire: how the state matters in global health","authors":"J. Harrington","doi":"10.1017/lst.2022.48","DOIUrl":"https://doi.org/10.1017/lst.2022.48","url":null,"abstract":"Abstract The role of the state has been underplayed in scholarship on global health. Taking a historical view, this paper argues that state institutions, practices and ideologies have in fact been crucial to the realisation of contemporary global health governance and to its predecessor regimes. Drawing on state theory, work on governmentality, and Third World approaches to international law, it traces the origins of the ‘health state’ in late colonial developmentalism, which held out the prospect of conditional independence for the subjects of European empires. Progress in health was also a key goal for nationalist governments in the Global South, one which they sought to realise autonomously as part of a New International Economic Order. The defeat of that challenge to the dominance of the Global North in the 1980s led to the rise of ‘global governance’ in health. Far from rendering the state redundant, the latter was realised through the co-option and disciplining of institutions at national level. To that extent, the current order has an unmistakably imperial character, one which undercuts its declared cosmopolitan aspirations, as evidenced in the approach to vaccine distribution and travel bans during the Covid-19 pandemic.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":"43 1","pages":"461 - 479"},"PeriodicalIF":0.7,"publicationDate":"2023-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43537207","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Tasked with enforcing criminal law, public prosecutors worldwide enjoy broad discretion. Existing literature on prosecutorial discretion and accountability tends to discuss the regulation of prosecutorial discretion or analyse the influence of the procedural environment in which public prosecutors operate. This paper focuses on occupational culture as an important factor affecting prosecutorial decisions. It draws particular attention to an understudied aspect of prosecutors’ professional identity: legitimacy and, specifically, self-legitimacy, ie the belief public prosecutors have in their own legitimacy to make decisions in individual cases. The paper presents research findings from direct observations and interviews which reveal a sense of a loss of self-legitimacy amongst Crown Prosecution Service (CPS) staff due to the constant monitoring of their decisions by colleagues and managers. This all-pervasive managerialism, paradoxically, undermines the very legitimacy (and, relatedly, transparency) which the CPS has had to work so hard to develop since its inception.
{"title":"Professional identity, legitimacy and managerialism at the Crown Prosecution Service","authors":"Laurène Soubise","doi":"10.1017/lst.2022.47","DOIUrl":"https://doi.org/10.1017/lst.2022.47","url":null,"abstract":"Abstract Tasked with enforcing criminal law, public prosecutors worldwide enjoy broad discretion. Existing literature on prosecutorial discretion and accountability tends to discuss the regulation of prosecutorial discretion or analyse the influence of the procedural environment in which public prosecutors operate. This paper focuses on occupational culture as an important factor affecting prosecutorial decisions. It draws particular attention to an understudied aspect of prosecutors’ professional identity: legitimacy and, specifically, self-legitimacy, ie the belief public prosecutors have in their own legitimacy to make decisions in individual cases. The paper presents research findings from direct observations and interviews which reveal a sense of a loss of self-legitimacy amongst Crown Prosecution Service (CPS) staff due to the constant monitoring of their decisions by colleagues and managers. This all-pervasive managerialism, paradoxically, undermines the very legitimacy (and, relatedly, transparency) which the CPS has had to work so hard to develop since its inception.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":"43 1","pages":"425 - 442"},"PeriodicalIF":0.7,"publicationDate":"2023-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45552150","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Making Commercial Law Through Practice 1830–1970 by Ross Cranston. Cambridge: Cambridge University Press, 2021, 483pp (£85 hardback) ISBN: 978-1-107-19889-0","authors":"Catharine MacMillan","doi":"10.1017/lst.2022.46","DOIUrl":"https://doi.org/10.1017/lst.2022.46","url":null,"abstract":"law","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":"43 1","pages":"197 - 199"},"PeriodicalIF":0.7,"publicationDate":"2023-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44282344","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract The nature of separate legal personality is a perennial debate in corporate law. This paper uses insights from a previous iteration of the debate to argue that separate legal personality is best seen as a two-step process: it is a concession from the state to something real. That real thing is the economic concept of the firm, which has been recently debated within institutional economics. Viewing separate legal personality as a two-step process lets us explore whether the concession of separate legal personality is operating as it should. Law imposes no prerequisite requirement that a firm exists before establishing a company, nor limits firms to only one company. Law thus facilitates misalignments between the firm and the company. Such misalignments will only occur if two constituencies within the company structure – the ultimate shareholders and directors – consider it in their interests to create such misalignment. As a result, these misalignments harm third parties by allowing risk to be exported to them through opportunistic misalignment. This paper then explores the methods of misalignment and reviews current legal tools which are available to be deployed to re-align the company to the firm, and argues that they should be deployed.
{"title":"Fixing the misalignment of the concession of corporate legal personality","authors":"Jonathan Hardman","doi":"10.1017/lst.2022.44","DOIUrl":"https://doi.org/10.1017/lst.2022.44","url":null,"abstract":"Abstract The nature of separate legal personality is a perennial debate in corporate law. This paper uses insights from a previous iteration of the debate to argue that separate legal personality is best seen as a two-step process: it is a concession from the state to something real. That real thing is the economic concept of the firm, which has been recently debated within institutional economics. Viewing separate legal personality as a two-step process lets us explore whether the concession of separate legal personality is operating as it should. Law imposes no prerequisite requirement that a firm exists before establishing a company, nor limits firms to only one company. Law thus facilitates misalignments between the firm and the company. Such misalignments will only occur if two constituencies within the company structure – the ultimate shareholders and directors – consider it in their interests to create such misalignment. As a result, these misalignments harm third parties by allowing risk to be exported to them through opportunistic misalignment. This paper then explores the methods of misalignment and reviews current legal tools which are available to be deployed to re-align the company to the firm, and argues that they should be deployed.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":"43 1","pages":"443 - 460"},"PeriodicalIF":0.7,"publicationDate":"2023-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42176099","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract The paper surveys the intellectual property (IP) laws of seven Southern African Development Community countries to better understand the nature, scope, and depth of their patent laws with particular focus on their utilisation of TRIPS flexibilities to facilitate pharmaceutical access. The selected countries – Botswana, Malawi, Namibia, South Africa, Tanzania, Zambia, and Zimbabwe – represent a mix of both major and modest economies. While the current literature contains widespread assertions on the impact and effect of TRIPS on access to medicines in these countries and less-developed countries in general, this paper finds that the countries lack explicit and workable provisions implementing key TRIPS flexibilities. Hence, available TRIPS flexibilities have not been well utilised and it is often the complicated and unworkable domestic framework – rather than TRIPS – which becomes the stumbling block to pharmaceutical access. Another major finding is that patents may not be a major impediment in the region given that few patents and even fewer pharmaceutical patents are filed. The paper argues that since the surveyed countries are mainly net IP importers with similar developmental contexts and aspirations, the best approach would be to fully take advantage of existing flexibilities and more aggressively leverage policy space to engender access to cheaper medicines.
{"title":"Pharmaceutical patent law and policy in Africa: a survey of selected SADC member states","authors":"B. Mercurio, T. A. Adekola, C. Tsega","doi":"10.1017/lst.2022.43","DOIUrl":"https://doi.org/10.1017/lst.2022.43","url":null,"abstract":"Abstract The paper surveys the intellectual property (IP) laws of seven Southern African Development Community countries to better understand the nature, scope, and depth of their patent laws with particular focus on their utilisation of TRIPS flexibilities to facilitate pharmaceutical access. The selected countries – Botswana, Malawi, Namibia, South Africa, Tanzania, Zambia, and Zimbabwe – represent a mix of both major and modest economies. While the current literature contains widespread assertions on the impact and effect of TRIPS on access to medicines in these countries and less-developed countries in general, this paper finds that the countries lack explicit and workable provisions implementing key TRIPS flexibilities. Hence, available TRIPS flexibilities have not been well utilised and it is often the complicated and unworkable domestic framework – rather than TRIPS – which becomes the stumbling block to pharmaceutical access. Another major finding is that patents may not be a major impediment in the region given that few patents and even fewer pharmaceutical patents are filed. The paper argues that since the surveyed countries are mainly net IP importers with similar developmental contexts and aspirations, the best approach would be to fully take advantage of existing flexibilities and more aggressively leverage policy space to engender access to cheaper medicines.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":"43 1","pages":"331 - 350"},"PeriodicalIF":0.7,"publicationDate":"2023-01-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47799321","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract This paper examines in three parts how ADR is being embedded into the English civil justice system. Section 1 discusses how courts encourage settlements, and it argues that while mounting costs in litigation lead to negotiated settlements, the participation in ADR primarily mainly occurs when parties are referred to it in a timely manner. Section 2 investigates the time when disputants are referred to ADR, and it proposes a taxonomy formed by three stages in the dispute life cycle: (1) before parties contemplate litigation; (2) at the pre-action phase as a pre-condition to issue a claim; and (3) after a defence is entered. Section 3 notes that the court digitalisation program is increasing ADR referrals across the above three stages, and it argues that these referrals will be more effective when they are timely and coupled with suitable incentives and sanctions, but the latter must take into consideration the parties’ power asymmetries.
{"title":"Embedding alternative dispute resolution in the civil justice system: a taxonomy for ADR referrals and a digital pathway to increase the uptake of ADR","authors":"Pablo Cortés","doi":"10.1017/lst.2022.42","DOIUrl":"https://doi.org/10.1017/lst.2022.42","url":null,"abstract":"Abstract This paper examines in three parts how ADR is being embedded into the English civil justice system. Section 1 discusses how courts encourage settlements, and it argues that while mounting costs in litigation lead to negotiated settlements, the participation in ADR primarily mainly occurs when parties are referred to it in a timely manner. Section 2 investigates the time when disputants are referred to ADR, and it proposes a taxonomy formed by three stages in the dispute life cycle: (1) before parties contemplate litigation; (2) at the pre-action phase as a pre-condition to issue a claim; and (3) after a defence is entered. Section 3 notes that the court digitalisation program is increasing ADR referrals across the above three stages, and it argues that these referrals will be more effective when they are timely and coupled with suitable incentives and sanctions, but the latter must take into consideration the parties’ power asymmetries.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":"43 1","pages":"312 - 330"},"PeriodicalIF":0.7,"publicationDate":"2022-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41686249","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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