While legal technology may bring efficiency and economy to business, where are the people in this process and what does it mean for their lives?Around five billion people globally are unable to ...address their everyday legal problems and do not have the security, opportunity or protection to redress their grievances and injustices. Courts and legal institutions can often be out of reach because of costs, distance or a lack of knowledge of rights and entitlements and judicial institutions may be under-funded leading to poor judicial infrastructure, inadequate staff, and limited resources to meet the needs of those who require such services.This book sets out to embed access to justice into mainstream discussions on the future of law and to explore how this can be addressed in different parts of the legal industry. It examines what changes in technology mean for the end user, whether an ordinary citizen, a client or a student. It looks at the everyday practice of law through a sector-wide analysis of law firms, universities, startups and civil society organisations. In doing so, the book provides a roadmap on how to address sector-specific access to justice questions and to draw lessons for the future. The book draws on experiences from judges, academics, practitioners, policy makers and educators and presents perspectives from both the Global South and the Global North.
Debates are ongoing on the limits of - and possibilities for - sovereignty in the digital era. While most observers spotlight the implications of the Internet, cryptocurrencies, artificial ...intelligence/machine learning and advanced data analytics for the sovereignty of nation states, a critical yet under examined question concerns what digital innovations mean for authority, power and control in the humanitarian sphere in which different rules, values and expectations are thought to apply. This forum brings together practitioners and scholars to explore both conceptually and empirically how digitisation and datafication in aid are (re)shaping notions of sovereign power in humanitarian space. The forum's contributors challenge established understandings of sovereignty in new forms of digital humanitarian action. Among other focus areas, the forum draws attention to how cyber dependencies threaten international humanitarian organisations' purported digital sovereignty. It also contests the potential of technologies like blockchain to revolutionise notions of sovereignty in humanitarian assistance and hypothesises about the ineluctable parasitic qualities of humanitarian technology. The forum concludes by proposing that digital technologies deployed in migration contexts might be understood as 'sovereignty experiments'. We invite readers from scholarly, policy and practitioner communities alike to engage closely with these critical perspectives on digitisation and sovereignty in humanitarian space.
Crowdsourcing, Constructing and Collaborating brings together individuals and groups engaged in building and sustaining platforms for online collaboration and participation, to explore and reflect on ...the methods, challenges and potentials of the technology of crowdsourcing, and mapping of social impact. It brings together people directly involved in a range of projects from around the world-I Paid A Bribe, Environmental Justice Atlas, HarassMap, Intolerance Tracker, Visualizing Palestine, and Humanitarian Tracker-to critically reflect on the tactics, methods, challenges and opportunities of crowdsourcing and crowd-mapping as tools for social, environmental and political change. In an accessible and visually engaging style, it shows how participatory digital media become crucial components of journalistic, scholarly and activist practices, addressing a range of topical challenges, including economic corruption, sexual harassment, political violence and environmental conflict, in diverse geographic contexts.
In this essay, which serves as a response to Professor Yeung’s lecture and paper, I will focus on the implications that NPA has in terms of agency for the public. Agency, to draw from the work of ...Amartya Sen, is the capacity of people to achieve their goals and values. To do so, they need to have the opportunities and the capacities to participate in public life, and the space to engage in deliberative discussions, such that the decisions about them are not made without them. Accounting for public reasoning in decision making requires considering not only that there must be contestation and disagreement that takes place, but also that this contestation will necessarily be plural by design.
Workshop Report Herklotz, Tanja; de Souza, Siddharth Peter
Verfassung und Recht in Übersee,
01/2018, Volume:
51, Issue:
3
Journal Article
Peer reviewed
The developments in India since the new millennium have shown that gender equality is a topic in constant flux and dynamic change. In recent years, the Indian Parliament has passed key legislations ...on maternity benefits, surrogacy, HIV/Aids prevention, sexual harassment in the workplace, and amendments to the criminal law with respect to gendered violence. The Indian Supreme Court has of late delivered landmark judgments on the rights of gay and transgender people and Muslim women. In addition to the Supreme Court and the Parliament, other actors have also had a very significant role to play in legal and societal changes in India: For instance, the Law Commission of India, civil society actors such as women's rights organisations or the LGBTIQ movements, interest groups such as the Mumbai bar dancers, non-state dispute resolution systems such as Shariat courts, Khap panchayats or "women's courts" and religious organisations such as the All India Muslim Personal Law Board have all impacted the development of India's legal landscape.
An exploratory qualitative analysis of Law and Development (L&D) course descriptions reveals plurality and heterodoxy across time zones through the way in which they approach ‘law’ and ‘development’. ...We see this contestedness as a manifestation of the inherent power asymmetries of the field and offer the notion of time zones to better describe plural and contested forms of L&D knowledge. We seek to explore teaching as an important arena where knowledge is created and argue that the characteristics of substantive complexity and methodological heterodoxy of L&D provide promising conditions for making teaching more inclusive and reflexive. In this way, teaching can help in further provincialising the field. Additionally, inclusiveness and reflexivity can also have an impact on the epistemological trajectory of L&D more broadly by giving voice to a diversity of narratives, concepts and values.
This paper introduces the notion of legal tech solutionism and argues for how in an age where the development of legal tech is seen as a panacea for all ills it is important to evaluate the use and ...lifecycle of the technology before introducing it as a solution to the complex and structural problems that plague legal systems. It explores the framework of legal design and argues that legal design provides for a grounded and contextual approach to the development of legal products, content and services. To do this, the paper develops an approach that operates at three levels, including the value of building for usability, the importance of collaboration and community and the value of designing for many worlds to ensure an engagement with a plurality of contexts in the development of legal tech through evolving a grounded approach.
This paper discusses the idea of community data that was introduced in the Non-Personal Data framework in India. Our interest is to engage with existing commentaries on the definitional challenges ...around who is a community, how it is constituted, who it represents, as well as propose a framework to be able to explore how to address concerns of access to justice. In our attempt to offer a model to operationalise community data, we argue that such community data includes three crucial aspects, that is, the identification of belonging with a community, the capacity to participate within a community, and finally opportunity to exit the community. Consequently, justice in terms of access to, and use of community data inherently includes an analysis of the individual’s standing in the community.
COVID-19 AND THE CONSTITUTION Divan, Vivek; Mishra, Gargi; Verma, Disha ...
Sur : international journal on human rights,
12/2021, Volume:
18, Issue:
31
Journal Article
Peer reviewed
Open access
The 'Covid-19 and the Constitution' timeline is a web-based resource conceptualized and developed by Center for Health Equity, Law and Policy in collaboration with Justice Adda and Vaibhav Bhawsar. ...It documents Indian legal and policy responses to the pandemic and contextualizes them with fundamental rights guaranteed in the Indian Constitution. The timeline also offers illustrated personal narratives and experiences of citizens' varied struggles, along with critical commentary on emerging issues that implicate fundamental rights. Through this paper, the authors elucidate on the motivations, aims and methodologies which undergird the project. The authors hope that the project will serve to shape rights-based responses to future health challenges, in India and elsewhere.
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