Online Courts and the Future of Justice

In spite of pushing for the online court so fervently. Richard Susskind (‘RS’) has not set out what the structure an online court should have or how it is to run. That is because, as he admits (p.5) that he is ‘not persuaded that a tight definition of online courts is either possible or desirable’. So, what is he saying that we ought to do? That is a good question. Essentially, nothing new. He is saying that we must use technology in our courts (we are). He is saying we have to have more disputes heard remotely and not in open, physical courts (we are – especially since Covid-19). The rest of his book has his views about justice and fairness, none of which are original. RS is adept at setting up ‘straw men’ to attack so that he can advance his arguments. For example, he claims that one objection to not having online hearing in which papers are filed online, judges sitting in their kitchens may not bother to read, then he says the same occurs with judges in ‘brick and mortar courtrooms’, and concludes that the criticism of online judges is no different from ‘brick and mortar’ judges. His chapters on artificial intelligence and what he calls ‘the computer judge’ reveal nothing extraordinary or revelatory. The truth is, the world, including the courts and judges acknowledge that technology has and will continue to change the way the courts work in dispensing justice, but the courts of individual jurisdictions will have to proceed at a pace depending on the state of technology available, and the money available, not just for equipment and systems, but also for training. ‘Online Courts and the Future of Justice’ is very accessible in that it is easy to read with no complex or complicated propositions. It is a difficult book to read because the author is so full of himself, and it becomes obvious, very early in the book, that he is out to promote himself more than the idea of the online court, which the world has already caught on. He appears to be pushing himself in to be engaged as a consultant to those who have extra money in their budget and have to spend them.

Richard Susskind has been arguing for years that the solution to the problems of citizens' access to justice lies in online courts. In 'Online Courts and the Future of Justice', he makes out a compelling case for such courts. He also provides convincing answers to the many objections that have been raised to them by doubters. Although Susskind is a passionate advocate of online courts, his argument is throughout balanced and scholarly. His writing is crystal clear and admirably free of complex, technical detail.

Digital support to the justice system will be key to our future courts. And online approaches too. Covid-19 has dialled up the need for us to be thoughtful about how, what and when we make progress. This is a 'get you going' primer for anyone dealing with issues today or trying to safely implement change that makes justice more timely in delivery - but sustaining the necessary protections.The Checklist of Critical Success Factors in the Appendix was a valuable addition.

Leitura fundamental sobre o futuro (presente) da Justiça e, especialmente, sobre ODR. Susskind tem uma escrita muito objetiva, leve e convincente. Recomendo muito!

Es el producto que he recibido más rápido en 20 años de compras a Amazon. El libro es mucho más grande de lo que Richard Susskind nos tiene acostumbrados. Es de pasta dura.