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A full trial has become an uncommon phenomenon in many legal systems, replaced largely by promotion of settlement and plea-bargaining. This book uncovers today's judicial role in this radically changed legal setting using multiple methods. Over five years, researchers analyzed court dockets, studied judges in action, and conducted interviews with judges and lawyers. This book, which spans several legal cultures, follows in the footsteps of the 'vanishing trial phenomenon', probing its existence beyond common law systems. In doing so, it provides insights into the changing judicial role and the metamorphosis of legal systems. Offering a new perspective on possible futures of legal systems, including the use of artificial intelligence, the authors provide a rich context for legal scholars and policymakers to redesign the architecture of conflicts. Moreover, they introduce new jurisprudential perspectives on the relationship between law and conflict resolution, with an emphasis on the judicial role.
List of contents
Introduction; Part I. Vanishing Trials, Transformed Legal Systems: 1. Judicial role in transition; 2. The comparative landscape; 3. New legal Families; Part II. Settlement Practices and Perspectives of Judges: 4. Challenges of studying judges; 5. Untold narratives: stories judges and lawyers tell about the Judicial role in settlement; 6. Power and persuasion: the judicial role as reflected in courtroom observations; Part III. Legal Metamorphosis?: 7. A new paradigm for judicial involvement; 8. New horizons of mediation; 9. The law - end or turning point?; Conclusion; Index.
About the author
Michal Alberstein, SJD Harvard University, is Dean of the Faculty of Law, Bar-Ilan University, Israel. A renowned expert in conflict resolution, she has received numerous academic honors and authored several books. This book's findings were made possible by a prestigious five-year granted to her from the European Research Council.Nofit Amir is a lawyer, mediator, and researcher in comparative law and civil procedure at Bar Ilan University, Israel. Her research examines the evolving role of judges in an age of settlement through a comparative lens, focusing on judges in Israel, Italy, England and the US.
Summary
To date, most cases settle in both civil and criminal justice. The traditional trial-focused role of judges has vastly changed, remaining largely unformulated. This book uncovers today's judicial role through multiple research methods, and will be an invaluable resource for researchers in jurisprudence and criminal justice, and practitioners.
