Injustice in Person

The Right to Self-Representation

Nonfiction, Reference & Language, Law, Civil Procedure, Civil Rights
Cover of the book Injustice in Person by Rabeea Assy, OUP Oxford
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Rabeea Assy ISBN: 9780191511141
Publisher: OUP Oxford Publication: June 4, 2015
Imprint: OUP Oxford Language: English
Author: Rabeea Assy
ISBN: 9780191511141
Publisher: OUP Oxford
Publication: June 4, 2015
Imprint: OUP Oxford
Language: English

In common law jurisdictions, litigants are free to choose whether to procure legal representation or litigate in person. There is no formal requirement that civil litigants obtain legal representation, and the court has no power to impose it on them, regardless of whether the litigant has the financial means to hire a lawyer or is capable of conducting litigation effectively. Self-representation is considered indispensable even in circumstances of extreme abuse of process, such as in 'vexatious litigation'. Intriguingly, although self-representation is regarded as sacrosanct in common law jurisdictions, most civil law systems take a diametrically opposite view and impose obligations of legal representation as a condition for conducting civil litigation, except in low-value claims courts or specific tribunals. This disparity presents a conundrum in comparative law: an unfettered freedom to proceed in person is afforded in those legal systems that are more reliant on the litigants' professional skills and whose rules of procedure and evidence are more formal, complex, and adversarial, whereas legal representation tends to be made obligatory in systems that are judge-based and offer more flexible and informal procedures, which would seem, intuitively, to be more conducive to self-representation. In Injustice in Person: The Right to Self Representation, Rabeea Assy assesses the theoretical value of self-representation, and challenges the conventional wisdom that this should be a fundamental right. With a fresh perspective, Assy develops a novel justification for mandatory legal representation, exploring a number of issues such as the requirements placed by the liberal commitment to personal autonomy on the civil justice system; the utility of plain English projects and the extent to which they render the law accessible to lay people; and the idea that a high degree of litigant control over the proceedings enhances litigants' subjective perceptions of procedural fairness. On a practical level, the book discusses the question of mandatory representation against the case law of English and American courts and also that of the European Court of Human Rights, the International Criminal Tribunal for the former Yugoslavia, and the Human Rights Committee.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

In common law jurisdictions, litigants are free to choose whether to procure legal representation or litigate in person. There is no formal requirement that civil litigants obtain legal representation, and the court has no power to impose it on them, regardless of whether the litigant has the financial means to hire a lawyer or is capable of conducting litigation effectively. Self-representation is considered indispensable even in circumstances of extreme abuse of process, such as in 'vexatious litigation'. Intriguingly, although self-representation is regarded as sacrosanct in common law jurisdictions, most civil law systems take a diametrically opposite view and impose obligations of legal representation as a condition for conducting civil litigation, except in low-value claims courts or specific tribunals. This disparity presents a conundrum in comparative law: an unfettered freedom to proceed in person is afforded in those legal systems that are more reliant on the litigants' professional skills and whose rules of procedure and evidence are more formal, complex, and adversarial, whereas legal representation tends to be made obligatory in systems that are judge-based and offer more flexible and informal procedures, which would seem, intuitively, to be more conducive to self-representation. In Injustice in Person: The Right to Self Representation, Rabeea Assy assesses the theoretical value of self-representation, and challenges the conventional wisdom that this should be a fundamental right. With a fresh perspective, Assy develops a novel justification for mandatory legal representation, exploring a number of issues such as the requirements placed by the liberal commitment to personal autonomy on the civil justice system; the utility of plain English projects and the extent to which they render the law accessible to lay people; and the idea that a high degree of litigant control over the proceedings enhances litigants' subjective perceptions of procedural fairness. On a practical level, the book discusses the question of mandatory representation against the case law of English and American courts and also that of the European Court of Human Rights, the International Criminal Tribunal for the former Yugoslavia, and the Human Rights Committee.

More books from OUP Oxford

Cover of the book Comparative Reasoning in European Supreme Courts by Rabeea Assy
Cover of the book The Internal Market as a Legal Concept by Rabeea Assy
Cover of the book Big Data: A Very Short Introduction by Rabeea Assy
Cover of the book Understanding and Using Health Experiences by Rabeea Assy
Cover of the book Oxford Handbook of Infectious Diseases and Microbiology by Rabeea Assy
Cover of the book The Oxford Handbook of Early Modern European History, 1350-1750 by Rabeea Assy
Cover of the book Oxford Guide to Metaphors in CBT by Rabeea Assy
Cover of the book Hate Speech and Democratic Citizenship by Rabeea Assy
Cover of the book Normativity and Control by Rabeea Assy
Cover of the book The Pursuit of Development by Rabeea Assy
Cover of the book The Principles of the Law of Restitution by Rabeea Assy
Cover of the book Divine Powers in Late Antiquity by Rabeea Assy
Cover of the book Opening Strategy by Rabeea Assy
Cover of the book The Psychiatry of Adult Autism and Asperger Syndrome by Rabeea Assy
Cover of the book Collective Investment Schemes in Luxembourg by Rabeea Assy
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy