lecture recording on 28 February 2025 at 13.14.03 PM

Introduction to Court and Truth-Seeking

• Exploration of the role of power and expertise in court systems.

• Discussion of the concept of a post-truth world, characterized by:

  • Diminished willingness to seek factual truths.

  • Increased emphasis on emotional reactions and perception.

  • Influencers and mass sentiment often outweigh factual discussions.

• The challenge for future generations: returning to a balanced pursuit of truth.

Becoming Familiar with the Legal Process

• Importance of understanding conflict resolution through courts.

• Courts serve as forums to resolve both private and public disputes.

• Key legal concepts in seeking resolution:

  • Judiciability: Is the subject matter appropriate for court?

  • Standing: Do the parties involved have the right to bring a case to court?

Judiciability Explained

• Definition: A claim must be actionable and not purely hypothetical.

• Example: You cannot sue for something that has not occurred or is abstract (e.g., Lochness monster).

Standing and Its Implications

• Private Standing: Historically required demonstration of direct personal harm.

• Evolution to a more liberal understanding, where:

  • A genuine interest must be shown.

  • No other reasonable means to resolve the issue exists.

• Important Cases Influencing Understanding of Standing:

  • Borowski: Introduced additional tests concerning unresolved issues.

  • Eastside Sex Worker Against Violence Society: Focused on public interest in standing.

  • Finlay: Expanded public interest standing beyond legislation to administrative actions.

Limitations in Judicial Processes

• Courts may not hear cases deemed too trivial or lacking merit.

• Statutes of limitations restrict the time frame to file lawsuits:

  • Variances exist across provinces and territories.

  • Important factors: nature of offense, identity of defendant, and jurisdiction.

• Societal factors limiting access to justice:

  • Need for resources, legal expertise, and financial support.

  • Examples of systemic advantages for wealthier litigants.

The Complexity of Delay in Legal Proceedings

• Time can be strategic in legal battles:

  • Delaying tactics can benefit more privileged parties.

  • Overlapping legal processes can lead to significant delays inherent to the justice system.

The Economic Aspect of Litigation

• Small Claims Court: Handles claims under 35,000.

• Superior Court deals with more complex civil matters.

• Understanding economic disparities impact access to justice.

Social Factors Affecting Dispute Resolution

• Modern societies are characterized by complexity and diversity, leading to:

  • More conflicts requiring innovative resolutions.

  • Shift from traditional to contract-based relationships in conflict scenarios.

The Role of Negotiation, Mediation, and Arbitration

• Negotiation: Unmediated discussions to resolve conflict.

• Mediation: Involves an impartial mediator to facilitate interest-based discussions.

• Arbitration: Resembles court but allows for flexibility regarding decision-making and can be less adversarial.

Costs of Alternative Dispute Resolution

• Settlement can sometimes lead to inequities and avoid addressing deeper power imbalances.

• Critical of mediation as potentially prioritizing peace over justice; ultimately limits legal precedents that contribute to societal justice.

Philosophical Considerations of Justice

• Engaging in discussions about justice moves beyond legal definitions; it includes understanding human relationships, empathy, and community.

• Philosophers such as Plato and John Rawls contribute to the evolving discourse on what constitutes true justice, emphasizing the necessity of dialogue and calculated fairness in society.

Conclusion

• The conversation around justice in legal systems is complex and multi-dimensional, involving law, philosophy, and individual circumstances.

• Essential for students to engage with these concepts holistically, preparing for future challenges and legal interactions.