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Making The Justice System Balance: Beyond The Zuber Report, Frederick H. Zemans

Frederick H. Zemans

The civil and criminal justice systems rely on a highly individualized dispute resolution process in which each litigant must both prosecute and present his or her own case with limited intervention by the court system and no direct involvement by the judiciary. Neil Brooks has noted that the adversarial system reflects the "political and economic ideology of classic English liberalism in three ways: by its emphasis upon self-interest and individual initiative; by its apparent distrust of the state; and, by the significance it attaches to the participation of the parties." Much of the current discussion of access to justice is …