This innovative book proposes new theories on how the legal system can be made more comprehensible, usable and empowering for people through the use of design principles. Utilising key case studies and providing real-world examples of legal innovation, the book moves beyond discussion to action. It offers a rich set of examples, demonstrating how various design methods, including information, service, product and policy design, can be leveraged within research and practice.
“Humanization and the Law” combines two current and complementary trends in the business-to-business (B2B) market of the legal industry: digitalization and humanization. On the one hand, digital transformation in corporate legal departments and law firms continues to advance. Contract management, e-discovery, due diligence, legal operations, and forensic data analysis are just a few examples of task areas where the use of intelligent software solutions minimizes legal risks and increases compliance, enables efficiency gains and cost reductions through automation, and allows faster and more agile responses to changing market demands and client expectations. On the other hand, the increasing number of failed digitalization projects shows that technology alone is not enough to successfully transform legal departments and law firms. Software solutions must be integrated into existing work processes, be easy to use, and provide real benefits in order to be accepted by employees. People and their ability to make decisions and lead others remain the focus in an increasingly digitalized legal industry. More than 20 authors provide insights into why human aspects matter for business, what organizations can do to increase the mental well-being and motivation of their employees, and how to prevail in the upcoming war for talent in the legal industry. “The legal industry has been largely dismissive of “soft skills” and “humanizing law.” One of the paradoxes of our time is that the ascendency of automation, artificial intelligence, blockchain, Big Data, and other technological platforms has elevated, not diminished, the importance of humanity. It is not only what distinguishes us from machines but it also enables us to apply our humanity to machines. The legal function will play an important role in this process but must first take a hard look at itself.” (Mark A. Cohen, in “Foreword”)
This visually rich, experience-led collection explores what design can do for legal education. In recent decades design has increasingly come to be understood as a resource to improve other fields of public, private and civil society practice; and legal design—that is, the application of design-based methods to legal practice—is increasingly embedded in lawyering across the world. It brings together experts from multiple disciplines, professions and jurisdictions to reflect upon how designerly mindsets, processes and strategies can enhance teaching and learning across higher education, public legal information and legal practice; and will be of interest and use to those teaching and learning in any and all of those fields.
Weaving together theoretical, historical, and legal approaches, this book offers a fresh perspective on the modern revival of the concept of allegiance, identifying and contextualising its evolving association with theories of citizenship.
This innovative book proposes new theories on how the legal system can be made more comprehensible, usable and empowering for people through the use of design principles. Utilising key case studies and providing real-world examples of legal innovation, the book moves beyond discussion to action. It offers a rich set of examples, demonstrating how various design methods, including information, service, product and policy design, can be leveraged within research and practice. Providing a forward-thinking outlook, this book presents an in-depth examination of how a human-centred, visual and participatory design approach can improve legal services and outcomes. Spanning numerous fields of legal practice, from education, housing and contracts to intellectual property, it highlights how visuals, information design and better communication can help prevent and solve legal problems. Chapters explore a new vision of lawyering and its potential to encompass a more creative and collaborative approach to legal practice. Legal Design will be of benefit to students and scholars seeking an up-to-date analysis of current trends related to legal design thinking and execution. It will also be a key resource for legal practitioners, policy-makers, government officials and business professionals looking to deepen their understanding of the field and improve their own design tools.
In its first and second editions, Tomorrow's Lawyers became an international bestseller, widely read and cited by practitioners and students. The third edition focuses on the law and lawyers in the 2020s. For Richard Susskind, the future of legal service is neither Grisham nor Rumpole. Instead, he predicts a world of online courts, AI-based global legal businesses, disruptive legal technologies, liberalized markets, commoditization, alternative sourcing, simulated practice on the metaverse, and many new legal jobs. This volume is a definitive and updated introduction to this future - for aspiring lawyers, and for all who want to modernize and upgrade our legal and justice systems. It offers practical guidance for everyone intending to build careers and businesses in law. Written in an era of greater technological advance than humanity has ever witnessed, this work is a call to arms: it challenges those who feel that the law and lawyers are somehow immune from technological advance; it draws attention to the unaffordability and inaccessibility of legal service, for businesses and citizens alike; it invites the next generation of lawyers to harness the power of technology in improving and even overhauling the way in which legal and court service is currently provided. Tomorrow's Lawyers identifies new opportunities for lawyers, new ways of helping clients and the community. It enjoins its readers to become involved in building the systems that will replace outmoded forms of legal work. It argues that it is both a privilege and an obligation for tomorrow's lawyers to embrace and bring about change. A must-read for legal undergraduates, aspiring and young lawyers, senior practitioners, leaders in law firms and legal businesses, law professors and law teachers.
Designing Indicators for a Plural Legal World engages with the role of quantification in law, and its impact on law and development and judicial reform. It seeks to examine how different institutions shape and influence the making and use of legal indicators globally. This book sheds light on the limitations of existing quantification tools, which measure rule of law due to their lack of engagement with contexts and countries in the Global South. It offers an alternative framework for measurement, which moves away from an institutional look at rule of law, to a bottom up, user centered approach that places importance on the lives that people lead, and the challenges that they face. In doing so, it offers a way of thinking about access to justice in terms of human capabilities.
Setting forth the building blocks of banking bailout law, this book reconstructs a regulatory framework that might better serve countries during future crisis situations. It builds upon recent, carefully selected case studies from the US, the EU, the UK, Spain and Hungary to answer the questions of what went wrong with the bank bailouts in the EU, why the US performed better in terms of crisis management, and how bailouts could be regulated and conducted more successfully in the future. Employing a comparative methodology, it examines the different bailout and bank resolution techniques and tools and identifies the pros and cons of the different legal and regulatory options and their underlying principles. In the post-2008 legal-regulatory architecture financial institution specific insolvency proceedings were further developed or implemented on both sides of the Atlantic. Ten years after the most recent financial crisis, there is sufficient empirical evidence to evaluate the outcomes of the bank bailouts in the US and the EU and to examine a number of cases under the EU’s new bank resolution regime. This book will be of interest of anyone in the field of finance, banking, central banking, monetary policy and insolvency law.
This book examines why laws fail and provides strategies for making laws that work. Why do some laws fail? And how can we make laws that actually work? This helpful guide, written by a leading jurist, provides answers to these questions and gives practical strategies for law-making. It looks at a range of laws which have failed; the 'damp squibs' that achieve little or nothing in practice; laws that overshoot their policy goals; laws that produce nasty surprises; and laws that backfire, undermining the very goals they were intended to advance. It goes on to examine some of the reasons why such failures occur, drawing on insights from psychology and economics, including the work of Kahneman and others on how humans develop narratives about the ways in which the world works and make predictions about the future. It provides strategies to reduce the risk of failure of legislative projects, including adopting a more structured and systematic approach to analysing the likely effects of the legislation; ensuring we identify the limits of our knowledge and the uncertainties of our predictions; and framing laws in a way that enables us to adjust the way they operate as new information becomes available or circumstances change. Key themes include the importance of the institutions that administer the legislation, of default outcomes, and of the 'stickiness' of those defaults. The book concludes with helpful checklists of questions to ask and issues to consider, which will be of benefit to anyone involved in designing legislation.
Available Open Access under CC-BY-NC licence. Exploring how justice is delivered at a time of rapid technological transformation, Justice in the Digital State exposes urgent issues surrounding the modernization of courts and tribunals whilst re-examining the effects on technology on established systems. Case studies investigate the rise of crowdfunded judicial reviews, the increasing use of data in justice system design, the digitalisation of tribunals, and the rise of ‘agile’ methodologies in building administrative justice systems. Joe Tomlinson’s cutting-edge research offers an authoritative and much-needed guide for navigating through the challenges of digital disruption.