Responsibility for the distributive legal and justice services Summary
Kenneth Kipnis begins his discussion of distributive legal and justice services by outlining the entitlement of the mentioned services. He asserts that the distribution of justice and legal services are not necessarily subject to market mechanisms. If such services adhered to market mechanism then they would operate strictly within the transactions between purchasers and suppliers. He compares justice and legal services distribution to services such as firefighting and education. What he means is that police services, firefighting services and education are provided not because it is in the public interest; rather, it is provided because the people are entitled to these services. Other people entitled to legal and justice services in the capacity of third party beneficiaries are children. Children have the prerogative to essential services such as healthcare and education. Since parents are also aware of these rights, they assume the responsibility of ensuring the provision and distribution of these services to their children making them third party beneficiaries in the process.
Kipnis believes that it is important to clarify the person obligated to provide legal and justice services, the form of that responsibility and the grounds for the said obligation. For a system that subscribes to an adversary system of adjudication, the people have the right to submit their complaints or disputes to the judiciary and have them resolved by a judge’s decision. Moreover, since there is a prerequisite of factual evidence in the judicial system, it is the obligation of the judge to create a system where both parties can defend their stances with evidence before issuing a judgment and subsequent reasoning for his or her decision. But perhaps the most important ingredient to successful adjudication according to Kipnis is the ability of the community to secure a right to information regarding what the law requires and permits for its citizens. For a judicial system to be successful, then every involved party should have essential legal and justice information at his or her disposal to ensure every individual has a fair chance in court, and the guilty do not benefit from the ignorance of innocent……..distributive legal and justice services
Kipnis takes a broader look at the operation of an adversarial judicial system in two ways, that is, a convivial system and a sophisticated system. Since the most prominent requirement of provision and distribution of legal and justice services is the concept of information, the two judicial systems have different approaches for attaining this prerequisite. For instance, the convivial system involves mass legal education of the citizens to grasp legal knowledge or simplification of the judicial system to ensure that every layman can discern the legal processes. In general, the functioning of a convivial judicial system requires simplicity of the judiciary and mass legal education to ensure every citizen is well versed with court proceedings.