Meeting the Access to Civil Justice Challenge: Digital Inclusion, Algorithmic Justice, and Human-Centered Design

(2019) 19 Macquarie Law Journal 133-156

25 Pages Posted: 3 Sep 2019

See all articles by Lisa Toohey

Lisa Toohey

University of Newcastle Law School, Australia

Monique Moore

University of Western Australia, Students; University of Newcastle

Katelane Dart

University of Newcastle (Australia), Students

Daniel J. Toohey

University of Queensland - T.C. Beirne School of Law

Date Written: August 17, 2019

Abstract

Access to justice is crucial for a well-ordered society and a functioning economic system. This article focuses on what technology offers as a 'fourth wave' in access to justice, namely a unique range of mechanisms to help meet the extensive legal need in Australia.

The article sets out a number of case studies to illustrate the scope of technological change in civil justice, ranging from specialist delivery of legal information to automation platforms. Evident amongst the possibilities offered by technology are also concerns and challenges for ensuring that access to justice is appropriately realised.

It explores two of the most significant challenges-digital inclusion and algorithmic justice. Two very different potential solutions are then discussed-Black Box Tinkering and human-centered design, referred to contextually as Legal Design.

Keywords: legal design, artificial intelligence, access to justice, civil justice, algorithmic justice

JEL Classification: K40

Suggested Citation

Toohey, Lisa and Moore, Monique and Dart, Katelane and Toohey, Daniel J., Meeting the Access to Civil Justice Challenge: Digital Inclusion, Algorithmic Justice, and Human-Centered Design (August 17, 2019). (2019) 19 Macquarie Law Journal 133-156. Available at SSRN: https://ssrn.com/abstract=3438538 or http://dx.doi.org/10.2139/ssrn.3438538

Lisa Toohey (Contact Author)

University of Newcastle Law School, Australia ( email )

1 University Drive
Callaghan, 2308
Australia

Monique Moore

University of Western Australia, Students ( email )

35 Stirling Highway
Crawley, Western Australia
Australia

University of Newcastle ( email )

5 Barrack Road
Devonshire Building
NEWCASTLE UPON TYNE, NE1 7RU
United Kingdom

Katelane Dart

University of Newcastle (Australia), Students ( email )

Callaghan
Australia

Daniel J. Toohey

University of Queensland - T.C. Beirne School of Law ( email )

Forgan Smith Building (1)
The University of Queensland
St Lucia, Queensland 4072
Australia

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