Aims and Objectives of the Podcast: The justice landscape is changing in England & Wales, but also across the globe, with continents such as Asia, Africa & the Caribbean all embracing ADR as the solution to their Backlogs. Yet few embrace technology as a way of enabling ADR to support the mass resolution of Backlogs.
Does a tech/ADR combo solution alone solve anything?
How can we ensure the systems today do not ossify Civil Justice (CJ) in 100 years time?
What can a philosopher benefiting from taxidermy but nevertheless dead for almost 200 years tell? We free Jeremy Bentham from his box and meet a CJ reformer gagging to go again!
Listen to our recent podcast, titled ‘Dr Chinwe and Tony on Jeremy Bentham: # Overhaul of Litigation Pt. 1.’
In this series, we examined Jeremy Bentham’s background and contributions to legal philosophy. Our analysis focused on Bentham’s influential work, ‘An Introduction to the Principles of Morals and Legislation,’ examining the ‘hedonistic calculus’, which Bentham introduced as a method for evaluating the ‘moral rightness of actions based on their consequences for happiness.’
Dr Chinwe suggested that Bentham’s advocacy for a swift justice system was a call for Appropriate /Alternative Dispute Resolution (ADR).
Despite not explicitly mentioning ADR, his ideas resonate with the principles of efficiency and accessibility in resolving disputes.
Mr. Tony examined Bentham’s critiques of the legal system of his time and compared those insights to the current state of the legal system, revealing that his ideas remain relevant today.
We also incorporated insights from his mentees, particularly the contributions of John Stuart Mills, amongst others. On the one hand, Chinwe likened Bentham to Nostradamus, who foresaw future events. This comparison positions Bentham as a visionary whose ideas or thoughts on justice now align with contemporary methods of conflict resolution, such as ADR.
To reiterate, Bentham’s utilitarian principles emphasise ‘the greatest good for the greatest number.’ However, Tony explained why Bentham’s utilitarian principle of utilitarianism could be perceived or seen as a moral and immoral theory.
We concluded that Jeremy Bentham’s utilitarianism can enhance the effectiveness of ADR as a viable stand-alone option.
You can order my book ‘Appropriate Dispute Resolution in Comparative Perspectives Nigeria, the UK, and the US’ via #springer: https://link.springer.com/book/10.100….
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