by Nicolas Garon
Repository Citation
Nicolas Garon THE RIGHT TO A JUST REMEDY IN PRIVATE LAW—A RIGHT AND A HUMAN INSTINCT: AN ANALYSIS OF HOW GREED AND LAWLESSNESS REMOVES CONFIDENCE Spring 2024 Int’l J. L. Ethics Tech. 2 (2024).
Available at: https://www.doi.org/10.55574/DFMH7601
Author Information: Southern University Law Center, USA
Abstract:
This article explores the fundamental concept of justice and the right to a remedy in private law. Specifically, the question of whether the belief that justice will prevail is a spoiled concept to have, and only shared by populaces in places without corruption, rule of law issues, etc. The paper delves into the historical and global recognition of the rights of obligees, and scrutinizes the diminishing trust and conviction in justice, especially in jurisdictions plagued by corruption and weak rule of law. Bribery and corruption in judicial systems undermine access to remedies, particularly for the poor, and contribute to the erosion of faith in the judiciary. The analysis extends to non-state judiciaries, exploring the role of tribal courts in addressing private law matters in regions with challenges in formal legal systems. Ultimately, the paper contends that the instinct for justice is a timeless and universal human trait, inherent in the evolution of legal systems. While corruption and external influences can erode confidence, the desire for a just remedy remains engrained.
Keywords: justice, corruption, judicial corruption, instinctive access to justice, sociology of remedies and their opinions, comparative legal systems
Tables of contents
Attribution 4.0 International (CC BY 4.0)
Persistent link: https://www.ijlet.org/2024-2-263-276/
DOI: https://www.doi.org/10.55574/DFMH7601
Full-text PDF article