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

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.