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| Tega Adjara |
However, the emergence of the COVID-19 pandemic forced a paradigm shift, compelling the industry to embrace technological solutions. As courtrooms transitioned into our living rooms and bedrooms, this extraordinary change has wielded a profound impact on the justice system and the practice of law, facilitating the reduction of backlog, cutting costs and fortifying the legal industry.
Douglas North on transaction cost
The renowned American scholar Douglas North once argued that the development of efficient institutions in the developed world, such as the United States, stems from the gradual reduction and elimination of transaction costs. North’s analysis extends to developing countries, where persistent poverty is attributed to exorbitant transaction costs inherent in business dealings. Issues like malfunctioning telephone systems, scarcity of spare parts and production interruptions plague these nations, indicating a lack of effective institutional infrastructure. Remarkably, North’s characterization of developing countries can be aptly applied to many justice systems before the advent of COVID-19. Thus, the introduction of virtual hearings with the aid of Zoom has significantly reduced transaction costs within the legal industry, making the justice system more equitable.
Technology’s role in institutional effectiveness
Navigating through the courtrooms of the Greater Toronto Area (GTA) from the comfort of one’s home using video conferencing technology resonates with North’s concept of how technology can enhance institutional effectiveness and, consequently, contribute significantly to a country’s development. The introduction of virtual technology stands as a monumental contribution of the legal profession toward reducing carbon emissions, aligning with broader societal and environmental goals.
The impact on the Canadian justice system
Despite advancements, the Canadian justice system still has room for improvement. However, contemplating the potential backlog without the adoption of virtual hearings underscores the indispensability of this technological innovation. Virtual hearings have not only expedited legal proceedings but have also demonstrated the adaptability of legal institutions in the face of adversity.
Karl Marx’s perspective on technology:
While Karl Marx is often associated with controversial ideas, his recognition of the importance of technology in shaping history aligns with North’s assertions. Marx and North converge on the belief that technology serves as a pivotal force in the trajectory of societal development, emphasizing its transformative potential across various spheres, including legal institutions. The style and nature of technology undoubtedly have a strong influence over social and economic organization in the communities and countries adopting it.
Conclusion
The technological revolution in legal institutions signifies a paradigm shift in how justice is administered and underscores the indispensable role of technology in fostering efficiency and adaptability. As societies continue to grapple with challenges, embracing technological solutions offers a pathway toward a more resilient and equitable justice system.
After completing his LLB at the University of East London, Tega Adjara pursued a specialized LLM in international law and the global economy. Adjara obtained a certification in leadership and management from the London School of Economics (LSE), then ventured to Canada to complete another LLM program at Osgoode Hall. Currently, he is an articling student at Camara Law Firm.
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