1. SUSTAINABLE JUSTICE
A
most
striking
innova.ve
concept
for
law
that
over
.me
will
transform
the
the
whole
legal
system
Presenter: Alexander F. de Savornin Lohman, Lawyer in Utrecht, The
Netherlands, Founder and owner of Center for Sustainable Justice
Lawyers
as
Peacemakers
and
Healers
Conference,
22-‐24
February
2013,
Phoenix
AZ
USA
2. Why
linking
Jus-ce
to
Sustainability?
• Jus.ce
is
an
agent
that
influences
the
quality
of
societal
environment
• Sustainability
thinking
is
penetra.ng
all
areas
of
life:
Why
should
the
jus.ce
system
be
excluded?
• Sustainable
thinking
is
the
most
appropriate
way
of
thinking
for
the
jus.ce
system
• Sustainability
is
the
nature
of
LADY
JUSTICE
Lawyers
as
Peacemakers
and
Healers
Conference,
22-‐24
February
2013,
Phoenix
AZ
USA
3. How
is
jus-ce
related
to
sustainability
of
society?
STATIC
PERSPECTIVE:
The
jus-ce
system
is
a
main
pillar
in
a
sustainable
society
DYNAMIC
PERSPECTIVE:
The
jus.ce
system
is
a
dynamic
change-‐agent
of
society.
It
is
aimed
to
and
has
the
poten.al
to
enhance
the
quality
of
life
in
society.
Lawyers
as
Peacemakers
and
Healers
Conference,
22-‐24
February
2013,
Phoenix
AZ
USA
4. SOCIAL
SUSTAINABILITY:
The
quality
of
life
in
society
depends
on
the
quality
of
rela.onships
in
society
mainly!
As
a
consequence:
The
MAIN
FOCUS
of
SUSTAINABLE
JUSTICE
should
be
on
IMPROVING
THE
QUALITY
OF
RELATIONSHIPS,
rather
than
crea.ng
legally
perfect
decisions!
Lawyers
as
Peacemakers
and
Healers
Conference,
22-‐24
February
2013,
Phoenix
AZ
USA
5. JUSTICE
IS
A
POWER
INSTITUTION
95%
OF
ALL
POWER
IMPULSES
WORK
OUT
HARMFUL
LESS
THAN
5%
LEAD
TO
CONSTRUCTIVE
AND
SUSTAINABLE
EFFECTS
Thanks
to
very
sophisIcated
management
of
the
power
of
water
during
many
centuries
the
Dutch
people
was
able
to
develop
in
agriculture,
industry,
sea
and
river
transportaIon,
engineering,
tourism,
to
very
high
levels.
Without
this
sustainable
use
of
hydropower
my
country
would
be
poor,
dangerous
and
unsafe
to
live
in.
JUDGES
ARE
THE
ENGINEERS
OF
JUDICIAL
POWER.
THEY
CAN
MANAGE
THEIR
POWER
CONSCIOUSLY
SO
THAT
THE
EFFECT
OF
THE
POWER
THAT
THEY
USE
WILL
LEAD
TO
CONSTRUCTIVE
AND
SUSTAINABLE
RESULTS
(WITHIN
THE
5%
MARGIN)
Lawyers
as
Peacemakers
and
Healers
Conference,
22-‐24
February
2013,
Phoenix
AZ
USA
6. CONSEQUENCES
FOR
THE
JUSTICE
SYSTEM:
• CHANGE
FOCUS
FROM
PAST
TO
FUTURE:
MAIN
FOCUS
ON
(A
BETTER)
FUTURE
instead
of/
rather
than
on
repara-on
of
(what
went
wrong
in)
the
past
• APPLICATION
OF
JUDICIAL
POWER
IN
A
MANNER
THAT
ENHANCES
THE
QUALITY
OF
LIFE
IN
THE
SOCIAL
ENVIRONMENT
Lawyers
as
Peacemakers
and
Healers
Conference,
22-‐24
February
2013,
Phoenix
AZ
USA
7. A
happy
message:
SUBCONSCIOUSLY
SUSTAINABILITY
THINKING
IS
INFECTING
THE
JUSTICE
SYSTEM
ALREADY
FOR
25
YEARS!
Watch
the
developments:
• Media-on
• Collabora-ve
Law
• Therapeu-c
Jurisprudence
• Drug
Courts
/
Problem
Solving
Courts
/
Community
Courts
• Mul--‐door
courthouses
• Restora-ve
Jus-ce
• Judge-‐led
seZlement
nego-a-ons
• Many
other
ini-a-ves
have
been
developed
anywhere
in
the
world
.
.
.
.
.
.
.
.
.
Lawyers
as
Peacemakers
and
Healers
Conference,
22-‐24
February
2013,
Phoenix
AZ
USA
8. What’s
What
wrong
needs
with
to
be
done
the
to
make
jus-ce
jus-ce
system
sustainable
?
?
Lawyers
as
Peacemakers
and
Healers
Conference,
22-‐24
February
2013,
Phoenix
AZ
USA
9. MUTUAL
RESPONSIBILITY
FOR
SUSTAINABLE
OUTCOMES:
• The
system
can
support
sustainability
• The
judicial
officer
can
behave
sustainable
In a system that is supportive to sustainability
individual judges can make
most anti-sustainable decisions and interventions.
In a court system that is a disaster for sustainability
individual judges can make
the nicest and most sustainable interventions and
decisions.
Lawyers
as
Peacemakers
and
Healers
Conference,
22-‐24
February
2013,
Phoenix
AZ
USA
10. THE
FIRST
THING
TO
KNOW:
What
is
a
conflict?
Lawyers
as
Peacemakers
and
Healers
Conference,
22-‐24
February
2013,
Phoenix
AZ
USA
11. THE
LOHMAN
CABBAGE
CONFLICT
MODEL
A
BASIS
FOR
A
SUSTAINABLE
AND
DYNAMIC
LEGAL
CORE
APPROACH
OUTER
LEAVES:
LEGAL
INTERESTS,
RIGHTS,
OBLIGATIONS
INNER
LEAVES:
SUPPRESSED
EMOTIONS
AND
EXPECTATIONS,
HIDDEN
AGENDAS,
POWER
GAMES
STALK:
CORE
OF
THE
CONFLICT
Lawyers
as
Peacemakers
and
Healers
Conference,
22-‐24
February
2013,
Phoenix
AZ
USA
12. SO:
WHAT
IS
A
CONFLICT?
• A
NATURAL
PHASE
IN
A
PROCESS
OF
GROWTH:
It
is
like
a
bud
of
a
plant
or
tree
in
the
winter
season
(like
the
cabbage
head).
SomeImes
winters
can
be
very
hard
and
challenging.
But
the
best
is:
Survive!
Go
through
it
and
become
stronger
by
doing
so,
rather
than
killing
the
process
of
growth.
• A
CLUSTER
OF
PENT-‐UP
IMMATURE
EMOTIONS
THAT
BARELY
NEED
MATURING:
The
emoIons
cannot
mature
as
long
as
they
have
not
been
shared.
The
dilemma
is
that
the
climate
can
be
yet
unappropriate
for
sharing/growing
(like
what
happens
in
nature
during
winterIme).
There
is
also
o^en
a
lot
of
fear
for
sharing
these
emoIons
as
they
can
seem
too
vulnerable
for
sharing.
Lawyers
as
Peacemakers
and
Healers
Conference,
22-‐24
February
2013,
Phoenix
AZ
USA
13. EMOTIONS
ARE
VALUABLE
SOURCES
OF
ENERGY
What
do
the
par.es
need?
• Support
to
go
through
their
challenges
• A
Safe
Space
• The
feeling
that
they
and
their
interests
are
safe
while
they
move
on
A
COURT
DECISION
TURNS
DOWN
THE
GROWING
PROCESS
Lawyers
as
Peacemakers
and
Healers
Conference,
22-‐24
February
2013,
Phoenix
AZ
USA
15. THE
EFFECT
OF
RETRIBUTION
ON
SUSTAINABILITY
OF
SOCIETY:
Criminal justice adds harm to society which is counterproductive to
sustainability unless the inflicted harm will lead to sustainable
improvement of social welfare and the degree of improvement
justifies the harm that is brought to society.
Lawyers
as
Peacemakers
and
Healers
Conference,
22-‐24
February
2013,
Phoenix
AZ
USA
16. MY
EXPERIMENT:
Tes-ng
the
EFFECTIVENESS
of
CONFLICT
RESOLUTION
SYSTEMS
from
SUSTAINABILITY
PERSPECTIVE
Using
a
test
method
from
leadership
and
organiza.onal
development.
Lawyers
as
Peacemakers
and
Healers
Conference,
22-‐24
February
2013,
Phoenix
AZ
USA
17. TESTING
SUSTAINABILITY
SUPPORT
OF
Media.on
Adversarial
Court
Li.ga.on
Drug
Courts
COMPARE
THE
RESULTS
WITH
AN
IDEAL
CULTURE
Lawyers
as
Peacemakers
and
Healers
Conference,
22-‐24
February
2013,
Phoenix
AZ
USA
18. OCI (Organizational Culture Inventory®) CIRCUMPLEX
CONSTRUCTIVE STYLES (blue):
• Achievement
• Self-Actualizing
• Humanistic-encouraging
• Affiliative
PASSIVE-DEFENSIVE (green):
• Approval
• Conventional
• Dependent
• Avoidance
AGGRESSIVE-DEFENSIVE (rd):
• Oppositional
• Power
• Competitive
• Perfectionistic
The colors in the Circumplex
are pooly chosen: Blue and
green should be reversed
Lawyers
as
Peacemakers
and
Healers
Conference,
22-‐24
February
2013,
Phoenix
AZ
USA
19. SCORE LEVELS OF THE OCI CIRCUMPLEX®
IN MY ASSESSMENTS I USE:
------------------------ VERY HIGH
------------------------ HIGH
------------------------ MEDIUM
------------------------ MEDIUM
------------------------ LOW
------------------------ VERY LOW
Lawyers
as
Peacemakers
and
Healers
Conference,
22-‐24
February
2013,
Phoenix
AZ
USA
20. HISTORICAL IDEAL ORGANIZATIONAL CULTURE:
KEY ISSUES:
• Very High scores in 3
Constructive styles
• Humanistic-encouraging
is the highest scoring
and most important
culture for sustainability
proven • High score in Affiliative
(not: Very High!)
• Medium scores in
Oppositional and in
Competitive! (no boring
relations / no escalation)
• Scores in all other
cultures: Very Low or
Low!
Lawyers
as
Peacemakers
and
Healers
Conference,
22-‐24
February
2013,
Phoenix
AZ
USA
21. ORGANIZATIONAL CULTURE OF MEDIATION:
KEY ISSUES:
• Pretty High scores in
Constructive Styles
• Affiliative scores High
(like the Ideal Culture)
• Oppositional and
Competitive score
Medium (like the Ideal
Culture)
• Approval got Medium
score: Logical as every
step to resolution
requires approval
• Other styles score Low to
Very Low (like Ideal
Culture)
Lawyers
as
Peacemakers
and
Healers
Conference,
22-‐24
February
2013,
Phoenix
AZ
USA
22. KEY ISSUES:
ORGANIZATIONAL CULTURE OF DRUG COURTS:
• Power scores High
(of course: Courts are power
institutions)
• Very High score in
Humanistic-encouraging
(like the Ideal Culture)
• Affiliative scores High (like
the Ideal Culture)
• Oppositional and
Competitive score Medium
(like the Ideal Culture)
• Power is applied effectively
in Humanistic-encouraging
ways to foster Achievement,
Self-actualization and
Affiliation
• Higher scores in other
cultures are functional in
order to afford Constructive
results
Lawyers
as
Peacemakers
and
Healers
Conference,
22-‐24
February
2013,
Phoenix
AZ
USA
23. ORGANIZATIONAL CULTURE OF ADVERSARIAL LITIGATION:
KEY ISSUES:
• No scores in Constructive
culture styles
• Power scores High
(of course: Courts are power
institutions)
• Very High scores in
Oppositional and
Competitive, which includes
unlimited escalation of
conflict
• Affiliative scores High (like
the Ideal Culture)
• Power is not applied
effectively in a Constructive
manner that supports
sustainability
• Very High in Avoidance as
justice eliminates emotions
Lawyers
as
Peacemakers
and
Healers
Conference,
22-‐24
February
2013,
Phoenix
AZ
USA
24. S U S T A I N A B L E
J U S T I C E
jus.ce
of
the
future
Has
its
full
focus
is
on
• IMPROVING
RELATIONSHIPS
• FOSTERING
MUTUAL
RESPECT
• SOLVING
SOCIETAL
PROBLEMS
• ADMINISTERING
JUDICIAL
POWER
IN
HUMANISTIC
ENCOURAGING
MANNER
Lawyers
as
Peacemakers
and
Healers
Conference,
22-‐24
February
2013,
Phoenix
AZ
USA
25. Links
to
transla-ons
in
English
of
publica-ons
of
Alex
de
Savornin
Lohman
on
Sustainable
Jus-ce:
(free
download)
h_p://ssrn.com/abstract=2210027:
Working
document
on
Sustainable
JusIce.
Document
presented
at
the
Expert
MeeIng
Sustainable
JusIce,
organized
by
the
Montainge
Center
for
Judicial
AdministraIon
and
Conflict
ResoluIon
at
the
University
of
Utrecht,
2
December
2011.
h_p://ssrn.com/abstract=2210037:
Explanatory
notes
on
Sustainable
JusIce.
Document
added
to
the
invitaIon
for
the
Expert
MeeIng
on
Sustainable
JusIce.
h_p://ssrn.com/abstract=1879951:
Sustainable
JusIce
–
Screening
of
conflict
resoluIon
systems
on
sustainability,
and:
how
does
RestoraIve
JusIce
fit
in
the
picture’.
ArIcle
published
in
the
Dutch/Flemish
Magazine
on
RestoraIve
JusIce
(Tijdschri^
voor
Herstelrecht
2012,
nr
4)
Lawyers
as
Peacemakers
and
Healers
Conference,
22-‐24
February
2013,
Phoenix
AZ
USA
