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Report No. 79

20.2. Search for solutions to be regarded as a quest.-

It should not, however, be assumed that the adoption of the various measures recommended in this Report will solve the problem of arrears for all times to come. We have no such illusions, and would prefer to be a little sceptic till the implementation of our recommendations. The search for a permanent solution to the problem would be futile. In human history, in the long run, there are no solutions-only problems. The search for a solution must, therefore, be a continuous process. It is a quest, not a discovery.1

In the affairs of men-and particularly in a field in which many complex factors operate together and in which a satisfactory solution postulates a consideration of several aspects in conflict with each other-a permanent solution would be difficult. This or that aspect may with the passage of time, become prominent and others may shade into insignificance. No solution, even if it is satisfactory for the needs of the moment, would be effective for all times to come. Experience may reveal the inadequacy, or even the total inappropriateness, of a particular assumed solution; and fresh efforts may then have to be made to devise measures for dealing with the problem. This is precisely the reason why in most countries with whose legal systems we are familiar, the problem of delay and arrears in courts had to be examined more than once in the course of, say, the last half a century.

1. Daniel Borstin (Librarian of Congress) Democracy and its Discontents, extracted in Technology and Democracy, (Autumn 1978) American Review 66, 72.



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