Data di Pubblicazione:
2016
Abstract:
The studies on e-justice, that is Information Systems (IS) developed
in justice systems, scarcely focus on the topic of their evaluation.
Some scholars, such as Contini and Lanzara, and Kallinikos,1
advocate
adopting a set of design principles (such as system modularization)
to ensure quality performance of e-justice systems (EJS).2
However, measuring systems' performance has thus far been overlooked.
Scholars have missed measuring a dependent variable
because there is no evaluative framework through which to analyze
EJS. Bernoider and Koch made some attempts at evaluating e-justice.3
They analyze two Austrian e-justice systems (the Legal Information
System (LIS) and the Elektronischer Rechtsverkehr (ERV), an e-filing
system). These scholars evaluated the two systems' performance
using the DeLone and McLean model.4
However, the model was not
designed specifically for e-justice evaluation, and so it does not consider
that e-justice evaluation also needs to take into account the fact
that justice systems in a democratic society should support specific
values, such as equal access, transparency, respect of privacy, and
impartiality. Therefore, IS used in the justice sector should also support
these values. E-justice evaluation should be based on a model
that integrates IS evaluation methodology with variables that measure
the capacity of e-justice systems to support judicial values. In
this respect, the DeLone and McLean model by itself is not entirely
appropriate for grasping the complexity of e-justice assessment
because its focus on efficacy as a measure of IS performance is too
limited for the e-justice context.
The above arguments reflect the tenets of the Public Value
School5 and its criticism of the efficacy-oriented strategies of New
Public Management6 (NPM).7
The Public Value School criticizes the
NPM approach, stating that the evaluation of public-sector reforms
should consider their effects on private economic exchanges and
efficacy, as well as their support of collective preferences and values.8
On these grounds, the evaluation paradigms of public reforms elaborated
in the context of the Public Value School integrate managerial
strategies of assessment, which focus on efficiency, with strategies
of assessment that focus on public-values support.9
On this basis, this study proposes the design of an e-justice
assessment framework that integrates efficacy-oriented variables
with variables that focus on the judicial values that e-justice should
support. In so doing, it fills a gap in the literature that, as anticipated,
only focuses on efficacy-oriented variables when assessing
e-justice systems.
The first part of the study introduces the main methodologies
used for IS assessment that are a part of the IS and e-government
approaches (see Measuring IS Performances below) and explores the
DeLone and McLean model, which is the basis for the e-justice assessment
framework. The second part discusses judicial values that
justice systems and e-justice systems should support. Each value is
analyzed based on the literature and is transposed to the e-justice
context (see Justice Systems Values and e-Justice, page 57).
In the final part, the paper addresses the assessment framework,
integrating the DeLone and McLean model variables with a set of
variables that operationalize e-justice's capacity to support judicial
values (see A New Framework for e-Justice Evaluation, page 61). Here,
I introduce each variable's relative indicators and proposed operationalization.
The methodology consists in both quantitative and
qualitative methods of analysis.
Tipologia CRIS:
02.01 Contributo in volume (Capitolo o Saggio)
Keywords:
Evaluation; e-Justice; DeLone and Mclean Model
Elenco autori:
Lupo, Giampiero
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