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This article reports on four interrelated studies on self-representation by family litigants: a study of family litigants in Ontario; a survey of perceptions of lawyers in Ontario and Alberta; and a study of Canadian judges. There has clearly been an increase in self-representation in family cases. Lack of financial resources is the most significant reason for self-representation, but a significant number of the self-represented do not believe that they will have worse outcomes without a lawyer. Lawyers and judges report significant concerns about lack of representation, including fewer settlements and a slower process, with corresponding increased expenses for a represented party.
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Human rights movements and organizations all over the world cite the pursuit and preservation of dignity as one of their goals, but the legal implications of this term are highly contested. In Dignity and Judicial Authority, Rachel Bayefsky offers a theory of dignity that emphasizes respect for status, non-domination, and control over self-presentation to others. The book explains how US courts can recognize the loss of dignity as a legally actionable harm and provide remedies for this harm. In applying these ideas, the book explores a host of corresponding legal topics, including constitutional standing doctrine, the "dignitary torts," and court-mandated apologies. It demonstrates the connections between dignity and subjects such as jurisdiction and remedies, which help to delineate the bounds of judicial authority.
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