Taken lives matter: open justice and recognition in inquests into deaths at the hands of the state. Issue 2 (22nd June 2016)

• Record Type: Journal Article
• Authors: McIntosh, Sam
• Editors: Scott Bray, Rebecca; Martin, Greg
• Is Part Of: International journal of law in context. Volume 12:Issue 2(2016)
• Page Start: 141
• Page End: 161
• Publication Date: 2016-06-22
• Subjects: 340.11505
• DOI: 10.1017/S1744552316000057
• Languages: English
• ISSNs: 1744-5523

Abstract

Abstract: Lord Neuberger describes open justice as a procedural principle requiring that 'what goes on in court and what a court decides is open to scrutiny' (Neuberger, 2011). The prime rationale given for this principle is that it is a safety check on procedural fairness. Such a conception of open justice applies on only a superficial level in inquests into use-of-force deaths at the hands of the state. This paper examines the practice of, and rationales behind, opening up use-of-force deaths at the hands of the state to scrutiny through inquests. They suggest a primarily intrinsic rather than instrumental link between openness and inquests' purposes, which requires a reframing of traditional conceptions of open justice in this context. It is further argued that recognition theory can provide the normative link between openness and justice in these circumstances – a link that is implicit in the term 'open justice' but rarely explored in inquests.