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Author: Frederick Wilmot-Smith
Publisher: Harvard University Press
ISBN: 0674243730
Category : Law
Languages : en
Pages : 273
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Book Description
A philosophical and legal argument for equal access to good lawyers and other legal resources. Should your risk of wrongful conviction depend on your wealth? We wouldn’t dream of passing a law to that effect, but our legal system, which permits the rich to buy the best lawyers, enables wealth to affect legal outcomes. Clearly justice depends not only on the substance of laws but also on the system that administers them. In Equal Justice, Frederick Wilmot-Smith offers an account of a topic neglected in theory and undermined in practice: justice in legal institutions. He argues that the benefits and burdens of legal systems should be shared equally and that divergences from equality must issue from a fair procedure. He also considers how the ideal of equal justice might be made a reality. Least controversially, legal resources must sometimes be granted to those who cannot afford them. More radically, we may need to rethink the centrality of the market to legal systems. Markets in legal resources entrench pre-existing inequalities, allocate injustice to those without means, and enable the rich to escape the law’s demands. None of this can be justified. Many people think that markets in health care are unjust; it may be time to think of legal services in the same way.
Author: Frederick Wilmot-Smith
Publisher: Harvard University Press
ISBN: 0674243730
Category : Law
Languages : en
Pages : 273
Get Book Here
Book Description
A philosophical and legal argument for equal access to good lawyers and other legal resources. Should your risk of wrongful conviction depend on your wealth? We wouldn’t dream of passing a law to that effect, but our legal system, which permits the rich to buy the best lawyers, enables wealth to affect legal outcomes. Clearly justice depends not only on the substance of laws but also on the system that administers them. In Equal Justice, Frederick Wilmot-Smith offers an account of a topic neglected in theory and undermined in practice: justice in legal institutions. He argues that the benefits and burdens of legal systems should be shared equally and that divergences from equality must issue from a fair procedure. He also considers how the ideal of equal justice might be made a reality. Least controversially, legal resources must sometimes be granted to those who cannot afford them. More radically, we may need to rethink the centrality of the market to legal systems. Markets in legal resources entrench pre-existing inequalities, allocate injustice to those without means, and enable the rich to escape the law’s demands. None of this can be justified. Many people think that markets in health care are unjust; it may be time to think of legal services in the same way.
Author: Rebecca L. Sanderfur
Publisher: Emerald Group Publishing
ISBN: 1848552432
Category : Social Science
Languages : en
Pages : 288
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Book Description
Around the world, access to justice enjoys an energetic and passionate resurgence as an object both of scholarly inquiry and political contest, as both a social movement and a value commitment motivating study and action. This work evidences a deeper engagement with social theory than past generations of scholarship.
Author: Sahar Maranlou
Publisher: Cambridge University Press
ISBN: 1107072603
Category : Law
Languages : en
Pages : 277
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Book Description
A critical and in-depth analysis of access to justice from international and Islamic perspectives, with a specific focus on access by women.
Author: Deborah L. Rhode
Publisher: Oxford University Press
ISBN: 0195349474
Category : Law
Languages : en
Pages : 265
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Book Description
"Equal Justice Under Law" is one of America's most proudly proclaimed and widely violated legal principles. But it comes nowhere close to describing the legal system in practice. Millions of Americans lack any access to justice, let alone equal access. Worse, the increasing centrality of law in American life and its growing complexity has made access to legal assistance critical for all citizens. Yet according to most estimates about four-fifths of the legal needs of the poor, and two- to three-fifths of the needs of middle-income individuals remain unmet. This book reveals the inequities of legal assistance in America, from the lack of access to educational services and health benefits to gross injustices in the criminal defense system. It proposes a specific agenda for change, offering tangible reforms for coordinating comprehensive systems for the delivery of legal services, maximizing individual's opportunities to represent themselves, and making effective legal services more affordable for all Americans who need them.
Author: M. J. Trebilcock
Publisher: University of Toronto Press
ISBN: 1442612681
Category : Law
Languages : en
Pages : 577
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Book Description
Featuring contributions by leading Canadian and international scholars, practitioners, and members of the judiciary, this multidisciplinary collection draws on scholarship in the fields of law, social science, and public policy. There is a particular emphasis on family law, consumer law, and employment law, as these are the areas where research has indicated that unmet legal needs are highest.
Author: Martha Chumbler
Publisher:
ISBN: 9781641059572
Category : Government information
Languages : en
Pages :
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Book Description
"This book discusses features shared by state statutes that regulate public records and open meetings"--
Author: Paul Gomberg
Publisher: John Wiley & Sons
ISBN: 1405160810
Category : Philosophy
Languages : en
Pages : 194
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Book Description
HOW TO MAKE OPPORTUNITY EQUAL “Paul Gomberg makes a powerful and provocative case that real equality of opportunity can only be achieved by overturning the social division of labor that unfairly handicaps not just blacks but the working class in general.” —Charles W. Mills, University of Illinois at Chicago “An important and original contribution to contemporary debates about justice in political philosophy; an accessible introduction to those debates for students and the lay reader; and a powerful and important challenge to policymakers, educators and employers, to think hard about their responsibilities for enabling people to lead flourishing lives.” —Harry Brighouse, University of Wisconsin-Madison “In this impressive book, Paul Gomberg argues ardently, with great optimism, and with philosophical and sociological sophistication, for a radical new theory of egalitarian justice.” —David Copp, University of Florida Distributive injustices such as low pay, inferior healthcare and housing, as well as diminished opportunities in school continue to blight the lives of millions of the urban poor in America and beyond. This book announces a new theory of justice. Paul Gomberg: focuses on how race and class structure unequal life prospects shows how human society can be organized in a way that does not socialize children for lives of routine labor maintains that true equality of opportunity comes only when all labor, both routine and complex, is shared proposes a new paradigm for the theory of justice. While Rawls, Sen, Nozick, and Walzer conceive justice as addressing how various goods are fairly obtained or distributed, Gomberg argues that justice in distribution must advance contributive opportunities and duties. On Gomberg’s contributive theory of justice, each person contributes to society not for individual material gain, but from a sense of what is required in order to build just relations with others. Passionate and radical, but rigorously argued, this book makes a vital and original contribution to philosophy and social thought.
Author: Yash Ghai CBE
Publisher: Routledge
ISBN: 1135236135
Category : Law
Languages : en
Pages : 281
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Book Description
Marginalized Communities and Access to Justice is a comparative study, by leading researchers in the field of law and justice, of the imperatives and constraints of access to justice among a number of marginalized communities. A central feature of the rule of law is the equality of all before the law. As part of this equality, all persons have the right to the protection of their rights by the state, particularly the judiciary. Therefore equal access to the courts and other organs of the state concerned with the enforcement of the law is central. These studies – undertaken by internationally renowned scholars and practitioners – examine the role of courts and similar bodies in administering the laws that pertain to the entitlements of marginalized communities, and address individuals' and organisations' access to institutions of justice: primarily, but not exclusively, courts. They raise broad questions about the commitment of the state to law and human rights as the principal framework for policy and executive authority, as well as the impetus to law reform through litigation. Offering insights into the difficulties of enforcing, and indeed of the will to enforce, the law, this book thus engages fundamental questions about value of engagement with the formal legal system for marginalized communities.
Author: John RAWLS
Publisher: Harvard University Press
ISBN: 0674042603
Category : Philosophy
Languages : en
Pages : 624
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Book Description
Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.
Author: Bruce D. Strom
Publisher: Moody Publishers
ISBN: 0802487173
Category : Religion
Languages : en
Pages : 222
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Book Description
Can a justice system that doesn’t protect the poor be considered truly just? We have all heard the phrase, “You have the right to an attorney.” But did you know this is only true for those being accused of a crime in our country, not their victims? Without a legal advocate, innocent victims are left to fend for themselves. The church is called to do justice and love mercy. We are given the example of the Good Samaritan serving a victim in need, no matter the stigmas attached. But how are we to do this amidst the complexities of the current system? Bruce Strom left a successful legal career to start Administer Justice, a nonprofit organization providing free legal care to our most vulnerable neighbors. Gospel Justice calls churches across the nation to transform lives by serving both the spiritual and legal needs of the poor through participation in the Gospel Justice Initiative. It is not only a book for lawyers or pastors, though. Bruce Strom is calling each of us, the whole body of Christ, to join the cause of legal justice for the oppressed.
