After Universalism: Re-Engineering Access to Justice

ISBN-13: 9781405112475 / Angielski / Miękka / 2003 / 180 str.

Richard Moorhead; Pascoe Pleasence

Opis

As state spending on legal services has come under pressure, so too has state commitment to equal access to justice. This volume brings together experts from around the world to look at what happens when the notion that justice should be available to everyone, regardless of means, is challenged.

• Explores the impact that increasing pressure on state spending onlegal services, and lower universal welfare provision have on the concept of -justice for all-.
  
• Draws together original research from leading contributors to debates about access to justice from Australia, the United States and Europe.
  
• Covers unrepresented litigants, public defenders, self-help legal services, state- and market-based alternatives to legal aid, and the adaptation of common law court procedures to aboriginal culture, among other topics.
  
• Emphasises the tensions between efficiency, equality and justice.
  
• Published in association with the prestigious Journal of Law & Society.

Spis treści

1. Access to Justice after Universalism, Introduction: Richard Moorhead (Cardiff Law School) and Pascoe Pleasence (Legal Services Research Centre).

2. Adversarial Mythologies: Policy Assumptions and Research Evidence in Family Law: Rosemary Hunter (Professor of Law and Director, Socio–Legal Research Centre, Law School, Griffith University).

3. Large Scale Map or the A–Z? The Place of Self Help Services in Legal Aid: Jeff Giddings (Associate Professor, Faculty of Law, Griffith University) and Michael Robertson (Senior Lecturer, Faculty of Law, Griffith University).

4. Targeting Legal Need: First Findings of the LSRC Periodic Survey: Pascoe Pleasence (Legal Services research Centre), Hazel Genn (Faculty of Laws, University College, University of London), Nigel J. Balmer, Alexy Buck and Aoife O Grady (all Legal Services Research Centre).

5. Legal Expenses Insurance Germany s Funding Concept As A Role Model: Matthias Kilian (Director of the Soldan Institute For Law Practice Management, Senior Research Fellow, Faculty of Law, University of Cologne).

6. The Law and the Desert: Alternative Methods of Delivering Justice: Louise Anderson (Native Title Registrar, Federal Court of Australia).

7. The Swedish Legal Services Policy Remix: The Shift from Public Legal Aid to Private Legal Expense Insurance: Francis Regan (Senior Lecturer in Legal Studies, Flinders University Adelaide, Australia).

8. Changing Patterns of Legal Representation in Divorce: From Lawyers to Pro Se: Lynn M. Mather.

9. Evaluating the Scottish Public Defence Solicitors Office: Tamara Goriely (former Senior Research Fellow, Institute of Advanced Legal Studies, University of London).

10. The Contingency Legal Aid Fund: A Third Way to Finance Personal Injury Litigation: David Capper (Reader in Law, Queen s University, Belfast).

O autorze

Richard Moorhead is Senior Research Fellow in the Institute of Advanced Legal Studies at Cardiff Law School. He is the co–author of More Civil Justice? The Impact of the Woolf Reforms on Pre–action Behaviour (2001), Quality and Cost: The Contracting of Civil, Non–Family Advice and Assistance Pilot (2001), Pioneers in Practice: The Community Legal Service Pioneer Partnership Research Project (2000) and Willing Blindness? OSS Complaints Handling Procedures (1999).

Pascoe Pleasence is Head of the Legal Services Research Centre at the Legal Services Commission. He is the author or co–author of Criminal Case Profiling Study: Final Report (2001), Local Legal Need (2001), Personal Injury Litigation in Practice (1998) and Profiling Civil Litigation: The Case for Research (1996).

Blurb

As state spending on legal services has come under pressure, so too has state commitment to equal access to justice. This volume brings together experts from around the world to look at what happens when the notion that justice should be available to everyone, regardless of means, is challenged by managerial and market paradigms and a general retreat from universal forms of welfare provision.

The book covers a broad range of topics, including unrepresented litigants, public defenders, self–help legal services, state– and market–based alternatives to legal aid, and the adaptation of common law court procedures to aboriginal culture. Drawing on original research from Australia, the United States and Europe, it emphasises the tensions between efficiency, equality, and justice.