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Equal Justice - Fair Legal Systems in an Unfair World (Hardcover)
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Equal Justice - Fair Legal Systems in an Unfair World (Hardcover)
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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.
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