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Equal Justice: Fair Legal Systems in an Unfair World

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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 law 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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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 law 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.

12 review for Equal Justice: Fair Legal Systems in an Unfair World

  1. 5 out of 5

    Janice Chan

    Drives home an obvious flaw in our legal system, that is “the market distribution of legal resources makes outcomes depend in part upon antecedent wealth”. Antecedent wealth is therefore the arbitrary factor that dictates the distribution of benefits and burdens of legality in society. In no world should our justice system be made into another apparatus for the hegemony of neoliberalism.

  2. 5 out of 5

    Tim Pilkington

  3. 4 out of 5

    Agustin Reyna

  4. 4 out of 5

    Mason Miller-Breetz

  5. 5 out of 5

    Kav

  6. 5 out of 5

    Kacper Kryk

  7. 5 out of 5

    Abbie

  8. 5 out of 5

    Judith

  9. 4 out of 5

    Tom Boyle

  10. 4 out of 5

    Chloe Lee

  11. 4 out of 5

    Marco Chumbimuni

  12. 5 out of 5

    Brendan Donohue

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