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Access to Justice and Legal Aid: Comparative Perspectives on Unmet Legal Need

Editat de Dr Asher Flynn, Professor Jacqueline Hodgson
en Limba Engleză Hardback – 25 ian 2017
This book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need. The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way the law now operates in the twenty-first century. This book is essential reading for academics, students, practitioners and policymakers interested in criminal and civil justice, access to justice, the provision of legal assistance and legal aid.
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Specificații

ISBN-13: 9781509900848
ISBN-10: 1509900845
Pagini: 336
Dimensiuni: 156 x 234 x 30 mm
Greutate: 0.64 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

The book is timely because England is experiencing the effects of The Legal Aid, Sentencing and Punishment of Offenders Act 2012, which is a major social policy innovation.

Notă biografică

Asher Flynn is a Senior Lecturer in Criminology within the School of Social Sciences at Monash University.Jacqueline Hodgson is Professor of Law and Director of the Criminal Justice Centre in the School of Law, University of Warwick.

Cuprins

1. Access to Justice and Legal Aid Cuts: A Mismatch of Concepts in the Contemporary Australian and British Legal Landscapes Asher Flynn and Jacqueline Hodgson2. Challenges Facing the Australian Legal Aid System Mary Anne Noone3. Rhyme and Reason in the Uncertain Development of Legal Aid in Australia Jeff Giddings4. The Rise and Decline of Criminal Legal Aid in England and Wales Tom Smith and Ed Cape5. A View from the Bench: A Judicial Perspective on Legal Representation, Court Excellence and Therapeutic Jurisprudence Pauline Spencer6. Face-to-interface Communication: Accessing Justice by Video Link from Prison Carolyn McKay7. The Rise of 'DIY' Law: Implications for Legal Aid Kathy Laster and Ryan Kornhauser8. Community Lawyers, Law Reform and Systemic Change: Is the End in Sight? Liana Buchanan9. What if There Is Nowhere to Get Advice?James Organ and Jennifer Sigafoos10. The End of 'Tea and Sympathy'? The Changing Role of Voluntary Advice Services in Enabling 'Access to Justice' Samuel Kirwan11. Reasoning a Human Right to Legal Aid Simon Rice12. Cuts to Civil Legal Aid and the Identity Crisis in Lawyering: Lessons from the Experience of England and Wales Natalie Byrom13. Access to What? LASPO and Mediation Rosemary Hunter, Anne Barlow, Janet Smithson and Jan Ewing14. Insights into Inequality: Women's Access to Legal Aid in Victoria Pasanna Mutha-Merennege15. Indigenous People and Access to Justice in Civil and Family Law Melanie Schwartz16. Austerity and Justice in the Age of Migration Ana Aliverti

Recenzii

The book provides a sound introduction to the challenges of the Australian and UK legal aid sectors. Innovators will see within the essays opportunities for innovations to ameliorate the otherwise harsh consequences of systemic changes driven by funding cuts, rather than client needs.
Access to Justice & Legal Aid presents important perspectives on the crisis in unmet legal need in England, Wales and Australia, and makes a compelling case that governments at all levels should reverse the decline in support for legal aid and address the unmet legal need forthrightly.
This book is a welcome contribution to the 'excellent but thin' body of literature examining access to justice in Australia, and its comparative perspective adds a level of depth to that understanding. Practitioners, researchers and policymakers will all take something from this collection.
Overall, this is an excellent and informative book. It will be of great use both to the novice wanting an introduction of contemporary issues in access to justice and legal aid and to the specialist wishing to deepen their knowledge and stimulate further discussion and debate. Perhaps most of all, it ought to be considered required reading for policy-makers in this area.