ATS1282 Lecture Notes - Lecture 8: Legal Aid Agency, Therapeutic Jurisprudence, Restorative Justice
26 Oct 2018
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Week 8 social inequality, access to justice and special courts. Access to justice > the ability of groups to use the law including access to lawyers, having their issues dealt with adequately, understanding the legal process. The law is premised on the idea that it is neutral and impartial, everyone"s equal in the eyes of the law. However, the law tends to favour those with societal means to access it e. g. money, power. This is the case in criminal and civil cases. The liberal critiques focus on the gaps between theory and practise. In theory, the law is fair due to philosophical (rule of law) and operational mechanisms (due process rights) which aim to guarantee that liberal democratic ideals of equality and justice prevail (white & perrone, 2015) Society is based on the unequal division of property, wealth and power. The law legitimises these inequalities that already exist.
