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The Right to Justice

Charles K. RowleyDirector, The Locke Institute, USA

ISBN13: 9781852785260
ISBN: 1852785268
Published: April 1992
Publisher: Edward Elgar Publishing Limited
Format: Hardback
Price: £137.00



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The Locke Institute is an independent, non-partisan educational and research organization, seeking to engender a greater understanding of the concept of natural rights, its implications for constitutional democracy and for economic organization in modern society.;The aim of this book is to examine the role of powerful members of the organized Bar in the US, who exploit the rational ignorance both of their own colleagues and the wider electorate to pursue their own political agendas through the institution of the American Bar Association. The author's intention is to destabilize the equilibrium established by the legal services bureaucracy and expose its behaviour and the consequences of the principal actors to the lens of public choice, by narrowing the range of that rational ignorance on which the special interests ultimately depend for political influence, and by identifying incentives for a regrouping of forces in the market place for legal services into constellations more favourable to the deserving poor.

Contents:
Part 1 History: the historical perspective.
Part 2 The philosophic divide: goals; methods of analysis.
Part 3 Litigation, lobbying and the law: litigation and the common law; lobbying and the law of legislation.
Part 4 The purveyors and brokers of civil justice for the poor: the nature of the legal services bureacracy; the two ends of the avenue.
Part 5 The market in civil justice for the poor: producers who do not sell; consumers who do not buy; owners who do not control.
Part 6 The evidence: the battle over the budget; the hubris of ideology; the nemesis of poverty; the triumph of the special interests; inky blots and rotten parchment bonds.
Part 7 Towards tomorrow: the route to institutional reform.