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Vol 21 No 11 Nov/Dec 2016

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Towards a Just Society: Law, Labour and Legal Aid

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Alastair HudsonFaculty of Laws, Queen Mary and Westfield College, University of London

ISBN13: 9781855675469
ISBN: 1855675463
Published: September 1999
Publisher: Continuum International Publishing Group Ltd.
Country of Publication: UK
Format: Hardback
Price: £110.00



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This work analyzes the weaknesses in the established political approaches to reform of the provision of justice, judging them as being either too overtly concerned with inappropriate free market structures, or too wedded to legal procedural rules. It argues that the most efficient solution is an adapted version of legal aid as a kind of welfare state benefit and more integrated public services aimed at providing justice for the citizen.;The discussion traces the history of the Labour Party's legal affairs policy and examines some of the fault lines in the programme put forward by Lord Irvine, in particular, the tension between combatting social exclusion with a rights-based rhetoric and a policy based on crude cost management initiatives. The analysis applies emerging political concepts of globalization, hegemony and a closed legal system to this debate, while considering the conflicting principles of community, individual autonomy and public service accountability, to conceive both of the nature of the Blair project and the feasibility of creating the ""just society"" set out in Labour's new constitution.;A model for an integrated justice is proposed, centred on a Ministry of Justice administering legal aid through a community legal service, activating technological and structural reforms through a law foundation, and providing advice to citizens through a national advisory service.

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Contents:
Part 1 Rethinking the justice provision: Conservative approaches; Left of centre approaches.
Part 2 Theories of social change: social justice, law and the political programme.
Part 3 Publicly-funded legal services: the development of legal aid.
Part 4 Components of delivery: litigation and dispute resolution; the legal profession.
Part 5 Models for reform: structural change in the public sector; new structures.
Part 6 In place of injustice: citizen, judge and the public sphere. Appendix: access to justice.