Equal Justice

Name: Equal Justice
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SKU: 9780674237568
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Fair Legal Systems in an Unfair World

By Frederick Wilmot-Smith

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Summary

Equal Justice by Frederick Wilmot-Smith presents a philosophical and legal argument for equal access to quality legal representation. The book challenges the prevailing norm that wealth influences legal outcomes, arguing that justice depends not only on laws but also on how legal institutions function. Wilmot-Smith insists that legal benefits and burdens should be equally shared and that any inequality must arise from fair procedures. He also explores practical ways to achieve this ideal, including providing legal resources to those unable to afford them and reconsidering the role of market forces in legal services, comparing this to debates around health care markets.
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Format: Hardback

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Equal Justice

$85⁹⁹

Book Hero Magic created this recommendation. While it's new and still learning, it may not be perfect - your feedback is welcome! IS THIS YOUR NEXT READ?

This book is suited for legal scholars, philosophers, policymakers, and readers interested in justice, legal ethics, and reforming legal systems to ensure fairness and equal access to legal resources.

It cannot be fair that wealthy people enjoy better legal outcomes. That is why Frederick Wilmot-Smith argues that justice requires equal access to legal resources. At his most radical, he urges us to rethink the centrality of the market to legal systems, so that those without means can secure justice and the rich cannot escape the law’s demands.

Description

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.

Book Hero Magic summarised reviews for this book. While it's new and still learning, it may not be perfect - your feedback is welcome! HOW HAS THIS BEEN REVIEWED?

The book is acclaimed as essential reading for those interested in the rule of law, praised for its depth, rigor, and philosophical foundation. Kirsty Brimelow of The Times highlights its core ethos of fairness. Former UK Supreme Court President David Neuberger acknowledges the book’s importance and radical proposals. Reviews from the Yale Law Journal commend its engagement and critique of laissez-faire legal markets, emphasising its provocative and rich analysis.

Book Details

INFORMATION

ISBN: 9780674237568

Publisher: Harvard University Press

Format: Hardback

Date Published: 01 October 2019

Country: United States

Imprint: Harvard University Press

Audience: Professional and scholarly

DIMENSIONS

Spine width: 25.0mm

Width: 156.0mm

Height: 235.0mm

Weight: 538g

Pages: 272

Collections

Education & Reference Frederick Wilmot-Smith Non-Fiction Philosophy & Psychology Philosophy & Stoicism Politics & Current Affairs

About the Author

Frederick Wilmot-Smith is a Fellow of All Souls College, University of Oxford. He has written on law and the legal system for, among other publications, the London Review of Books.