A human right to legal aid
| Abstract | If legal aid means nothing more than legal representation in court, then to that extent there is a right to legal aid, although of limited availability. It is a right that has been found to be implicit, in various legal systems and in human rights instruments. But a right to legal aid could mean so much more than a limited right to legal representation. I argue for legal aid in its broadest sense as a fundamental human right, guaranteeing public access not only to legal institutions and legal representation, but as well to legal information, legal advice, and legal education and knowledge. The key to establishing a right to a broader idea of legal aid lies in understanding the role of the state from a human rights perspective rather than a welfarist one. After reviewing cases and human rights treaties that describe a right to legal representation, I conclude that even that right is available only in limited circumstances. I then outline a new argument for a fundamental human right not only to legal representation, but to 'legal aid' more broadly understood. | |||||||||
| Keywords | No keywords specified (fix it) | |||||||||
| Categories | ||||||||||
| Options |
|
|||||||||
Download options| PhilPapers Archive |
Upload a copy of this paper Check publisher's policy on self-archival Papers currently archived: 5,705 |
| External links |
  Try with proxy. |
| Through your library | Only published papers are available at libraries |
Similar books and articlesDavid Luban (2007). Legal Ethics and Human Dignity. Cambridge University Press.
Robert P. George (ed.) (1996). The Autonomy of Law: Essays on Legal Positivism. Oxford University Press.
Riccardo Guastini (2000). On Legal Order: Some Criticism of the Received View. Ethical Theory and Moral Practice 3 (3):263-272.
J. W. Harris, Timothy Andrew Orville Endicott, Joshua Getzler & Edwin Peel (eds.) (2006). Properties of Law: Essays in Honour of Jim Harris. Oxford University Press.
Giovanni Sartor (2006). Fundamental Legal Concepts: A Formal and Teleological Characterisation. Artificial Intelligence and Law 14 (1-2):101-142.
James Boyle (ed.) (1992). Critical Legal Studies. New York University Press.
David T. Ritchie (2008). Mastering Legal Analysis and Communication. Carolina Academic Press.
Analytics
Monthly downloads |
Added to index2009-01-28Total downloads20 ( #61,589 of 549,426 )Recent downloads (6 months)1 ( #63,397 of 549,426 )How can I increase my downloads? |
My notes
Discussion
