Politics, Philosophy and Economics 20 (1):99-123 (2021)
AbstractThe adversarial legal system is traditionally praised for its normative appeal: it protects individual rights; ensures an equal, impartial, and consistent application of the law; and, most importantly, its competitive structure facilitates the discovery of truth – both in terms of the facts, and in terms of the correct interpretation of the law. At the same time, legal representation is allocated as a commodity, bought and sold in the market: the more one pays, the better legal representation one gets. In this article, I argue that the integration of a market in legal representation with the adversarial system undercuts the very normative justifications on which the system is based. Furthermore, I argue that there are two implicit conditions, which are currently unmet, but are required for the standard justifications to hold: that there is equality of legal representation between parties, and that each party has a sufficient level of legal representation. I, therefore, outline an ideal proposal for reform that would satisfy these conditions.
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Civic Equality as a Democratic Basis for Public Reason.Henrik D. Kugelberg - forthcoming - Critical Review of International Social and Political Philosophy:1-23.
In Defence Of Wish Lists: Business Ethics, Professional Ethics, and Ordinary Morality.Matthew Sinnicks - forthcoming - Business and Professional Ethics Journal.
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