| 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 | (categorize this paper) |
| Options |
Mark as duplicate
Export citation
Request removal from index
|
Download options
PhilArchive copy
Upload a copy of this paper Check publisher's policy Papers currently archived: 70,307
External links
(no proxy) Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
- Only published works are available at libraries.
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Legal Positivism? What Are You Talking About? ('De Quel Positivisme Parlez-Vous?').Francois Chevrette & Hugo Cyr - unknown
Fundamental Legal Concepts: A Formal and Teleological Characterisation. [REVIEW]Giovanni Sartor - 2006 - Artificial Intelligence and Law 14 (1-2):101-142.
On Legal Order: Some Criticism of the Received View. [REVIEW]Riccardo Guastini - 2000 - Ethical Theory and Moral Practice 3 (3):263-272.
The Autonomy of Law: Essays on Legal Positivism.Robert P. George (ed.) - 1996 - Oxford University Press.
Analytics
Added to PP index
2009-01-28
Total views
40 ( #283,861 of 2,507,862 )
Recent downloads (6 months)
1 ( #416,715 of 2,507,862 )
2009-01-28
Total views
40 ( #283,861 of 2,507,862 )
Recent downloads (6 months)
1 ( #416,715 of 2,507,862 )
How can I increase my downloads?
Downloads
