(Ebook PDF) Lawyers and the Public Good Democracy in Action The Hamlyn Lectures 1st Edition by Alan Paterson-Ebook PDF Instant Download/Delivery:9781139142984, 1139142984
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Product details:
ISBN 10:1139142984
ISBN 13:9781139142984
Author: Alan Paterson
For the 2010 Hamlyn Lectures, Alan Paterson explores different facets of three key institutions in a democracy: lawyers, access to justice and the judiciary. In the case of lawyers he asks whether professionalism is now in terminal decline. To examine access to justice, he discusses past and present crises in legal aid and potential endgames and in relation to judges he examines possible mechanisms for enhancing judicial accountability. In demonstrating that the benign paternalism of lawyers in determining the public good with respect to such issues is no longer unchallenged, he argues that the future roles of lawyers, access to justice and the judiciary will only emerge from dialogues with other stakeholders claiming to speak for the public interest.
Table of Contents:
- 1 Introduction: determining the public good
- 2 Professionalism re-assessed: what now for lawyers?
- Solicitors: a profession in crisis?
- The renegotiation of professionalism
- Status
- Reasonable rewards
- Restraints on competition and market control
- Numbers: market control on supply of producers
- Regulation and autonomy
- Expertise
- Access
- Service ethic
- Public protection
- Frontiers of lawyer liability to third parties: extending the public interest
- Counsel
- Conclusion
- 3 Access to justice: whither legal aid?
- The public good and access to justice
- The history of legal aid
- The theoretical justification for state-based legal aid
- Challenges for legal aid and access to justice
- Strategic planning
- Affordability, rationing and prioritisation
- Integrating supply and demand
- Legal aid in England and Scotland: two jurisdictions divided by a shared tradition?
- Strategic planning
- Community Legal Service
- Policy reform
- Quality assurance
- Affordability, rationing and prioritisation
- Introducing a cap on legal aid expenditure
- Adjusting scope: the position of money claims
- Eligibility
- Integrating supply and demand
- The vulnerabilities of contracts
- Investing for the future
- State salaried legal aid lawyers
- Overall
- Explanations
- The comparative problem
- Leadership
- The way forward: the complex, planned mixed model
- New money
- Expenditure control and prioritisation
- Integrating supply and demand
- New providers
- New forms of delivery
- Conclusion
- 4 Judges and the public good: reflections on the last Law Lords
- The dialogue with the Government: inter-governmental relations
- Separation of powers
- The challenge of accountability
- More diversity
- Judicial selection
- Judicial appointment and the Supreme Court
- Greater disclosure and transparency
- Judicial decision-making
- Law Lords and counsel
- Law Lords and Law Lords
- Belmarsh
- 5 Conclusion: where next?
- Bibliography
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