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Equal Access to Justice

On the Duty to Pause, Cool Down, and Listen

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  • © 2024

Overview

  • Offers one of the first philosophical treatment of equal access to justice
  • Combines theoretical, empirical and practical analysis of procedural law
  • Contains several practical applications in controversial subjects

Part of the book series: Law and Philosophy Library (LAPS, volume 145)

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Table of contents (12 chapters)

  1. Domain: Conceptual, Empirical and Historical Explorations of Access to Justice

  2. Practical Applications: Testing the Political Principles of Equal Access to Justice

Keywords

About this book

It is wrong when someone cannot exercise their rights in a court of law because they have no money to pay for a good lawyer, because they are too scared of the possible consequences, or because they simply don’t know that the law protects them. But does that mean governments have an obligation to intervene? And if so, how?This book provides the first systematic philosophical theory of equal access to justice. It begins by identifying the content of claims to equal access to justice. Then, it reviews traditional political and legal arguments on the right of access to justice, which it argues are both illuminating and insufficient. 
The best comparative way to approach equal access to justice, the book argues, is to think through the requirements of a moral, pre-political, duty to – at times and provisionally – pause, cool down and listen: in other words, we ought to demand that governments step in and protect access rights, because we have a moral and pre-political interest in cultivating our ability to comply with this duty. It is the recognition of this duty which best explains both law’s potential for promoting, as well as its potential for endangering, equal justice. 
In closing, the book tests this novel theory of equal access to justice against contemporary trends and reforms in procedural law. 


Authors and Affiliations

  • Tarello Institute for Legal Philosophy, University of Genoa, Genoa, Italy

    Marco Segatti

About the author

Marco Segatti is a postdoc researcher at the University of Genoa. He previously worked at the University of Girona, where he taught courses in legal theory, political philosophy and dispute resolution. He graduated in law from the University of Pavia, and has completed graduate work at Harvard Law School (LLM), University of Bologna (Phd) and The University of Chicago Law School (JSD). Marco has published in English, Italian and Spanish both in peer-reviewed journals as well as chapters in edited volumes.


Bibliographic Information

  • Book Title: Equal Access to Justice

  • Book Subtitle: On the Duty to Pause, Cool Down, and Listen

  • Authors: Marco Segatti

  • Series Title: Law and Philosophy Library

  • DOI: https://doi.org/10.1007/978-3-031-52939-9

  • Publisher: Springer Cham

  • eBook Packages: Law and Criminology, Law and Criminology (R0)

  • Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2024

  • Hardcover ISBN: 978-3-031-52938-2Published: 01 March 2024

  • Softcover ISBN: 978-3-031-52941-2Due: 01 April 2024

  • eBook ISBN: 978-3-031-52939-9Published: 29 February 2024

  • Series ISSN: 1572-4395

  • Series E-ISSN: 2215-0315

  • Edition Number: 1

  • Number of Pages: XII, 191

  • Topics: Philosophy of Law

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