Access to justice can be enhanced in many ways. What is the most effective way to do this, given limited resources? Three perspectives are used to compare access to justice policies: (1) costs and benefits, (2) transaction costs (diminishing market failure and government failure), and (3) legal empowerment (enhancing peoples control over their lives and their bargaining position). The analysis suggests that legal information and education strategies should have a higher priority, followed by improving access to (informal) adjudication. Civil legal aid on an individual basis is a rather costly strategy. Moreover, legal aid is less likely to create just outcomes on its own: a judge without a lawyer is more valuable than a lawyer without a judge.

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Legal Aid, Accessible Courts or Legal Information? Three Access to Justice Strategies Compared
Maurits Barendrecht1
1Tilburg University, j.m.barendrecht@uvt.nl
Citation Information: Global Jurist. Volume 11, Issue 1, Pages –, ISSN (Online) 1934-2640, DOI: 10.2202/1934-2640.1374, March 2011
Publication History:
- Published Online:
- 2011-03-25
Keywords: legal aid; courts; legal information; access to justice


















Comments (1)
Informative and interesting analysis of access to justice literature
posted by: Jennifer on 2012-04-13 01:49 AM (Europe/Berlin)