 Undercutting Justice – Why legal representation should not be allocated by the marketShai Agmon
Politics, Philosophy & Economics, 2021, vol. 20, issue 1, 99-123 Abstract: The 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 (equal opportunity for) equality of legal representation between parties, and that each party has (equal opportunity for) a sufficient level of legal representation. I, therefore, outline an ideal proposal for reform that would satisfy these conditions. Keywords: adversarial legal system; legal justice; lawyers; legal representation; marketisation; commodification; levelling down objection; moral limits of markets; market in legal representation (search for similar items in EconPapers) Downloads: (external link) Related works: Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text Persistent link: https://EconPapers.repec.org/RePEc:sae:pophec:v:20:y:2021:i:1:p:99-123 Access Statistics for this article More articles in Politics, Philosophy & Economics |
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