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The Normative Standing of Access to Justice: An Argument from NonDomination

Lucy, William

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Abstract

After elucidating and defending an account of access to justice that is consistent with most uses of that notion in academic and policy discourse, this essay examines some arguments that attempt to show the value of access to justice. It shows that one such argument (from non-domination) does a better job of illustrating access to justice’s normative significance than two frequently invoked competitors (the arguments from the rule of law and equality). In an era in which access to justice seems genuinely in peril, it is vital to appreciate the normative cost of its restriction or denial.

Citation

Lucy, W. (2016). The Normative Standing of Access to Justice: An Argument from NonDomination. Windsor yearbook of access to justice, 33(2), 231-261. https://doi.org/10.22329/wyaj.v33i2.4930

Journal Article Type Article
Online Publication Date Mar 6, 2017
Publication Date Jan 1, 2016
Deposit Date Jun 7, 2017
Publicly Available Date Aug 21, 2017
Journal The Windsor yearbook of access to justice = Recueil annuel de Windsor d'accès à la justice.
Print ISSN 0710-0841
Publisher University of Windsor Law Faculty
Peer Reviewed Peer Reviewed
Volume 33
Issue 2
Pages 231-261
DOI https://doi.org/10.22329/wyaj.v33i2.4930

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Copyright Statement
Copyright (c) 2017 William Lucy This article is available under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.








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