Titlebook: Equal Access to Justice; On the Duty to Pause Marco Segatti Book 2024 The Editor(s) (if applicable) and The Author(s), under exclusive lice

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Duties of Assistance and the Criminal/Civil Distinctionfield of access to justice: the evaluation of the practical relevance of a categorical distinction between criminal and civil cases for the recognition of a right to counsel. The chapter concludes that we shouldn’t trust either one of the received interpretations to provide conclusive guidance in pr

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Unmet Legal Needs: Identification and Rich Descriptionsthe access to justice scholar. A CA is useful in the field of access to justice, the chapter argues, because it offers a pertinent and refined vocabulary, which can be used for rich descriptions of the relevant social phenomena. The argument is framed by showing, first, the limitations of existing e

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The Need for a Theoretical Base: Four Argumentsustice identified in the first chapters. The chapter studies four arguments. First, the value of equal access to justice, this chapter argues, could be understood as an implication of the ideal of government by consent. Second, the value of equal access to justice could be understood as an idealizat

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Free Legal Counsel and Access to Justiceo counsel, as an element of equal access to justice for all (or, at least, its partial aspects which are explicitly recognized in national constitutions). In particular, the chapter provides an account of the different approaches followed by the US Supreme Court (before and after its decision in .),

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Is Group Litigation Legitimate?rights, and the outcomes of potential litigation, than the one which individual litigation can achieve: when we design group litigation, we limit party autonomy, alter standing rules, or rules of preclusion, in order to increase the prospects (and correspondingly reduce the costs) of effective legal

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https://doi.org/10.1007/978-3-658-23200-9insights of previous approaches and overcoming their limitations. This is not . a terminological quarrel: a CA’s vocabulary (its distinction between capabilities and functionings, and its distinction between basic, internal, and combined capabilities) helps the access to justice scholar to identify