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The normative standing of access to justice : an argument from nondomination.

Lucy, William (2016) 'The normative standing of access to justice : an argument from nondomination.', Windsor yearbook of access to justice., 33 (2). pp. 231-261.

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.

Item Type:Article
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Status:Peer-reviewed
Publisher Web site:https://doi.org/10.22329/wyaj.v33i2.4930
Publisher 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.
Date accepted:No date available
Date deposited:09 June 2017
Date of first online publication:06 March 2017
Date first made open access:21 August 2017

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