The right to justice : the political economy of legal services in the United States
著者
書誌事項
The right to justice : the political economy of legal services in the United States
E. Elgar Pub. Co., c1992
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注記
Includes bibliographical references (p. 380-404) and index
内容説明・目次
内容説明
'They have built a dam across the rivers of justice and then they complain of the drought in the field below.'
- With these stinging words W. Clarke Durrant III, then Chairman of the Legal Services Corporation, admonished the American Bar Association in 1987 for its use of monopoly prices to exclude less affluent Americans from access to civil justice.The Right to Justice reviews the history of legal services in the US from its origins in the 1890s to the multi-million dollar Federal program of the late 20th century. But this is no ordinary text. Charles Rowley skilfully shows how government transfers tend to be dissipated in competitive rent-seeking by special interest groups, that much of what is left tends to be subverted to the agendas of the more powerful groups and that the residuals tend to be inefficiently managed by a poorly monitored and ideologically motivated supply bureaucracy. The upshot is that customer preferences play little or no role in the allocation of resources within the legal services budget.
In a veritable tour de force, Charles Rowley places the US Federal legal services program on the scholarly rack of public choice - which analyses individual behaviour in terms of universal self-seeking motivations in a political market. He offers a convincing unique explanation of the forces that have subverted a well meaning attempt to assist poor Americans into a co ordinated attack on the central institutions of the family, capitalism and of Madisonian Republicanism which together constitute the essence of the American dream.
目次
- Part 1 History: the historical perspective. Part 2 The philosophic divide: goals
- methods of analysis. Part 3 Litigation, lobbying and the law: litigation and the common law
- lobbying and the law of legislation. Part 4 The purveyors and brokers of civil justice for the poor: the nature of the legal services bureacracy
- the two ends of the avenue. Part 5 The market in civil justice for the poor: producers who do not sell
- consumers who do not buy
- owners who do not control. Part 6 The evidence: the battle over the budget
- the hubris of ideology
- the nemesis of poverty
- the triumph of the special interests
- inky blots and rotten parchment bonds. Part 7 Towards tomorrow: the route to institutional reform.
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