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The Transformation of Legal Aid: Comparative and Historical Studies

Edited by: Francis Regan, Alan Paterson, Tamara Goriely, Don Fleming

ISBN13: 9780198265894
ISBN: 0198265891
Published: August 1999
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £127.50



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Legal aid has undergone rapid change in the 20th century. Developing from charity to large scale, publicly funded schemes, legal aid flourished in many western countries in the 1960s and 1970s. But, during the 1980s, governments began to lose faith in publicly funded legal aid. In the 1990s major funding and eligibility cuts have occurred in Sweden, England and Wales, the USA, Canada, Australia and the Netherlands.;To answer the need for a better understanding of the extraordinary rise and fall of legal aid, this book brings together contributions from international scholars in the field. Researchers from North America, Europe and Australia examine the origins of modern legal aid, analyze its recent rapid decline and consider its likely future.;This collection of studies does not, however, merely describe legal aid's changing fortunes. The contributors also apply legal and social science perspectives to analyze and theorize about legal aid. In particular, rather than describe developments in individual societies, the contributors compare legal aid across societies to develop important insights including legal aid's relationship with the legal profession, welfare states and legal families.;This book is intended for academic lawyers with an interest in legal aid and legal aid policy makers in government.

Subjects:
Legal History
Contents:
Part One: Historical Studies
1: Earl Johnson, Jr, Associate Justice, California Court of Appeal: Justice and reform a quarter century later
2: John Kilwein, Professor of Political Science, West Virginia University, USA: The decline of the Legal Services Corporation: its ideological, stupid!
3: Frederick H Zemans and Aneurin Thomas, Oswoode Hall Law School, University of York, Ontario, Canada: Can community clinics survive? A comparative study of law centres in Australia, Ontario and England
4: Tamara Goriely, Research Fellow, Institute of Advanced Legal Studies: Making the welfare state work: changing conceptions of legal remedies within the British welfare state
Part Two: Comparative Studies
5: Erhard Blankenburg, Professor, Faculteir der Rechtsgeleerdheird, Vrije University, the Netherlands: The lawyers' lobby and the welfare state: the political economy of legal aid
6: Cyrus Tata, Lecturer in Socio Legal Studies, the Centre for Sentencing Research, Law School, University of Strathclyde: Promise and perils of comparative legal aid research: in the construction of comparison in legal aid spending
7: Mel Cousins: Legal aid reform in France and the Republic of Ireland in the 1990s
8: Francis Regan, Lecturer in Legal Studies, Flinders University, Australia: Why do legal aid services vary between societies? Re-examining the impact of welfare states and legal families
Part Three: Emerging Themes
9: Jon T Johnsen, Professor, the Law School, University of Oslo, Norway: Studies of legal needs and legal aid in a market context
10: Alan Paterson, Professor of Law, University of Strathclyde and Avrom Sherr, Institute of Advanced Legal Studies: Quality legal services: the dog that did not bark
11: Don Fleming, University of Canberra, Australia: Responding to new demands: legal aid and multi-party actions.