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The Role of Lawyers in Access to Justice: Asian and Comparative Perspectives

Edited by: Helena Whalen-Bridge

ISBN13: 9781316517451
Published: July 2022
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £110.00



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To a disturbing degree, we are at the mercy of our time and place. While law may provide relief for some of life's troubles, that requires access to justice. Accessibility is the focus of this volume, which expands analysis of access to justice beyond the US and the UK to Asia and other comparative jurisdictions. Chapters characterise access to justice dynamics in these jurisdictions by addressing how access is understood, how it is achieved or not achieved, and how the jurisdiction should improve. The book addresses some issues seldom addressed in analyses of western jurisdictions, such as paid mandatory legal services and mandatory public interest activities, and provides English translations of relevant regulations. The book expands our understanding of access to justice with a comparative perspective, one that allows readers to identify relationships between access and its constitutive environment.

Subjects:
Law and Society
Contents:
1. Introduction to understanding and comparing access to justice
Helena Whalen-Bridge
Part I. Access to Justice in Asia:
2. Pro bono, legal aid, and the struggle for justice in China
Hualing Fu
3. Access to justice in India: Managing multiple mechanisms in a restrictive practice environment
Sarasu Esther Thomas
4. Access to justice in Indonesia: Searching for meaning
Yunita with Linda Yanti Sulistiawati
5. Access to justice and lawyer independence in Japan
Hiroshi Otsuka and Setsuo Miyazawa
6. Improving access to justice in Malaysia: Introspection, purpose, and dynamism
Seh Lih Long
7. Political lawyers and the legal occupation in Myanmar
Alice Dawkins and Nick Cheesman
8. Alternative lawyering versus pro bono in the Philippines: From challenging an authoritarian government to working with the state
George Radics and Alpha Pontanal
9. Access to justice in Singapore: A government and lawyer dynamic
Helena Whalen-Bridge
10. Public interest lawyering in South Korea: Standing on the shoulders of giants
Takgon Lee and Jaewon Kim
11. A hub, a knot, and a powerhouse: The legal aid foundation and access to justice in Taiwan
Ching-Fang Hsu and Yong-Ching Tsai
12. Lawyers and democratic centralism in Vietnam
Nguyen Hung Quang
Part II. Comparative Perspectives on Access to Justice:
13. Access to justice and an islamic ethic of justice
Arif A. Jamal
14. Lawyering in Indonesia's religious courts: Legal aid, procedural justice, and pragmatism
Euis Nurlaelawati
15. Access to justice and legal aid in the Syariah courts in Malaysia: A colourful but threadbare patchwork system
Kerstin Steiner
16. The Syariah court of Singapore: Achieving a more formal access to justice
Ahmad Nizam Abbas
17. Access to justice in Israel: Rights, legal aid and pro bono in a lawyer dominant system
Limor Zer-Gutman and Michal Ofer Tsfoni
18. Vuk'uzenzele – Arise and Act: Lawyers and access to justice in South Africa
Helen Kruuse