Edited by Shauhin Talesh, Elizabeth Mertz and Heinz Klug
Chapter 21: Access to justice
Empirical research into access to justice is enjoying a renaissance. The new research resonates strongly with the concerns and approaches of the new legal realism. Contemporary access to civil justice research comprises four distinct approaches, each reflecting the intersection of two different dimensions framing scholars’ research questions. One reflects a choice between manifestations of law as the reference point of the research: the “law on the books” or the “law in action.” The other reflects how researchers define access to justice, understanding it as principally about process, or as some kind of substantive experience, result or outcome. More of the new research is moving beyond a narrow focus on the evaluation of specific interventions, and more is appearing in peer-reviewed venues, subject to disciplines’ requirements for scientific rigor and theoretical engagement and engaged in broader scientific conversations. This new activity is the foundation for development of a robust and coherent access to justice research agenda that can enrich understanding of what law is and how it works.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.