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Access to Justice for the American Underclass |
| Section: MODERN THOUGHT / EQUAL ACCESS TO JUSTICE? |
| Author: Stephen J. Schulhofer |
| Publication: The world & I online |
| Issue Date: 6/1/1991 |
| Size: 5,351 Words, 33,671 Characters |
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Justice has many faces. Lawyers are likely to focus primarily on justice as a matter of fair process. Far more important for most of us are concrete social and economic results: Do people have enough to eat? Do they have a warm, dry place to sleep? Are wealth and power distributed fairly?
Few today would insist that justice requires perfect equality in the distribution of resources. Many more assume that a just society should afford equal opportunity and enough food, clothing, and shelter to maintain a minimally adequate standard of living. In another popular formulation, made famous by John Rawls, all resources are to be distributed equally unless an unequal distribution would enlarge the social pie enough to help the least favored.
By any measure, justice eludes the American ...
. . .
... system, the only reliable vehicle for ensuring that restraint is a vigorously functioning adversary system. As an Attorney General's Commission wrote almost thirty years ago, "The loss in vitality of the adversary system ... significantly endangers the basic interests of a free community." Ultimately, access to justice for the underclass is our assurance of access to justice for all of us. vbcrlf
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