NCJ Number
51023
Journal
Law and Society Review Volume: 11 Issue: 2 Dated: SPECIAL ISSUE (1976) Pages: 225-246
Date Published
1976
Length
22 pages
Annotation
ALTERNATIVES FOR DELIVERING LEGALITY NOT ENTAILING USE OF LEGAL SERVICES ARE PROPOSED. ENHANCEMENT OF PARTY CAPABILITY IN A LEGAL SITUATION CONCERNING AN INDIVIDUAL AND AN ORGANIZATION IS THE BASIC PROPOSAL.
Abstract
IT IS MAINTAINED THAT LEGAL SERVICES ARE ONLY ONE OF VARIOUS WAYS TO DELIVER LEGALITY AND THAT DEFICIENCIES IN ACCESS TO LAW ARE NOT NECESSARILY REMEDIED BY PROVIDING THE SERVICES OF LAWYERS. LEGALITY IS DEFINED AS THE BENEFITS WHICH ACCESS TO LAW CONFERS UPON ACTORS. IN SOME CASES THERE ARE EXCESSIVE COSTS INVOLVED IN USING LAWYERS, AND IN OTHER CASES, LEGAL SERVICES ARE INSUFFICIENT WITHOUT SOME ADMIXTURE OF OTHER FACTORS. AMONG THE ALTERNATIVES CONSIDERED ARE MODIFICATION OF RULES SYSTEMS, MODIFICATIONS OF INSTITUTIONS FOR APPLYING RULES, AND ENHANCEMENT OF THE CAPABILITIES OF THE PARTIES. IT IS ARGUED THAT FUNDAMENTAL PROBLEMS OF ACCESS TO LEGALITY ARE TO BE FOUND AT THE PARTY LEVEL, AND UPGRADING OF THE PARTY CAPACITY HOLDS THE GREATEST PROMISE FOR PROMOTING ACCESS TO LEGALITY. THE MOST SIGNIFICANT DISPARITIES IN THE USE OF LAW AND PROVISION OF LEGAL SERVICES ARE BETWEEN INDIVIDUALS AND ORGANIZATIONS. SINCE THE ORGANIZATIONS ARE FAMILIAR WITH LEGAL STRATEGY, THEY HAVE THE ADVANTAGE IN A LEGAL SITUATION. THE BASIC PROBLEM IS TO FIND MEANS OF AGGREGATING CLAIMS THAT ARE TOO SMALL OR SHARING RISKS THAT ARE TOO LARGE THUS MAKING THE INDIVIDUALS EFFECTIVE PLAYERS IN A LEGAL CONFLICT WITH ORGANIZATIONS. METHODS OF ORGANIZING INDIVIDUALS INTO COHERENT GROUPS WITH THE ABILITY TO ACT IN A COORDINATED MANNER AND LOOK OUT FOR THEIR LONG-RANGE INTERESTS ARE OUTLINED. THESE INCLUDE ORGANIZATION OF MEMBERSHIP ASSOCIATIONS WHICH WOULD ACT AS BARGAINING AGENTS, APPOINTMENT OF INTEREST GROUP-SPONSORS, OR ESTABLISHMENT OF ASSIGNEE-MANAGERS FOR FRAGMENTARY RIGHTS. THESE METHODS ENTAIL THE FORMATION OR UTILIZATION OF ORGANIZATION. OTHER METHODS OF AGGREGATION ARE ESTABLISHMENT OF A CLEARINGHOUSE AS A COMMUNICATION NETWORK AMONG INDIVIDUALS WITH SIMILAR INTERESTS, AND THE USE OF CRIMINAL LAW OR THE ADMINISTRATIVE PROCESS TO MAKE IT THE RESPONSIBILITY OF A PUBLIC OFFICER TO PRESS CLAIMS THAT COULD NOT BE MANAGED INDIVIDUALLY. RESEARCH POSSIBILITIES ASSOCIATED WITH THESE THEMES ARE OUTLINED. (AUTHOR ABSTRACT MODIFIED--DAG)