This essay is for Socio-legal studies course:
Write an analytical essay of 1500 words (double-spaced, 1-inch margins, 12 pt. font) on the following question: “Access to justice is supposed to reduce the unequal distribution of advantages in
society; paradoxically formal state law may amplify these inequalities. Why is this the case?
Each essay should include the following elements:
– Choose a compelling case study;
– Develop a logical argument;
– Provide an example to illustrate your argument;
– Include a counterargument/alternative view;
– Explain and apply relevant socio-legal theories/concepts;
– Use sources from the course material (minimum 2) and (academic) sources outside of
the course material (minimum 1). (See below)
– * See the attached grading rubric (page 2-3)
– I attached relevant readings from the course (three readings)
1. Galanter, Marc. (1974): “Why the ‘haves’ come out ahead: Speculations on the limits of legal change.” Law & Society Review 9: 95-125 (until alternatives to the official system). This seminal article directly addresses the paradox of how law, ostensibly a mechanism for justice and equality, often reinforces existing social and economic disparities. Galanter’s analysis of the structural advantages that better-resourced parties (“the haves”) have in the legal system provides a foundation for understanding the complexities of access to justice.
2. Maldonado, Daniel Bonilla. (2020): “The right to access to justice: Its conceptual architecture.” Indiana Journal of Global Legal Studies 27 (1), 15-33. This reading delves into the conceptual underpinnings of the right to access to justice, offering insights into how international law frames this right and the challenges in actualizing it, especially in contexts marked by significant inequality.
3. Ewick, Patricia, and Susan Silbey. (1999): “Common Knowledge and Ideological Critique: The Significance of Knowing that the Haves Come Out Ahead.” Law & Society Review 33(4), 1025-1041. This article provides a sociological perspective on legal consciousness and how individuals’ perceptions and experiences of the law can reinforce or challenge inequalities. It complements Galanter’s structural analysis by exploring the subjective dimensions of legal engagement and disenfranchisement.
These readings offer diverse perspectives—ranging from structural analyses of legal systems to conceptual discussions of justice and individual experiences of law—that collectively provide a nuanced framework for examining the paradoxical effects of formal state law on social inequalities. They highlight the multifaceted nature of access to justice and the importance of considering both the material conditions of legal systems and the social and psychological aspects of legal engagement.
Additionally, you are required to use more than 1 academic source outside of the course material.
Quality over Quantity; i expect you to really delve into 1-2 sources rather than using extensive number of
sources.