Hostname: page-component-7479d7b7d-pfhbr Total loading time: 0 Render date: 2024-07-09T13:09:30.911Z Has data issue: false hasContentIssue false
  • English
  • Français

Institutions of Representation: Civil Justice and the Public

Published online by Cambridge University Press:  01 July 2024

Leon H. Mayhew
Leon H. Mayhew*
Affiliation:
University of California, Davis
Get access Rights & Permissions [Opens in a new window]

Extract

Discussion of the distribution and delivery of legal services usually turns on the problem of civil justice for the poor. Our attention is so dominated by the problems of distributive justice for the poor that we ignore the more general problem of civil justice for the public.

In Western society the primary function of law has been the protection and regulation of property. Indeed, the earliest liberal conceptions of public life are founded on the premise that men gave up an utterly private life in order to enjoy the utilities provided by public protection for their persons and, even more important, the fruits of their labors—in Locke's (1689: Art. 123) phrase, "their lives, liberties and estates, which I call by the general name property." In the earliest liberal tradition, the holding of property is the foundation for participation in public life; accordingly, the principal end of the civil law is the definition and protection of property rights.

Type
Research Article
Information
Law & Society Review , Volume 9 , Issue 3 , Spring 1975 , pp. 401 - 429
Copyright
Copyright © 1975 The Law and Society Association

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Footnotes

*

An earlier version of this paper was persented to the Conference on the Delivery and Distribution of Legal Services, State University of New York at Buffalo Law School, October 12, 1973.

References

Cases

Alyeska Pipeline Svc. Co. v. Wilderness Soc'y, — U.S. —, 43 LW 4561 (1975).Google Scholar
Argersinger v. Hamlin, 407 U.S. 25 (1972).CrossRefGoogle Scholar
Baker v. F and F Investment Co., 420 F.2d 1191 (7th Cir. 1970).Google Scholar
Douglas v. California, 372 U.S. 353 (1963).Google Scholar
Eisen v. Carlisle and Jacquelin, 479 F.2d 1005 (2d Cir. 1973).Google Scholar
Gideon v. Wainwright, 372 U.S. 335.Google Scholar
Powell v. Alabama, 287 U.S. 45 (1932).CrossRefGoogle Scholar
La Raza Unida v. Volpe, 57 Federal Rules Decisions 94 (N.D. Cal. 1972).Google Scholar

References

AUGER, Richard C. and Victor P., GOLDBERG (1973) Prepaid Health Plans and Moral Hazard. Davis: Institute of Governmental Affairs, University of California.Google Scholar
BATTLE, Jackson (1973) “Comparison of Public Defenders' and Private Attorneys' Relationship with the Prosecutor in the City of Denver,” 50 Denver Law Journal 101.Google Scholar
BLACK, Donald J. (1973) “The Mobilization of Law,” 2 Journal of Legal Studies 125.Google Scholar
BLUMBERG, Abraham S. (1967a) “The Practice of Law as a Confidence Game: Organizational Cooptation of a Profession,” 2 Law & Society Review 15.Google Scholar
BLUMBERG, Abraham S. (1967b) Criminal Justice. Chicago: Quadrangle Books.Google Scholar
BOSSELMAN, Fred (1971) “Ecology v. Equality: The Sierra Club Meets the NAACP,” 2 Yale Review of Law and Social Action 93.Google Scholar
BRAKEL, Samuel J. (1973) “Free Legal Services for the Poor-Staffed Office versus Judicare: The Client's Evaluation,” 1973 Wisconsin Law Review 532.Google Scholar
CAHN, Edgar and Jean, CAHN (1964) “The War on Poverty: A Civilian Perspective,” 73 Yale Law Journal 1317.Google Scholar
CARLIN, Jerome E. and Jan, HOWARD (1965) “Legal Representation and Class Justice,” 12 U.C.L.A. Law Review 381.Google Scholar
CARLIN, Jerome E., Jan, HOWARD and Sheldon, MESSINGER (1966) “Civil Justice and the Poor: Issues for Sociological Research,” 1 Law & Society Review 9.Google Scholar
CASPER, Jonathan D. (1972) Criminal Justice—The Consumer Perspective. Washington: Government Printing Office (N.I.L.E.C.J., PR 72-9).Google Scholar
CASPER, Jonathan D. (1969) “Lawyers and Loyalty-Security Litigation,” 3 Law & Society Review 575.Google Scholar
CHEATHAM, Elliott E. (1963) “A Lawyer When Needed: Legal Services for the Middle Classes,” 63 Columbia Law Review 973.Google Scholar
CHRISTENSEN, Barlow F. (1970) Lawyers for People of Moderate Means: Some Problems of Availability of Legal Services. Chicago: American Bar Foundation.Google Scholar
COLE, George F. (1970) “The Decision to Prosecute,” 4 Law & Society Review 331.Google Scholar
DOUGLAS, James (1971) “Organization, Ego, and the Practice of Alternative Law,” 2 Yale Review of Law and Social Action 88.Google Scholar
FEELEY, Malcolm M. (1973) “Two Models of the Criminal Justice System: An Organizational Perspective,” 7 Law & Society Review 407.Google Scholar
FINMAN, Ted (1971) “OEO Legal Services Programs and the Pursuit of Social Change: The Relationship Between Program Ideology and Program Performance,” 1971 Wisconsin Law Review 1001.Google Scholar
FISHER, Kenneth P. and Charles C., IVIE (1971) Franchising Justice: The Office of the Economic Opportunity Legal Services Program and Traditional Legal Aid. Chicago: American Bar Foundation.Google Scholar
FITZGERALD, Jeffrey M. (1975) “The Contract Buyers League and the Courts: A Case Study of Poverty Litigation,” 9 Law & Society Review 165.Google Scholar
FORD FOUNDATION (1973) The Public Interest Law Firm: New Voices for New Constituencies. New York: Ford Foundation.Google Scholar
HALLAUER, Robert P. (1973) “The Shreveport Experiment in Prepaid Legal Services,” 2 Journal of Legal Studies 223.Google Scholar
HANNON, Philip J. (1969) “The Leadership Problem in the Legal Services Program,” 4 Law & Society Review 234.Google Scholar
HAZARD, Geoffrey C. Jr. (1970) “Law Reforming in the Anti-Poverty Effort,” 37 University of Chicago Law Review 242.Google Scholar
HAZARD, Geoffrey C. Jr. (1969) “Social Justice Through Civil Justice,” 36 University of Chicago Law Review 699.Google Scholar
HAZARD, Geoffrey C. Jr. (1965) “Rationing Justice,” 8 Journal of Law and Economics 1.Google Scholar
HOBBS, Gregory J. Jr. (1971) “Judicial Supervision Over California Plea Bargaining: Regulating the Trade,” 59 California Law Review 962.Google Scholar
HOROWITZ, Robert (1972) [Book Review of Marks et al., 1972] 1972 Wisconsin Law Review 944.Google Scholar
LOCHNER, Phillip (1975) “The No Fee and Low Fee Legal Practice of Private Attorneys,” 9 Law & Society Review 000.Google Scholar
LOCKE, John (1689) Second Treatise of Civil Government. London.Google Scholar
LLEWELLYN, Karl N. (1938) “The Bar's Troubles, and Poultices—and Cures?” 5 Law and Contemporary Problems 104.Google Scholar
MACNAMARA, John R. (1971) “The Contract Buyers' League: A View from the Inside,” 1 Yale Review of Law and Social Action 70.Google Scholar
MADDI, Dorothy Linder and Frederic, MERRILL (1971) The Private Practicing Bar and Legal Services for Low Income People. Chicago American Bar Foundation.Google Scholar
MARKS, F. Raymond Jr. (1971) The Legal Needs of the Poor: A Critical Analysis. Chicago: American Bar Foundation.Google Scholar
MARKS, F. Raymond Jr. with Kirk, LESWTNG and Barbara A., FORTINSKY (1972) The Lawyer, The Public and Professional Responsibility. Chicago: American Bar Foundation.CrossRefGoogle Scholar
MAYHEW, Leon H. (1971) “Social Planning, Social Control and the Law,” in Smigel, E.O. (ed.), Handbook on the Study of Social Problems. Chicago: Rand & McNally.Google Scholar
MAYHEW, Leon H. (1968) Law and Equal Opportunity: A Study of the Massachusetts Commission Against Discrimination. Cambridge: Harvard University Press.CrossRefGoogle Scholar
MAYHEW, Leon H. and Albert J., REISS Jr. (1969) “The Social Organization of Legal Contacts,” 34 American Sociological Review 309.Google Scholar
MESERVE, Robert W. (1971) “Our Forgotten Client: The Average American,” 57 American Bar Association Journal 1092.Google Scholar
NEWMAN, Donald J. (1956) “Pleading Guilty for Considerations: A Study of Bargain Justice,” 46 Journal of Criminal Law, Criminology and Police Science 780.Google Scholar
OAKS, Dallin H. (1970) “Studying the Exclusionary Rule in Search and Seizure,” 37 University of Chicago Law Review 665.Google Scholar
PARSONS, Talcott (1954) “A Sociologist Looks at the Legal Profession,” in Parsons, T. (ed.), Essays in Sociological Theory. Glencoe, Illinois: The Free Press.Google Scholar
ROBERTS, Robert Jr. (1971) “The Shreveport Plan for Prepaid Legal Services: Unique Experiment,” 32 Louisiana Law Review 45.Google Scholar
RUESCHEMEYER, Dietrich (1964) “Doctors and Lawyers: A Comment on the Theory of the Professions,” 1 Canadian Review of Sociology and Anthropology 17–30.CrossRefGoogle Scholar
SKOLNICK, Jerome (1967) “Social Control in the Adversary System,” 11 Journal of Conflict Resolution 52.Google Scholar
SOLOMON, Harold W. (1966) “This New Fetish for Indigency: Justice and Poverty in an Affluent Society,” 66 Columbia Law Review 248.Google Scholar
STOLZ, Preble (1968a) “Insurance for Legal Services: A Preliminary Study of Feasibility,” 35 University of Chicago Law Review 417.Google Scholar
STOLZ, Preble (1968b) The Legal Needs of the Public: A Survey Analysis. Chicago: American Bar Foundation.Google Scholar
STUMPF, Harry P., Henry P., SCHROERLUKE and Forrest D., DILL (1971) “The Legal Profession and Legal Services: Explorations in Local Bar Politics,” 6 Law & Society Review 47.Google Scholar
SUDNOW, David (1965) “Normal Crimes: Sociological Features of the Penal Code in a Public Defender Office,” 12 Social Problems 255.Google Scholar
SYKES, Gresham (1969) “Legal Needs of the Poor in the City of Denver,” 4 Law & Society Review 255.Google Scholar
TAYLOR, Jean C., Thomas P., STANLEY, deFLORIO, Barbara J. and Lynne N., SEEKAMP (1973) “An Analysis of Defense Counsel in the Processing of Felony Defendants in Denver, Colorado,” 50 Denver Law Journal.Google Scholar
TIBBLES, Lance and John H., HOLLANDS (1970) Buffalo Citizens Administrative Service: An Ombudsman Demonstration Project. Berkeley: Institute of Governmental Studies, University of California [Monograph 61].Google Scholar
UNITED STATES, OFFICE OF ECONOMIC OPPORTUNITY (1971) Annual Report. Washington: Government Printing Office.Google Scholar
YALE LAW JOURNAL (1973) “Legal Services and Landlord-Tenant Litigation: A Critical Analysis,” 82 Yale Law Journal 1495.Google Scholar
ZANDER, Michael (1973) “English Legal Aid at the Crossroads,” 59 American Bar Association Journal 368.Google Scholar