THE NORMATIVE STANDING OF ACCESS TO JUSTICE: AN ARGUMENT FROM NONDOMINATION

Abstract

After elucidating and defending an account of access to justice that is consistent with most uses of that notion in academic and policy discourse, this essay examines some arguments that attempt to show the value of access to justice. It shows that one such argument (from non-domination) does a better job of illustrating access to justice’s normative significance than two frequently invoked competitors (the arguments from the rule of law and equality). In an era in which access to justice seems genuinely in peril, it is vital to appreciate the normative cost of its restriction or denial.