Outsourcing Legal Aid in the Nordic Welfare States / edited by Olaf Halvorsen Rønning, Ole Hammerslev.

Format:

Book

Author/Creator:

Halvorsen Rønning, Olaf, Editor.

Contributor:

Halvorsen Rønning, Olaf., Editor.

Hammerslev, Ole., Editor.

Language:

English

Subjects (All):

Corrections.

Punishment.

Crime--Sociological aspects.

Crime.

Criminal law.

Law and the social sciences.

Welfare state.

Prison and Punishment.

Crime and Society.

Criminal Law and Criminal Procedure Law.

Socio-Legal Studies.

Welfare.

Local Subjects:

Prison and Punishment.

Crime and Society.

Criminal Law and Criminal Procedure Law.

Socio-Legal Studies.

Welfare.

Physical Description:

1 online resource (XIII, 341 p. 23 illus.)

Edition:

1st ed. 2018.

Place of Publication:

2017.

Cham : Springer International Publishing : Imprint: Palgrave Macmillan, 2018.

Language Note:

English

Summary:

This edited collection provides a comprehensive analysis of the differences and similarities between civil legal aid schemes in the Nordic countries whilst outlining recent legal aid transformations in their respective welfare states. Based on in-depth studies of Norway, Sweden, Finland, Denmark, and Iceland, the authors compare these cases with legal aid in Europe and the US to examine whether a single, unique Nordic model exists. Contextualizing Nordic legal aid in relation to welfare ideology and human rights, Hammerslev and Halvorsen Rønning consider whether flaws in the welfare state exist, and how legal aid affects disadvantaged citizens. Concluding that the five countries all have very different legal aid schemes, the authors explore an important general trend: welfare states increasingly outsourcing legal aid to the market and the third sector through both membership organizations and smaller voluntary organizations. A methodical and compas sionate text, this book will be of special interest to scholars and students of the criminal justice, the welfare state, and the legal aid system.

Contents:

Intro

Preface

Contents

List of Figures

List of Tables

1: Legal Aid in the Nordic Countries

Nordic Legal Aid Research

Purpose of the Book

Outline

References

2: Legal Aid in Norway

Brief Overview and Introduction

Research on Legal Aid in Norway

The Public Legal Aid Judicare Scheme

History

Eligibility

Financial Eligibility

Material Criteria

Other Criteria

Grants and Providers of Legal Aid

Administration of the Legal Aid Scheme for Civil Matters

Use of Public Legal Aid Schemes

Use of the Judicare Scheme for Legal Assistance Outside Court

Use of the Judicare Scheme for Legal Aid in Court Proceedings

Legal Aid Expenditure

Expenditure on Legal Assistance Outside Courts

Legal Representation Under the Judicare Scheme

Expenditure on Alternative Legal Aid Schemes

Public Legal Aid Offices

Legal Expenses Insurance

Alternative Legal Aid Schemes

Pro Bono Work

Student-Run Legal Aid Clinics

Gatejuristen

Norwegian Association for Asylum Seekers: NOAS

Legal Aid Policy and Legal Aid Reform

Conclusions

Bibliography

3: Legal Aid in Sweden

Introduction

Historical Background

Previous Research on Legal Aid in Sweden

The Public Legal Aid Scheme

Entitlement Criteria

General Restrictions

Procedural Issues

Conclusions on Entitlement to Public Legal Aid

Providers Under the Scheme

Use of Legal Aid4

Spending on the Scheme

Legal Aid Through Trade Unions

Alternative Legal Aid Initiatives

Pro Bono Legal Assistance

Voluntary Student Legal Clinics

Concluding Discussion

4: Legal Aid in Finland

Details and Function of the Finnish Legal Aid System

Entitlement and Eligibility

Legal Aid in PLA Offices

Legal Aid Cases Handled by Private Attorneys.

Expenditure9

Other Legal Aid Initiatives

Recent Policy Developments and Strategies for Publicly-funded Legal Aid

The Debate on the Mixed Legal Aid Model in the Twenty-first Century

Conclusion

5: Legal Aid in Denmark

Introduction and Historical Background

Legal Aid Research

Different Legal Aid Schemes2

Pre-trial Legal Aid

Legal Aid Providers

The Use of Pre-trial Legal Aid

Free Legal Aid (Fri Proces): Legal Aid in Regard to Lawsuits and Legal Proceedings

The Use of Free Legal Aid in Lawsuits

The Administration of, and Expenditure on, Legal Aid

Concluding Remarks

6: Legal Aid in Iceland

Historical Background to the Development of the Law on Legal Aid

The Current Legislation on Legal Aid in Civil Cases and its Administration

Backlash During the Boom Years

In the Eye of the Economic Storm

Legal Aid Applicants and Recipients

Gender Analysis

Access to Free Legal Counselling

7: Juss-Buss [Law Bus]: A Student-run Legal Aid Clinic

Staff, Funding, and Case Types

Case Types Mirroring Flaws in the Welfare State

Workplace Organisation and Standardisation of Workflow

Training

Translating the Law into Everyday Language

Referral Service for Clients

Outreach Initiatives: With the Aim to Empower and Influence the Political Agenda

'Troubles-Talks'

Help to Self-Help

Legal Policy Work

8: Gadejuristen [The Street Lawyers]: Offering Legal Aid to Socially Marginalised People

The Organisation of Gadejuristen

Staff, Funding, and Type of Cases

Gadejuristen Cases

The Work of Gadejuristen.

Navigating in the Welfare State: Gadejuristen as Mediators

Working on a Societal Level

The Street Lawyer Method

9: Ex-prisoners' Need for Legal Aid in Denmark

Material and Methods

Lack of Legal Support for Ex-prisoners

Ex-prisoners' Multifaceted Problems

Need for an Income Combined with Complex Legal and Non-legal Problems Post-prison

Housing Need Combined with Complex Post-prison Legal and Non-legal Problems

Debt and Criminal History Challenge Income and Housing

Intertwined Legal Aid Approach

Difficulties in Transforming Multifaceted Needs into Legal Issues, and Applying for Help

Trust and Seeking Comfort Amid Distrust and Discomfort

New Legal Aid Initiative: Cross-functional Mentors Pre- and Post-release

10: Nordic Legal Aid and 'Access to Justice' in Human Rights. A European Perspective

Legal Aid Ideology in the Nordic Schemes

Nordic Delivery Models

Main Entitlement Criteria

Problem Criteria

Poverty Criteria

Welfare Ideology Behind the Finnish and Norwegian Schemes

The European Court of Human Rights' Case Law on 'Access to Justice'

Main Features of the 'Access to Justice' Perspective

The Obligation to Provide Legal Aid

Comparisons to Nordic Legal Aid

The European Commission for the Efficiency of Justice (CEPEJ): A New Instrument for Improving Legal Aid?

The CoE's Soft Law on Legal Aid

The CEPEJ's Main Challenges Concerning Legal Aid

What Does the European Judicial Survey Tell Us About the Performance of European Legal Aid?

The Overall Picture

Nordic Legal Aid in the European Setting

The CEPEJ's Evaluation of European Legal Aid Schemes

Legislation and Other Legislative Documents

Finland:

Norway:

Council of Europe/CEPEJ:.

11: Legal Aid and Clinical Legal Education in Europe and the USA: Are They Compatible?

Definitions: Clinical Legal Education and Legal Aid

Clinical Education

Legal Aid and 'Legal Services'

Legal Aid and Clinics in the USA: The Reagan Assault on Legal Services

The Earliest US Clinics: Europe's Surprising Role

The Second Wave: Social Activism in the 60s and Beyond

Crisis: Reagan's Attacks on Legal Services via Clinics

Early Legal Clinics in Central Europe: Poland's Clinical Links to Legal Aid

Post-Soviet Rapid Expansion of Clinics

The Polish Case

The Polish Legal Clinics Foundation (FUPP) as Unifying Influence

The Aftermath: Let a Hundred Flowers Bloom Throughout Europe and the USA

12: Juridification, Marginalised Persons and Competence to Mobilise the Law

The Theory of Juridification and Law-­Dissociated Seekers of Justice

Habermas' Concept of Juridification and Legal Policy Proposals as Seen by Norwegian Legal Aid Research

The Development from Weber's Formal Rationality to the Procedural Rules of the Welfare State and the Consequences for Those Seeking Justice

Conclusion on Mobilising the Law

13: Outsourcing Legal Aid in the Nordic Welfare States

Legal Aid in the Nordic Countries

Legal Aid in the Nordic Countries: A Nordic Model?

Third Sector Initiatives

Individualisation of Legal Aid

Index.

Notes:

CC BY

ISBN:

9783319466842

3319466844

OCLC:

1017758865