ACCESS TO JUSTICE AND THE LIMITS OF LAW

Abstract

This article examines the relationship between persistent demands for “access to justice” and the relatively low yield of court‐oriented social reform strategies. Access to justice has a symbolic attraction which is impossible to deny. Access may not insure justice or social reform, but it is an important political resource from which strategic bargaining advantages may flow. But the importance of the right to participate may be inversely related to its utilization. Beyond a certain level, expanded access may be costly. Its deterrent qualities may be diminished, and the legal system, when overloaded, may be unable to insure delivery of justice.

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