Sunday, November 15, 2015

In the 12th and 13th centuries, judges would be sent out from Westminster every seven years to adjudicate on any disputes that had come about since their last sojourn. In 1292, in Shropshire, Alice Knotte complained that Thomas Champeneys ‘detaineth from her seven shillings in money and a surcoat of the value of three shillings’. ‘Alice can get no justice at all,’ she protested, ‘seeing that she is poor and that this Thomas is rich.’ She implored the judge: ‘I have none to help me save God and you.’

Alice then might be Alice today. What should she do? She cannot simply take the seven shillings from Thomas. Not only does the law forbid it, Thomas’s wealth means he probably has the power to take it back (or worse). So without access to a court, Alice has to rely on his goodwill for her money and her surcoat. This shows the first reason to care about access to justice, by which I mean being in a position to have your legal claims heard and enforced by a court. Such access is necessary if our rights are to have real content; without it, the rich and powerful can exploit the poor and weak.
 Necessity or ideology