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The practices of modern criminal defence lawyers: alienation and its implications for access to justice
This article marries two sets of independently gathered empirical data (observation and interviews) to argue that English criminal defence lawyers currently present as alienated workers. We seek to revive and revisit theories of alienation that are grounded in Marxism and use them as a lens through which lawyers’ behaviour can be viewed and understood. Building on a Marxist application of alienation, we offer a refined analysis premised upon a contemporary understanding of how alienation plays out in criminal defence work during the neoliberal era. We highlight that the way lawyers talk about their roles suggests that they have lost a sense of purpose, and feel powerless and undervalued. We argue that those feelings appear to have developed as a result of structural change—most notably funding cuts and demands for efficiency—which seem to be grounded in what can broadly be understood as neoliberal political ideology and austerity measures. We further suggest that such structural change and resultant feelings of alienation have implications for the quality of service that defendants receive.
History
Publication status
- Published
File Version
- Accepted version
Journal
Common Law World ReviewISSN
1473-7795Publisher
SAGE PublicationsExternal DOI
Issue
1-2Volume
48Page range
64-89Department affiliated with
- Law Publications
Full text available
- Yes
Peer reviewed?
- Yes
Legacy Posted Date
2019-04-10First Open Access (FOA) Date
2019-04-10First Compliant Deposit (FCD) Date
2019-04-10Usage metrics
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