Abstract

Alienated advocates: applying Marx's labour theories to criminal legal aid

Highlights

  • The context of alienation: austerity justice The hallmark of legitimate criminal justice is the ability to distinguish the ‘guilty’ from the ‘innocent’ in an accurate and fair manner

  • Returning to early – humanistic – Marx allows us to use alienation as a key organising principle to help us understand the experience of workers under capitalism

  • Criminal procedure has been subject to significant alteration, extension and replacement over the last two decades, creating a more conflicted profile for defence lawyers

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Summary

Introduction

The context of alienation: austerity justice The hallmark of legitimate criminal justice is the ability to distinguish the ‘guilty’ from the ‘innocent’ in an accurate and fair manner. Marx’s labour theories to criminal legal aid Daniel Newman and Thomas Smith investigate lawyers’ status as workers who are increasingly subject to the same alienation through work under capitalism. Lawyers as proletariat In applying the Marxist theory of alienation to our research on criminal legal aid, we considered lawyers as workers who share common cause with more obvious members of Marx’s proletariat.

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