Abstract
This paper questions some basic assumptions of legal theory, education and practice from the perspective of rural, remote and regional (RRR) legal communities beyond the metropolis. Legal ideologies and values fundamental to the legitimacy of the modern state, such as the Rule of Law, are embedded in most law curricula and reinforced at every stage of the educational continuum, and commonly assert that law, legal rights and access to courts of law apply equally regardless of physical location or social status. Despite this, indigenous and other excluded groups living in peripheral communities frequently experience law differently from their urban counterparts, as do legal professionals living and working outside the city. The key issue examined concerns how centre-periphery tension should best be managed in the future regulation of law and lawyers. What kind of policies and strategies may genuinely assist social inclusion and to what extent should law and legal practice accommodate diversity? How and to what extent should lawyers and para-legals represent the interests of communities rather than private individuals in RRR areas of Australia? What kind of training and technological support do they require? The paper aims to set out some choices that confront policymakers while drawing upon international experience that may offer some guidance.
Highlights
This article[1] questions some basic assumptions of legal theory, education and practice from the perspective of RRR legal communities beyond the metropolis
In recent years the catchment area of law schools may have extended to the global stage and, the provenance of law students may have become increasingly diverse in that they originate from a wide range of different communities; on the other hand, the increasing cost of legal education and declining grants has forced many poorer students to take out loans and remain in their local communities in order to study from home
This article has highlighted the spatial dimension to legal practice while noting an untapped potential of legal education, both within law schools and of the wider public, in altering future supply and demand of legal service provision in rural areas
Summary
This article[1] questions some basic assumptions of legal theory, education and practice from the perspective of RRR (rural, remote and regional) legal communities beyond the metropolis. At least in its practical application, is subject to the ‘friction of distance’[2] and dependent on institutional support, while the impact of legal norms – including those governing professional conduct – may vary according to ‘local legal cultures’ and the nature of client communities being served. Adversarial ethics, another basic premise of the legal process, may no longer capture accurately how lawyers practice in rural and remote settings; but what does?.
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