Acceso a la justicia: Una revisión conceptual de sus componentes
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Date
2022
Journal Title
Journal ISSN
Volume Title
Publisher
Onati International Institute for the Sociology of Law
Abstract
© 2022, Onati International Institute for the Sociology of Law. All rights reserved.Studies on access to justice use conceptual categories such as judiciable problems, legal needs, and courses of action. This study analyzes current standards in empirical studies on Access to justice and offers a dynamic, centered in people’s autonomy and comprehensive perspective of these concepts. It proposes that judiciable problems should be understood in a dynamic way and introduces the concepts of linked problems, clusters of problems, superproblems and secondary problems. It also distinguishes between the components of knowledge, will and economic resources in the configuration of instrumental, systemic and substantive legal needs. Finally, it offers a dynamic definition of the trajectories of access to justice in contrast to the idea of exclusive and independent stages. The dynamic, autonomic and comprehensive understanding of access to justice strengthens the analysis of access to justice in action.
Description
Keywords
Access to justice, courses of action, legal needs, legal problems