Clustered injustice and the level green
By Luke Clements
ISBN 978 1 91364 807 7
LEGAL ACTION GROUP
The access to justice charity
A NEW APPROACH FOR THOSE SUFFERING INJUSTICE IN THE 2020s
An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator
This new Legal Action Group book from Professor Luke Clements of Leeds University is concerned with the legal problems encountered by people whose lives are disadvantaged. It covers a range of vulnerable people who are currently suffering disproportionately during the coronavirus pandemic, including disabled people, carers, homeless people, people on low incomes, people falling foul of immigration law – sadly, it is a long list.
Those faced with this situation often experience what can be called “multiple and synchronous legal problems” (or ‘clustered problems’) for which, Clements suggests, “the traditional ‘single issue’ lawyering approach is ill equipped”. We can suggest that the problem is a matter of “standing up for justice” which is something LAG have been doing for the last thirty years.
Such people – Clements quotes a commentator, Stephen Wexler – ‘do not lead settled lives into which the law seldom intrudes; they are constantly involved with the law in its most intrusive forms’. As Luke Clements remarks, “their legal challenges don’t come in single discrete packages”, for example, a claim for personal injury, buying a house, or a divorce petition, “but are multiple, interlinked and successional”. Unsurprisingly, no sooner has one problem been addressed than another one is encountered.
“Clustered Injustice” explores its causes and the effects, depicting “the harm that results and why core responsibility for this harm rest squarely with the State” – at least in the view of the author. His analysis relies upon ‘systems thinking’ and ‘vulnerability’ theories, as well as the use of gaming analogies to show “the invidious position of people who experience clustered injustice”, such as those compelled to “play legal and administrative games in which the odds are heavily stacked against them”.
The book starts with an introduction of the meaning of “clustered injustice”. Clements warms to his theme developing the concept of “the grain of the law” by which the ‘loaded’ nature of the law and its bias towards those who enjoy ‘advantage’ is usefully explored. The book will dismay many readers who may not have seen some of the by-products of a partial negativity of the effect of the rule of law today so they could be in for a shock.
What’s your problem? – the legal system’s inability to deal with entangled clusters of problems – except by fragmenting them into their disconnected elements; Juridification – the proliferation of laws and the problems that result: mental capacity and identity laws as examples; Parcelling-out of the soul – public sector bureaucracies and the damage caused by ‘command and control’ systems; Harm – the physical and mental harm caused to those experiencing clustered injustice; Doing justice – how a responsive state would and should address the phenomenon of clustered injustice.
An excellent appendix at the back of this short book offers brief overviews of various groups who experience clustered injustice. It is a book which we commend all legal practitioners to read during these difficult times.
The date of publication of this new paperback edition from LAG is cited as 25th November 2020.
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