Mauro
Cappelletti (1927-2004) was one of the giants of 20th Century comparative law.
His work in comparative civil procedure, comparative constitutional law, Access
to Justice, the sociology of law and European integration have left an
indelible mark on their respective fields.
While working on the Florence Access-to-Justice Project, Cappelletti authored a
four volume book namely Access to Justice. Cappelletti uses a "wave"
metaphor to describe the access to justice movement, especially its experience
in the United States.
During
the project, a discussion took place in order to understand the meaning of
Access to Justice and the subjects affected by the issue. It was observed as
follows:
“If access to justice means in part
this political, redistributive trend, which of course derives from complex
social and economic forces, then we must ask the further question of whether a
focus merely on the law and legal institutions pays too little attention to the
political power and influence of the groups whom changes in the legal system
were supposed to benefit.”
The
First Wave: Legal Aid for the Poor. This wave involved the reform of
institutions for delivering legal services to the poor. Activism is the primary
recognition given to this wave wherein there was massive outrage of
institutionalizing the legal assistance that is required to be given to public.
The
Second Wave: Representation for Diffuse Interests. This wave tied a knot to the
first wave and continued with indeed a better force. This wave basically dealt
with the strengthening of Public Interest Litigation. This was meant to protect
the interests of a class of people seeking justice through representation.
Although representation is typically visualized as culminating in judgment and
trial, it more frequently proceeds by informal negotiation and/or a truncated
invocation of the formal legal process
The
Third Wave: From Access to Legal Representation to a Broader Conception of
Access to Justice: The "Access-to-Justice Approach". This wave dealt
majorly with community paralegals and alternative dispute resolution and
referred to these as the less formal alternatives to courts and the traditional
institutions of justice delivery system.