Why and How Do Prison Litigation Strategies and Their Cultures Matter
Bibliographic Data
| ID | 8402834 |
|---|---|
| Authors | Gaëtan Cliquennois (0000-0003-1938-3198, Institut de l'Ouest : Droit et Europe, corresponding author) |
| Year | 2025 |
| Volume | 65 |
| Issue | 3 |
| Pages | 559-577 |
| Publication date | 2025-06-05 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | The British Journal of Criminology (JOURNAL) |
| Journal identifiers | ISSN: 0007-0955 • E-ISSN: 1464-3529 |
| Publisher | Oxford University Press (PUBLISHER • GB) |
| DOI | 10.1093/bjc/azae068 |
| OpenAlex | W4403239866 |
| Language | EN |
| References cited | 31 |
This article highlights the main impediments and inequalities in access to justice for prisoners. Access to justice is considered by European institutions to be one of the vehicles for transforming legislation for better respecting human rights. However, we show that the nature and intensity of strategic litigation depend on three main prison litigation models. These models differentially impact access to justice for prisoners through three main obstacles—deterrence, procedural obstacles and legal aid. Hence, by forging the concept of differentiated litigation, this article calls attention to the different ways in which prison litigation is carried out on the ground and how these lead to different impacts on the barriers to access to justice
Business · Criminology · Deterrence (psychology) · Deterrence theory · Economic Justice · Human rights · Inequality · Law and economics · Legislation · Political science · Prison · Sociology · Criminal Justice and Corrections Analysis · Judicial and Constitutional Studies · Law · Legal Education and Practice Innovations
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Appealing to Justice
Prisoners' Rights
Dignity, Degrading Treatment and Torture in Human Rights Law
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Carceral framing of human rights in Russian prisons
Moral performance, inhuman and degrading treatment and prison pain
Making sense of penal difference
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Bereaved Family ‘Involvement’ in (Prisoner) Death Investigations
Judicial Policy Making and the Modern State
Human Dignity and Prisoners’ Rights in Europe
Stateville
The Failed Regulation and Oversight of American Prisons
It Depends on the Outcome
Mass Incarceration and the Paradox of Prison Conditions Litigation
[Y]ou are better off talking to a f****** wall
If You Build It, They Will Fill It
Legal Consciousness and Cultural Capital
Overcoming the Absurd
| Citation velocity | historical |
|---|---|
| Highly cited | No |