Frederick Wilmot-Smith’s first book, Equal Justice, is published by Harvard.
In his first speech as lord chancellor, Michael Gove warned of a ‘dangerous inequality’ in the justice system. There was, he said, a ‘gold standard’ for the wealthy and a ‘creaking, outdated system’ for everyone else. This, from a minister in a government that has made enormous cuts to legal aid, is a little like Orestes asking for mercy on account of his being an orphan. Even so, his diagnosis is correct. What should be done?
In 2005, Australian officials learned of a plot to smuggle heroin from Indonesia to Australia. They passed the information onto the Indonesian authorities, saying they should ‘take what action they deem appropriate’. Nine people, now known as the Bali Nine, were arrested and convicted. The Australian ringleaders, Myuran Sukumaran and Andrew Chan, were last night tied to a post and shot dead. They refused blindfolds. There were twelve marksmen for each prisoner, but to ease their consciences only three fired live rounds.
In the 12th and 13th centuries, judges would be sent out from Westminster every seven years to adjudicate on any disputes that had come about since their last sojourn. In 1292, in Shropshire, Alice Knotte complained that Thomas Champeneys ‘detaineth from her seven shillings in money and a surcoat of the value of three shillings’. ‘Alice can get no justice at all,’ she protested, ‘seeing that she is poor and that this Thomas is rich.’ She implored the judge: ‘I have none to help me save God and you.’ Alice then might be Alice today. What should she do? She cannot simply take the seven shillings from Thomas. Not only does the law forbid it, Thomas’s wealth means he probably has the power to take it back.
Read anywhere with the London Review of Books app, available now from the App Store for Apple devices, Google Play for Android devices and Amazon for your Kindle Fire.
For highlights from the latest issue, our archive and the blog, as well as news, events and exclusive promotions.