Hazel Genn

Disability, social exclusion and the consequential experience of justiciable problems

In this article, we examine the situation of disabled people in England and Wales with regard to one specific aspect of social exclusion—experience of justiciable problems, and the potential effects such problems can have on their lives. Having defined ‘disability’, we examine how this fits within the wider dialogue on social exclusion issues. By analysing the results of the Legal Services Research Centres (LSRC) periodic survey of justiciable problems, we find that disabled respondents were not only more likely to experience a problem, they also experienced more problems. Increased likelihood of a problem was observed in the majority of problem categories and particularly those relating to issues of social exclusion, such as housing and welfare benefits. This propensity to experience multiple problems can lead to a negative impact on the lives of long‐term ill and disabled people.

Causes of Action: First Findings of the LSRC Periodic Survey

In this paper we report some of the first findings of the LSRC periodic survey of justiciable problems. We confirm the prevalence of justiciable problems amongst the general population. We identify important differences in the experiences of discrete socio-demographic populations, not only in terms of the number of problems faced, but also in terms of the perception of problems and reactions to them. We show that cost is not the principal barrier to taking action or obtaining advice across most problem categories. Other concerns, such as fear or uncertainty as to what can be done are generally more prevalent. We illustrate the range of strategies employed by those who take action, and confirm the rarity of court action. Finally we show that the basic form of Felstiner, Abel, and Sarats aetiology of lawsuits is recognizable within our findings, although we explain that the manner and form of progression through the various stages is complex and irregular.

Institutional Racism and Civil Justice

This article investigates the utility of the term ‘institutional racism’, using a study of the experiences of Black and Minority Ethnic [BME] people within the civil justice ‘system’ in England and Wales. The study is based on the results of the Legal Services Research Centres Periodic Survey of Justiciable Problems, detailing 5,611 respondents’ experiences of civil justice problems over a four-year period. The article concludes that although disparity of experience between white and BME people does exist in the civil justice system, it is not clear whether, or to what extent, this is the result of racism. It also suggests that a notion of ‘institutional racism’ is unhelpful in interpreting these results and gives rise to difficulties in identifying relevant sources of social agency. The article argues for an alternative concept of ‘institutionalized’ racism, applied only when evidence is found of the existence of racist beliefs or practices, as opposed to disparity of experience/outcome.

The experience of clinical negligence within the general population

publish original research papers. The editorial committee has considered that the journal should concentrate on providing succinct overviews of relevant research or reflections on research findings, which are of course peer reviewed in the usual way. In publishing this article we have departed from this tradition as the subject matter is central to our interests and of particular relevance to our readers. There may be similar exceptions in the future but we shall, for the most part, maintain our original policy and will not invite original research.