Scoping the Future Law and Social Justice - Listening & Hearing from the Frontline

Our proposal is for an eight-month scoping project to identify research priorities for the AHRC in the area of law and social justice, a broad field of study with diverse points of focus (UKRI, 2021). It explores the role that the law and legal institutions play in addressing contemporary social challenges such as those associated with gender, the COVID-19 pandemic, modern slavery, hate crime, inequality, capitalism, and climate change to achieve a more just society, particularly around meeting the needs and safeguarding the rights of excluded, vulnerable and marginalised communities.

In considering the subthemes identified by the AHRC (governance, citizenship & representation, transitional justice, and cultures of exclusion), we note that many of the current debates in these fields are underpinned by the notion of accountability. Resonating strongly with the rule of law, it is broadly accepted that more accountable institutions can enable cultural participation, healing, address social challenges and create economic value (Bovens 2016, 2017).

The case for enhanced accountability of institutions becomes even more pressing in light of the COVID-19 pandemic and perceived decline in public trust in the State and its agencies. For these reasons, we consider that the accountability of public and private sector bodies serves as a subtheme that crosses over the boundaries of the other subthemes.

The accountability subtheme is a crucial underpinning of each of the AHRC's sub-themes; if it is effected in a way that is transparent, mindful, evidence-based, genuine, rigorous, systematic and well-resourced, it helps ensure confidence in the rule of law and the legal system. Strengthened accountability will improve governance, citizenship and representation, and address and improve transitional justice and avert and prevent cultures of exclusion.

One of the core strengths of our proposal lies in the proposed research team's ability to ensure that the voices of vulnerable, excluded and marginalised communities are included in this scoping exercise. Too often, new initiatives are launched and policies developed without considering the lived experience of end-users. As outlined in our Methodology below, we will seek to engage these voices directly throughout the project by reaching out to them through our research partners.

We will ensure that their lived and diverse experiences of law and legal institutions are captured and integrated within our data analysis and captured within the Final Report, thus contributing directly to shaping future AHRC funding priorities.

Research has shown that people in vulnerable and marginalised groups (84%) are unlikely to turn to lawyers when they have a legal problem but rather turn to 'trusted intermediaries', (Law Commission of Inquiry, 2015; Pleasence & Balmer 2018). These trusted intermediaries are service or support providers to people experiencing disadvantage, vulnerability or who are excluded.

They turn to intermediaries for professional support including health, social services, community / youth works and advocates from the third sector.

Members of the research team have links to such intermediaries who have agreed to work as partners on this project (see 18 letters of support). These organisations will open pathways to engage with marginalised and excluded groups. These partners have all indicated a willingness to be participants themselves in interviews, focus groups (Phase 2) and in the final roundtable (Phase 5).