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Can Law be Emancipatory? The Role of Law in the Social Movement's Struggles |
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Abstract:
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In several countries the issue of access to law and justice has been brought back to the political agenda, in order to eliminate discrepancies in the performance of courts, and in the ‘potential demand/ effective demand’ on justice ratio by social minorities. For that purpose, the existing means of legal aid are being questioned, more effective instruments are being debated, and alternative dispute resolution mechanisms are being outlined.
Although this is an urgent debate, focusing it in the individual citizen is simplistic, for it fails to consider the rise of new actors that tend to struggle for scattered collective interests and for human rights in the courts of law. By acting within the legal arena, social movements have challenged the logical-formal stiffness of legal systems, thus underlying the need for new public debate and negotiation spaces, demanding a widening or even a reinvention of the traditional citizenship and participation spaces, namely courts.
Addressing the access to law and justice and the new social movements’ legal strategies, this paper intends to discuss if law can be used as an instrument of social emancipation in social movement’s struggles for an effective protection of human rights. |
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Association:
Name: The Law and Society Association URL: http://www.lawandsociety.org
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Citation:
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MLA Citation:
| Duarte, Madalena. "Can Law be Emancipatory? The Role of Law in the Social Movement's Struggles" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany, Jul 25, 2007 <Not Available>. 2010-01-24 <http://www.allacademic.com/meta/p177811_index.html> |
APA Citation:
| Duarte, M. , 2007-07-25 "Can Law be Emancipatory? The Role of Law in the Social Movement's Struggles" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany <Not Available>. 2010-01-24 from http://www.allacademic.com/meta/p177811_index.html |
Publication Type: Conference Paper/Unpublished Manuscript Abstract: In several countries the issue of access to law and justice has been brought back to the political agenda, in order to eliminate discrepancies in the performance of courts, and in the ‘potential demand/ effective demand’ on justice ratio by social minorities. For that purpose, the existing means of legal aid are being questioned, more effective instruments are being debated, and alternative dispute resolution mechanisms are being outlined.
Although this is an urgent debate, focusing it in the individual citizen is simplistic, for it fails to consider the rise of new actors that tend to struggle for scattered collective interests and for human rights in the courts of law. By acting within the legal arena, social movements have challenged the logical-formal stiffness of legal systems, thus underlying the need for new public debate and negotiation spaces, demanding a widening or even a reinvention of the traditional citizenship and participation spaces, namely courts.
Addressing the access to law and justice and the new social movements’ legal strategies, this paper intends to discuss if law can be used as an instrument of social emancipation in social movement’s struggles for an effective protection of human rights. |
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