{"title":"Legal Capabilities","authors":"Ann-Katrin Habbig, I. Robeyns","doi":"10.1080/19452829.2022.2082392","DOIUrl":null,"url":null,"abstract":"ABSTRACT In this paper, we analyse the development of the term “legal capabilities”. More specifically, we do three things. First, we track the emergence and development of the notion of legal capabilities. The term legal capabilities was used in legal research long before the capability approach was introduced in that field. Early on, its conceptualisation mainly reflected elements of legal literacy. In more recent writings, it is claimed that the notion is based on the capability approach. Second, we critically analyse the current use of the term legal capabilities and show that there is no proper theoretical grounding of this term in the capability approach. This is problematic, because it might give rise to misunderstandings and flawed policy recommendations. Third, we suggest some first steps towards a revision of the notion of legal capabilities. Starting from the concept of “access to justice”, legal capabilities have to be understood as the real opportunities someone has to get access to justice, rather than merely as formal opportunities or internal capabilities.","PeriodicalId":46538,"journal":{"name":"Journal of Human Development and Capabilities","volume":"23 1","pages":"611 - 629"},"PeriodicalIF":1.8000,"publicationDate":"2022-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Human Development and Capabilities","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1080/19452829.2022.2082392","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"DEVELOPMENT STUDIES","Score":null,"Total":0}
引用次数: 1
Abstract
ABSTRACT In this paper, we analyse the development of the term “legal capabilities”. More specifically, we do three things. First, we track the emergence and development of the notion of legal capabilities. The term legal capabilities was used in legal research long before the capability approach was introduced in that field. Early on, its conceptualisation mainly reflected elements of legal literacy. In more recent writings, it is claimed that the notion is based on the capability approach. Second, we critically analyse the current use of the term legal capabilities and show that there is no proper theoretical grounding of this term in the capability approach. This is problematic, because it might give rise to misunderstandings and flawed policy recommendations. Third, we suggest some first steps towards a revision of the notion of legal capabilities. Starting from the concept of “access to justice”, legal capabilities have to be understood as the real opportunities someone has to get access to justice, rather than merely as formal opportunities or internal capabilities.
期刊介绍：
Journal of Human Development and Capabilities: A Multi-Disciplinary Journal for People-Centered Development is the peer-reviewed journal of the Human Development and Capabilities Association. It was launched in January 2000 to promote new perspectives on challenges of human development, capability expansion, poverty eradication, social justice and human rights. The Journal aims to stimulate innovative development thinking that is based on the premise that development is fundamentally about improving the well-being and agency of people, by expanding the choices and opportunities they have. Accordingly, the Journal recognizes that development is about more than just economic growth and development policy is more than just economic policy: it cuts across economic, social, political and environmental issues. The Journal publishes original work in philosophy, economics, and other social sciences that expand concepts, measurement tools and policy alternatives for human development. It provides a forum for an open exchange of ideas among a broad spectrum of academics, policy makers and development practitioners who are interested in confronting the challenges of human development at global, national and local levels.
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