Empowerment and Tort Law
34 Pages Posted: 21 May 2010 Last revised: 20 May 2018
Date Written: February 28, 2009
Empowerment, a somewhat nebulous construct, has been a key concern in many disciplines in recent decades. It may be generally defined as an increase in individuals’ control over their lives, and may operate on two interdependent levels: personal and societal. This article advocates the utilization and optimization of tort law and practice as an empowering mechanism in cases of power abuse. It systematically analyzes the empowering and disempowering effects of the law and the legal process and explains how to enhance the former and diminish the latter.
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