Yes, I Can: Subjective Legal Empowerment

TISCO Working Paper Series on Civil Law and Conflict Resolution Systems No. 008/2010

Tilburg Law School Research Paper No. 023/2010

46 Pages Posted: 3 Oct 2010 Last revised: 28 Nov 2010

See all articles by Martin Gramatikov

Martin Gramatikov

Tilburg Institute for Interdisciplinary Studies of Civil Law and Conflict Resolution Systems (TISCO); Tilburg University - Private Law Department and Faculty of Law; Tilburg Law School

Robert Benjamin Porter

CELCIS

Date Written: October 1, 2010

Abstract

This paper explores critically the notion of legal empowerment and adds to the current efforts to conceptualize and measure legal empowerment. Our thesis is that legal empowerment should be sought not in the process of providing legal solutions but in the subjective self-belief that a person posses and can mobilize the necessary resources, competencies and energies to solve particular problem of legal nature. This model rejects the existence of an overall quantity of legal empowerment. People’s beliefs in their ability to solve legal problems differ by type of problem, distribution of power in important relationships, social support infrastructure, language and many other factors. We propose a measurement framework in which the model of task-specific subjective legal empowerment is estimated through a probabilistic assessment of the perceived capabilities to sort out problems from the everyday life which normally could be resolved with legal means. Validity of the tool is assessed through application to convenience samples of beneficiaries of NGOs providing legal aid to vulnerable people in Azerbaijan, Mali, Rwanda, Egypt and Bangladesh. The results suggest that subjective legal empowerment is an observable and measurable psychological state. The major policy implications from the proposed model of subjective legal empowerment is that it could be used as measurable benchmark for assessing the impact of diverse legal interventions on the subjective legal empowerment of individuals and social groups.

Keywords: legal empowerment, subjective legal empowerment, legal problems, law and development, Azerbaijan, Mali, Rwanda, Egypt, Bangladesh

JEL Classification: I30, I31, I32, F35, K00, L3

Suggested Citation

Gramatikov, Martin and Porter, Robert Benjamin, Yes, I Can: Subjective Legal Empowerment (October 1, 2010). TISCO Working Paper Series on Civil Law and Conflict Resolution Systems No. 008/2010, Tilburg Law School Research Paper No. 023/2010, Available at SSRN: https://ssrn.com/abstract=1685839 or http://dx.doi.org/10.2139/ssrn.1685839

Martin Gramatikov (Contact Author)

Tilburg Institute for Interdisciplinary Studies of Civil Law and Conflict Resolution Systems (TISCO) ( email )

Warandelaan 2
P.O. Box 90153
Tilburg, 5000 LE
Netherlands

HOME PAGE: http://www.tilburguniversity.nl/webwijs/show/?uid=m.a.gramatikov

Tilburg University - Private Law Department and Faculty of Law ( email )

P.O. Box 90153
Tilburg, DC Noord-Brabant 5000 LE
Netherlands
+31 13 466 2980 (Phone)

HOME PAGE: http://www.tilburguniversity.nl/webwijs/show/?uid=m.a.gramatikov

Tilburg Law School ( email )

Tilburg, 5000 LE
Netherlands
+31134662980 (Phone)

HOME PAGE: http://www.tilburguniversity.edu/webwijs/show/?uid=m.a.gramatikov

Robert Benjamin Porter

CELCIS ( email )

University of Strathclyde
Lord Hope Building
Glasgow, Strathclyde G4 0LT
United Kingdom

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