ABSTRACT

This chapter considers empowerment theories , and some models in law and why they are important. The theories discussed differ and there is little consensus among theorists; many of whom are critical of the status quo that precludes the voice of those without power. However, some common themes might inform genuine elements for empowerment to occur. The groups who experience disadvantage often lack either the capability, confidence, skills or the resources that are needed to be heard in such formal avenues to contribute to the discourse around decisions affecting their lives. ‘Legal empowerment’ is where individuals, communities and non-legal professionals have legal knowledge, awareness of how to apply it, confidence, capacity and the circumstances, opportunities and contexts to organise either individually or collectively to shape and advocate on how decisions are made. Much of the literature and theories about legal empowerment emerge from the non-Western world.