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This book is a five-country empirical study of the causes and
consequences of social and economic rights litigation. Detailed
studies of Brazil, India, Indonesia, Nigeria, and South Africa
present systematic and nuanced accounts of court activity on social
and economic rights in each country. The book develops new
methodologies for analyzing the sources of and variation in social
and economic rights litigation, explains why actors are now turning
to the courts to enforce social and economic rights, measures the
aggregate impact of litigation in each country, and assesses the
relevance of the empirical findings for legal theory. This book
argues that courts can advance social and economic rights under the
right conditions precisely because they are never fully independent
of political pressures.
The United Nations estimates that four billion people worldwide
live outside the protection of the law. These people can be driven
from their land, intimidated by violence, and excluded from
society. This book is about community paralegals - sometimes called
barefoot lawyers - who demystify law and empower people to advocate
for themselves. These paralegals date back to 1950s South Africa
and are active today in many countries, but their role has largely
been ignored by researchers. Community Paralegals and the Pursuit
of Justice is the first book on the subject. Focusing on paralegal
movements in six countries, Vivek Maru, Varun Gauri, and their
coauthors have collected rich, vivid stories of paralegals helping
people to take on injustice, from domestic violence to unlawful
mining to denial of wages. From these stories emerges evidence of
what works and how. The insights in the book will be of immense
value in the global fight for universal justice. This title is also
available as Open Access.
This book is a first-of-its-kind, five-country empirical study of
the causes and consequences of social and economic rights
litigation. Detailed studies of Brazil, India, Indonesia, Nigeria,
and South Africa present systematic and nuanced accounts of court
activity on social and economic rights in each country. The book
develops new methodologies for analyzing the sources of and
variation in social and economic rights litigation, explains why
actors are now turning to the courts to enforce social and economic
rights, measures the aggregate impact of litigation in each
country, and assesses the relevance of the empirical findings for
legal theory. This book argues that courts can advance social and
economic rights under the right conditions precisely because they
are never fully independent of political pressures.
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