Watkins, D. orcid.org/0000-0003-1273-1938 (2022) Reimagining the relationship between legal capability and the capabilities approach. International Journal of Public Legal Education, 5 (1). pp. 4-36. ISSN 2514-2135
Abstract
Within the literature on public legal education and legal capability, it is commonly stated that the concept of legal capability is closely related to the capabilities approach. This paper critically examines the nature of this relationship and in Part I seeks to demonstrate that whilst they share some broad affinity, the relationship between legal capability and the capabilities approach is currently disparate in both conceptual and practical terms. In Part II, the paper goes on to consider what might happen if this relationship is reimagined and the two fields brought closer together. Aspects of this reimagining are considered in turn under three headings: emphasising choice and opportunity, broadening perspective and promoting participatory approaches. The paper concludes by summarising the potential advantages and disadvantages of this proposed reimagining, and by raising questions as to whether the implications of establishing a closer relationship between legal capability and the capabilities approach warrant further exploration, or whether it is preferable for the distance to be maintained.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2022 Dawn Watkins. This is an Open Access article distributed under the terms of the Creative Commons Attribution Licence (https://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Funding Information: | Funder Grant number EUROPEAN COMMISSION - HORIZON 2020 818457 |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 28 Oct 2022 15:19 |
Last Modified: | 28 Oct 2022 15:19 |
Status: | Published |
Publisher: | Northumbria University Library |
Refereed: | Yes |
Identification Number: | 10.19164/ijple.v5i1.1082 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:191871 |