Legal Empowerment as Social Entrepreneurship: The KwaZulu-Natal Cases of Bulwer and New Hanover

Legal Empowerment as Social Entrepreneurship: The KwaZulu-Natal Cases of Bulwer and New Hanover

Fayth Ruffin (University of KwaZulu-Natal, South Africa) and Winnie Kubayi Martins (Centre for Community Justice and Development, South Africa)
DOI: 10.4018/978-1-4666-8748-6.ch015
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Abstract

In this chapter, theoretical foundations of social entrepreneurship and legal empowerment are explored and intersection of these social actions by community based-paralegal practice in rural KwaZulu-Natal examined. Conceptually, integration of social entrepreneurship and legal empowerment innovatively contributes to the broader discourse on self-determined community development and democratic governance. Empirical evidence shows that community-based paralegals generate legal empowerment as social entrepreneurship and such service delivery advances rural women empowerment. Arguably there is a global/local nexus of each social action; a positive theory of social entrepreneurship is more useful than normative theories; rule of law orthodoxy is less meaningful for and somewhat contradictory to self-empowerment of indigenous populations that experience plural legal systems. This qualitative study found that while contemporary business models are incorporated in the intersection of social entrepreneurship and legal empowerment, so are African indigenous justice principles and remedies.
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In both the global North and global South, a body of literature has evolved around social entrepreneurship on the one hand and legal empowerment on the other hand. This section reviews definitions, theories and approaches to research within each body of literature while exploring the parallel routes in juxtaposition to socio-economic, political and cultural factors that suggest the two social actions should be intersected.

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