Social and political lawyering: The quest for social justice and democratisation

In Argentina, under the rule of the constitutional reform of 1994, an increasing process of politisation and judicialisation of social conflicts for the defence and promotion of human rights has developed. Such a process involves different social and political actors, such as underprivileged social groups, the state, non-governmental organisations, social movements, political parties and religious groups. Among them, activist lawyers carry out a relevant role in the transformation of social demands into legal claims, as well as in the articulation of the state and disadvantaged individuals and social groups fighting for a more inclusive and full citizenship.

This paper focuses on the discourse and practices of activist lawyers particularly on the “strategic use of law” they make for the defence and promotion of social rights addressing some sort of social transformation.

The work is framed in the theoretical discussion and tension between the hegemonic formal conception of the rule of law, which permeates the legal education and profession in the country and substantial conceptions of law and justice emerging from social and political conflicts. In this context ¿how activist lawyers differ from traditional lawyers inspired in the dominant legal paradigm which split up law and justice from politics and social conflicts?, ¿do the professional discourse of politically committed lawyers constitute an alternative discourse to the dominant one?, ¿how do they define law and justice, the professional relationship with their clients and the expected outcomes of their professional work?

A qualitative methodological approach is used for gathering data from a sample of activist lawyers linked or associated to NGOs and SMs of Córdoba, through in depth interviews. Additional data has been produced transcribing public meetings related to social conflicts and mobilisations.