By
Awe Delight Toluwanise
“When the world is silent, even one voice becomes powerful.” – Malala Yousafzai
Advocacy is defined according to the Merriam-Webster Dictionary as “the act or process of supporting a cause or proposal.” Why was it relevant to define advocacy? Advocacy is often perceived as an act of clamouring for, or beckoning others to take action concerning a justifiable purpose. While this may be true in one sense, in another, advocacy is any action that speaks in favor of, recommends, argues, supports, or defends a cause. More so, advocacy is not limited to speech and other overt actions. Advocacy can be done through legal writing.
Going by the definition provided by Oxford Reference, Social justice, on the other hand, is fairness in relation to the distribution of wealth, opportunities, and privileges within a society where individuals’ rights are recognized and protected.
From the historic brief that helped end segregation in society to the passionate plea that freed an innocent prisoner, the power of legal advocacy to drive social change and justice is undeniable. While many associate legal writing with the dry technicalities of the courtroom, this distinct form of expression can be a potent tool for promoting justice and catalyzing social justice.
Legal writing plays a crucial role in advancing social justice and advocacy efforts, crafting persuasive arguments, amplifying marginalized voices, documenting injustice, and influencing policymakers. Let us examine these roles.
· PERSUASIVE LEGAL ARGUMENTS
One of the primary functions of legal writing is to make enthralling arguments that sway decision-makers and jolt support for important causes.
Through well-crafted briefs, motions, and petitions, skilled legal writers and advocates can present evidence, apply relevant laws and precedents, and logically construct arguments that are difficult to ignore. For example, Gani Fawehinmi’s landmark briefs and legal writing expertly challenged military dictatorship. His works left an indelible mark on the Nigerian legal system and the hearts of the people through his advocacy.
Alongside framing issues through a legal lens and wielding the power of persuasive language, legal writers can bring attention to social injustices and advocate for meaningful reforms. Aside from crafting legal arguments that assert rights, legal writing empowers individuals and communities who may not have access to formal legal representation. Activists and community organizations often use legal writing to advocate for the rights of marginalized groups, thereby promoting social justice.
While the persuasive power of legal writing is undeniable, its true impact lies in its capacity to make critical information accessible to the public.
· ACCESSIBLE LEGAL INFORMATION
Effective legal writers possess the ability to translate complex legal concepts into clear, understandable language, enabling a wider audience to engage with important social justice issues. Legal language can often be dense and inaccessible, creating barriers for marginalized communities and the public. However, advocates who can distill complex information and present it in a way that resonates with diverse stakeholders will amplify the voices of the unrepresented and mobilize support for their causes.
Legal advocacy is about education and empowerment. By informing individuals of their rights and the legal resources available to them, we can empower them to stand up for themselves and others. Knowledge is power, and in the realm of legal rights, it can be life- changing. When legal writing is more accessible, advocates can ensure that critical information reaches a wide audience, thereby educating people about their rights, fostering civic engagement, and holding institutions accountable. This democratization of legal knowledge is essential for dismantling systemic barriers and promoting true social equity.
More so, the products of good legal writing such as books, policy papers, legal reports, etc., are instrumental to student learning and useful to researchers, legal practitioners and academicians, which in turn serves as a catalyst for social justice and advocacy.
Beyond crafting persuasive arguments and enhancing public understanding, legal writing also plays a vital role in documenting instances of injustice.
· LEGAL DOCUMENTATION
Legal writing serves as a powerful tool for meticulously recording evidence of discrimination, human rights abuses, and other forms of social injustice. Through reports, affidavits, and other legal documents, writers can create an authoritative record that can be used to drive policy changes, support legal reforms, and raise public awareness. Besides preserving historical narratives and providing a solid foundation for advocacy efforts, legal documentation plays a crucial role in challenging the status quo and holding those in power accountable. This precise record-keeping ensures that marginalized communities’ experiences are not erased or ignored, but rather elevated as catalysts for reform.
In the realm of policymaking, legal writing can also facilitate collaborative dialogue and shape the agenda for social change.
· SHAPING LEGISLATIVE CHANGE
Legal writing is a critical component in drafting proposed legislation or amending existing laws. Advocacy groups and legal professionals can use well-reasoned arguments in policy papers or legislative briefs to influence lawmakers and effect meaningful change in areas such as civil rights, environmental justice, or labor rights.
Legal writing can serve as a vehicle for engaging diverse stakeholders in the policymaking process, fostering collaboration and advancing social justice initiatives.
The collaborative nature of policymaking driven via legal writing empowers marginalized communities to have a voice in the decisions that affect their lives. In order to bridge the gap between the grassroots movements and the corridors of power, legal writers can ensure that social justice priorities are reflected in the laws and regulations that govern society.
The role of legal writing in promoting social justice and advocacy is multifaceted and indispensable.
In conclusion, legal writing is a powerful tool for advancing social justice and advocacy efforts, serving as a vehicle for persuasive arguments, accessible information, documented evidence and collaborative policymaking.
This disciplined form of writing is a crucial component in the broader struggle for a more equitable and just world. As we confront the complex challenges of our time, the role of legal writing in writing the pursuit of social progress will only become more vital. By harnessing the power of the written word, we can continue to chip away at entrenched systems of oppression and build a more inclusive, just and compassionate society.
Legal writing is not just about writing formal documents; it is a critical means of advocacy, a tool for challenging injustice, and a method for building a more equitable society. Through strategic and thoughtful writing, lawyers, activists, and organizations can drive social change and advance justice for all.