Thought, philosophy, and different approaches to legal literacy




The "continuum approach" considers legal literacy as "a capacity spread along a continuum, with lawyers and judges at one end and relatively incapable laypersons at the other". This approach was adopted by the legal scholar White who considered legal literacy to mean "that degree of competence in legal discourse required for meaningful and active life in our increasingly legalistic and litigious culture".

Author Bilder (1999) defines legal literacy as a "spectrum of functional skills", related to the conduct of litigation. The continuum approach explains, "a certain degree of legal literacy is required for effective participation in modern society, but it is not necessary for the average citizen to reach the professional standard of 'thinking (and writing) like a lawyer.'"

One of the recent approaches considers legal literacy as a metaphor. According to this view, the term is "intended to suggest some parallels between the institution of the law, and a system of language to be mastered, knowledge gained and understanding achieved". These authors suggest that the term legal literacy can also function as a model for educators who seek to promote such literacy. Proponents of legal literacy may thus look to the teaching of language for guidance.

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