Abstract
What is implied when the terms, "autonomous" or "independent" person, are used? Are there any differences to be drawn between the "autonomous" person, and the "non-autonomous" or "dependent" person?
With respect to these definitions, I assume "autonomous" to mean that that the surroundings or environment is one in which persons can acquire assistance or help when they wish for it, and not when it is unnecessary.
In this context, litigation in contemporary society can be understood to have the function of empowering people to pursue their own interests through the legal process. In other words, litigation can have a societal facet, in addition to its private facet, especially in the emerging area of the device of Amicus Curiae. Furthermore, the device of the McKenzie Friend, as voluntary supporter in litigation, is obtaining further social recognition, in spite of the fact that the McKenzie Friend is not presently given any recognised role in the law.
The analysis contained in this article will seek to prove that the legal process can contribute to the "autonomous" person in two senses: by providing legal empowerment and the achievement of access to justice for all litigants, and by realising the desire to support others. In that manner, both social inclusion and liberal altruism can be demonstrated via the legal process.
