Search results

1 – 10 of over 4000
To view the access options for this content please click here
Book part

Devyani Prabhat

“Guantánamo lawyers” are a variegated group of lawyers from diverse practice settings, backgrounds, and beliefs. Drawing from interview and archival data, this chapter…

Abstract

“Guantánamo lawyers” are a variegated group of lawyers from diverse practice settings, backgrounds, and beliefs. Drawing from interview and archival data, this chapter explores why these lawyers have mobilized to work on Guantánamo matters. What processes engender “heterogeneous mobilization” (i.e., mobilization from different practice settings, and diverse professional, as well as political backgrounds, and beliefs) of lawyers? What are the impacts of such mobilization on the work of lawyers? Adopting a social movement lens and a contemporary historical perspective, this chapter identifies lawyers’ perceptions of their role vis-à-vis the “rule of law” as the most significant cross-cutting motivation for participation. The overlap in human rights orientation of legal nongovernmental organizations (NGOs) and the legal academy, and the corporate pro bono practice at top law firms, facilitates collaborative lawyering between lawyers. Despite some potential limitations of such collaborations, heterogeneous mobilization appears to contribute, at least in the case of Guantánamo, to a greater likelihood of resistance by lawyers to the retreat from individual rights in the name of national security.

Details

Special Issue Social Movements/Legal Possibilities
Type: Book
ISBN: 978-0-85724-826-8

To view the access options for this content please click here
Book part

Steven A. Boutcher

This chapter presents a case study of the lesbian and gay rights movement following the Supreme Court's decision in Bowers v. Hardwick, which was a critical defeat in the…

Abstract

This chapter presents a case study of the lesbian and gay rights movement following the Supreme Court's decision in Bowers v. Hardwick, which was a critical defeat in the campaign for sodomy repeal. Activists responded with a dramatic wave of mobilization by staging protests, successful appeals for organizational donations, building coalitions, and shifting institutional venues. This case provides a paradox for the dominant perspectives within social movement theory and legal mobilization literature, which often traces mobilization back to the expansion of political opportunities. The defeat in Bowers signaled a closing of political opportunities for activists. Drawing from a growing body of literature on political threats and heeding the call to specify the mechanisms of movement dynamics, I show how the defeat in Bowers was translated into proactive mobilization.

Details

Research in Social Movements, Conflicts and Change
Type: Book
ISBN: 978-0-85724-609-7

To view the access options for this content please click here
Book part

Douglas NeJaime

Within the legal mobilization framework, sociolegal scholars identify elite support as a key indirect benefit of litigation. Court-centered strategies generate support…

Abstract

Within the legal mobilization framework, sociolegal scholars identify elite support as a key indirect benefit of litigation. Court-centered strategies generate support from influential state and private actors, and this support helps a movement to achieve its goals. Instead of assuming elite support to be a decidedly positive step in a movement’s trajectory, a more contextual analysis situates elite support as a complex, dynamic factor that movement advocates attempt to manage. Such support may at times create political and legal risks that jeopardize a movement's progress. My analysis of the marriage equality movement suggests a tentative typology with which to approach elite support: Elite support appears generally productive for a movement when it leads to action consistent with the movement's strategy. On the other hand, elite support may pose significant risk when it prompts action inconsistent with the movement's strategic plan, even if it is consistent with the movement's substantive positions.

Details

Special Issue Social Movements/Legal Possibilities
Type: Book
ISBN: 978-0-85724-826-8

To view the access options for this content please click here
Book part

George I. Lovell

Stuart Scheingold's The Politics of Rights provided a path-breaking theoretical analysis of what he called the “myth of rights.” Scheingold's key insight was that even…

Abstract

Stuart Scheingold's The Politics of Rights provided a path-breaking theoretical analysis of what he called the “myth of rights.” Scheingold's key insight was that even though rights were a myth, rights ideologies nevertheless left a significant imprint on American politics. The book charted a research agenda that has now been followed by a wide range of sociolegal scholars. Looking across that diverse body scholarship, I find convergence on two points. First, scholars claim that law and legal ideology contribute to processes of legitimation and to political acquiescence. Second, and seemingly in tension with the first, most people do not appear to believe in idealized legal myths and express only qualified commitments to legal ideals. Most scholars have responded to this tension by downplaying evidence that people have doubts about legal ideals, often treating expressions of doubts as evidence of confusion. As a result, scholars still conclude that residual commitments to legal myths help to explain legitimation and acquiescence. Such moves produce accounts of legal myths that are insufficiently attentive to politics and power. Scholars would do better to return to Scheingold's more ambivalent perspective on the politics of rights in order to understand the political consequences of commitments to rights’ ideologies.

Details

Special Issue: The Legacy of Stuart Scheingold
Type: Book
ISBN: 978-1-78190-344-5

To view the access options for this content please click here
Book part

Jérôme Pélisse

Legal intermediation is an emerging theoretical concept developed to grasp the importance of the process and actors who contribute to legal endogenization, in particular…

Abstract

Legal intermediation is an emerging theoretical concept developed to grasp the importance of the process and actors who contribute to legal endogenization, in particular in the field of economic activities and work governed by various public regulations. This chapter proposes to extend the analytical category of legal intermediary to all actors who, even if they are not legal professionals, deal on a daily basis with legal categories and provisions. In order to deepen our understanding of these actors and their contribution to how organizations frame legality, this chapter investigates four examples of legal intermediaries who are not legal professionals. Based on field surveys conducted over the past 15 years in France on employment policy, industrial relations, occupational health and safety regulation, and forensic economics, I make three contributions. First, the cases show the diversity of legal intermediaries and their growing and increasingly reflexive roles in our complex economies. Second, while they are not legal professionals per se, to different degrees, these legal intermediaries assume roles similar to those of legal professionals such as legislators, judges, lawyers, inspectors, cops, and even clerks. Finally, depending on their level of legitimacy and power, I show how legal intermediaries take part in the process of legal endogenization and how they more broadly frame ordinary legality.

To view the access options for this content please click here
Book part

Lisa Vanhala

Introducing the concept of intra-social movement backlash this chapter explores the “legacy phase” of legal action focusing on conflicts and debates within a social…

Abstract

Introducing the concept of intra-social movement backlash this chapter explores the “legacy phase” of legal action focusing on conflicts and debates within a social movement that has mobilized. Using a legal mobilization framework attuned to the recursive relationship between rights, rights-claiming activities, and collective identity, the chapter analyzes the mixed legacies of movement strategic litigation. Empirically, the chapter offers two illustrative case studies of intra-movement backlash in the women's and the disability rights movements in Canada. The findings suggest that while this form of backlash can have negative, disempowering effects, it also offers opportunities to challenge hegemonic structures within a social movement and re-imagine collective identities.

Details

Special Issue Social Movements/Legal Possibilities
Type: Book
ISBN: 978-0-85724-826-8

To view the access options for this content please click here
Book part

Matthew C. Canfield

As social movements engage in transnational legal processes, they have articulated innovative rights claims outside the nation-state frame. This chapter analyzes emerging…

Abstract

As social movements engage in transnational legal processes, they have articulated innovative rights claims outside the nation-state frame. This chapter analyzes emerging practices of legal mobilization in response to global governance through a case study of the “right to food sovereignty.” The claim of food sovereignty has been mobilized transnationally by small-scale food producers, food-chain workers, and the food insecure to oppose the liberalization of food and agriculture. The author analyzes the formation of this claim in relation to the rise of a “network imaginary” of global governance. By drawing on ethnographic research, the author shows how activists have internalized this imaginary within their claims and practices of legal mobilization. In doing so, the author argues, transnational food sovereignty activists co-constitute global food governance from below. Ultimately, the development of these practices in response to shifting forms of transnational legality reflects the enduring, mutually constitutive relationship between law and social movements on a global scale.

To view the access options for this content please click here
Book part

Verónica Michel

In a country where judicial institutions are known to be inefficient and where activists have traditionally not engaged in legal mobilization, what explains the emergence…

Abstract

In a country where judicial institutions are known to be inefficient and where activists have traditionally not engaged in legal mobilization, what explains the emergence of NGO strategic litigation? The author argues that a change in the legal opportunity structure impacts how activists interact with the legal system. Comparing two states in Mexico, the author demonstrates that the introduction of private prosecution rights opened the door for activists to litigate femicide cases. The emergence of strategic litigation has helped improve compliance with international human rights law and has had a demonstration effect on how to use the law to press for accountability.

To view the access options for this content please click here
Book part

Martin Ruef

This chapter combines insights from organizational theory and the entrepreneurship literature to inform a process-based conception of organizational founding. In contrast…

Abstract

This chapter combines insights from organizational theory and the entrepreneurship literature to inform a process-based conception of organizational founding. In contrast to previous discrete-event approaches, the conception argues that founding be viewed as a series of potential entrepreneurial activities – including initiation, resource mobilization, legal establishment, social organization, and operational startup. Drawing on an original data set of 591 entrepreneurs, the study examines the effect of structural, strategic, and environmental contingencies on the relative rates with which different founding activities are pursued. Results demonstrate that social context has a fairly pervasive impact on the occurrence and sequencing of founding processes, with one possible exception being the timing of legal establishment.

Details

Entrepreneurship
Type: Book
ISBN: 978-0-76231-191-0

To view the access options for this content please click here
Book part

Patricia J. Woods and Scott W. Barclay

The traditional and most common conception of cause lawyers has viewed them as necessarily oppositional to the state, leftist, and, at best, transgressive. This conception…

Abstract

The traditional and most common conception of cause lawyers has viewed them as necessarily oppositional to the state, leftist, and, at best, transgressive. This conception is significant to our analysis because of its tendency to treat “the state” as a rather singular arena of power – an “it” – rather than a multi-dimensional entity made up of competing institutions and personnel. Following work on the disaggregated and embedded state, we suggest that conflict and competition among state institutions and state personnel allow cause lawyers and state actors to engage in mutually-beneficial action in service of their agendas. Litigation has important benefits for both cause lawyers and state actors: within the arena of law, processes that usually require the backing of large constituencies in the context of majoritarian institutions require, instead, convincing legal arguments. We briefly present evidence from two highly disparate cases of similar processes of interaction among cause lawyers and state actors in Vermont and Israel, which we believe indicates that this type of interaction is far from idiosyncratic.

Details

Studies in Law, Politics and Society
Type: Book
ISBN: 978-1-84855-090-2

1 – 10 of over 4000