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Book part
Publication date: 4 May 2020

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 of NGO…

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.

Book part
Publication date: 22 February 2011

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 movement that…

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

Book part
Publication date: 4 May 2020

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.

Book part
Publication date: 31 December 2010

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 campaign…

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

Article
Publication date: 2 March 2020

Niccolò Bertuzzi

The study aims to investigate a relevant topic, but still underestimated by sociological studies: animal advocacy, namely, the organized interest in non-human animals' life…

Abstract

Purpose

The study aims to investigate a relevant topic, but still underestimated by sociological studies: animal advocacy, namely, the organized interest in non-human animals' life, rights and well-being. The Italian case is discussed, with a twofold objective: to highlight the evolution of some repertoires of contention and to use this study to analyze the changes of contemporary collective mobilizations and their relation with the modernization process.

Design/methodology/approach

The analysis is based on an online survey (704 responses nationwide), 24 semi-structured interviews with relevant members of groups and associations and a protest event analysis. Furthermore, a vast empirical archive and some academic studies concerning Italian animal advocacy in its historical dimension have been consulted.

Findings

The paper underlines the current specificities of Italian animal advocacy, compared to past decades. The great importance assumed by personal action frames and repertoires of contention emerged as characterizing elements. Activism is always more individual and less related to collective organizations: the central role of veganism and of the internet as protest tool is underlined. Both the increasing possibilities offered by better discursive opportunities structure, but also the possible incorporation of more radical frames within consumer market dynamics emerged from the interviews and the survey.

Originality/value

The phenomenon of animal advocacy (and, more generally, the activities of contemporary social movements) is contextualized within some typical characteristics of modernity, looking both at structural “opportunities” (e.g.: the diffusion of post-materialist values) and “constraints” (e.g.: veganwashing operations). Based on previous definitions coming from social movements studies and following a debate hosted by this journal, the role of collective organizations and especially the centrality assumed by individual activism is critically analyzed, evaluating the new possibilities, but also the possible negative sides. Not only cultural changes, but also political and legal contexts matter. In this sense, both a focus on Italy and more general reflections on western modernities are proposed, trying to go beyond animal advocacy and reflecting on social movements and collective mobilizations more widely.

Details

International Journal of Sociology and Social Policy, vol. 40 no. 3/4
Type: Research Article
ISSN: 0144-333X

Keywords

Book part
Publication date: 22 May 2015

Mellani J. Day

To expand understanding of the motive, knowledge, and skill acquisition of criminal entrepreneurs while incarcerated and on release.

Abstract

Purpose

To expand understanding of the motive, knowledge, and skill acquisition of criminal entrepreneurs while incarcerated and on release.

Methodology/approach

This chapter uses semi-structured interviews incorporating field observations from a convenience sample of ex-offenders in the state of Colorado, in the United States, who have been engaged in destructive entrepreneurship as well as local experts that work with ex-offenders in transition and reentry into society after a period of incarceration.

Findings

Many of these offenders’ actions outside of prison are highly entrepreneurial, with the creation of “ventures” that include production, inventory, sales, employees, managers, distribution, security, etc. When incarcerated with fellow “entrepreneurs,” tricks of the trade are exchanged producing even smarter destructive entrepreneurship upon release.

Research limitations/implications

Limitations include a small sample of interviewees, responses are anecdotal, subjective truth, and localized to the state of Colorado in the United States.

Practical implications

The findings inform research on entrepreneurial cognition set in the destructive space, as well as reveal methods and intentions that lead to a better understanding of the “structure of the reward” for such behavior.

Social implications

An examination of this behavior and underlying motives provides insights as to how society might be better prepared for and redirect destructive entrepreneurial behavior toward more positive outcomes.

Originality/value

The current sparse literature engaging the concept of destructive entrepreneurship generally does so at the country, institution, or corporate level. This chapter focuses on destructive entrepreneurial behavior at the individual (micro venture) level and provides recommendations for policy consideration.

Details

Exploring Criminal and Illegal Enterprise: New Perspectives on Research, Policy & Practice
Type: Book
ISBN: 978-1-78441-551-8

Keywords

Book part
Publication date: 30 June 2017

Elizabeth Chiarello

The United States has an uncomfortable relationship with pleasure. Cultural ambivalence is evident in discourses surrounding pleasure and the labeling and treatment of those who…

Abstract

The United States has an uncomfortable relationship with pleasure. Cultural ambivalence is evident in discourses surrounding pleasure and the labeling and treatment of those who act on their desires. Pleasure seeking, generally understood in moral terms, is often medicalized and criminalized (as in the case of pregnancy prevention and drug use), placing questions of how to manage pleasure under the purview of medical and legal actors. At the macrolevel, institutions police pleasure via rules, patterns of action, and logics, while at the microlevel, frontline workers police pleasure via daily decisions about resource distribution. This chapter develops a sociolegal framework for understanding the social control of pleasure by analyzing how two institutions – medicine and criminal justice – police pleasure institutionally and interactionally. Conceptualizing medicine and criminal justice as paternalistic institutions acting as arbiters of morality, I demonstrate how these institutions address two cases of pleasure seeking – drug use and sex – by drawing examples from contemporary drug and reproductive health policy. Section one highlights shared institutional mechanisms of policing pleasure across medicine and criminal justice such as categorization, allocation of professional power, and the structuring of legitimate consequences for pleasure seeking. Section two demonstrates how frontline workers in each field act as moral gatekeepers as they interpret and construct institutional imperatives while exercising discretion about resource allocation in daily practice. The chapter concludes with a discussion of how understanding institutional and interactional policing of pleasure informs sociolegal scholarship about the relationships between medicine and criminal justice and the mechanisms by which institutions and frontline workers act as agents of social control.

Details

Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78714-811-6

Keywords

Book part
Publication date: 3 January 2015

Robert Todd Perdue and Christopher McCarty

The nexus where law, social movements, and organizations meet demands further explication. This research adds to our understandings of these dynamics by examining the case of the…

Abstract

The nexus where law, social movements, and organizations meet demands further explication. This research adds to our understandings of these dynamics by examining the case of the central Appalachian anti-strip mining movement. After developing a social network technique to analyze over thirty years of newspapers, we find a period of reduced movement activity following the passage of the Surface Mining Control and Reclamation Act of 1977. Conversely, we observe a reinvigoration of the movement following the passage of the Clean Air Amendments of 1990 and the perverse incentives they created for mountaintop removal mining. Finally, we see that joint participation in lawsuits is a primary tie that binds these groups together.

Details

Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78441-568-6

Content available
Book part
Publication date: 19 July 2021

Abstract

Details

The Politics of Inequality
Type: Book
ISBN: 978-1-83909-363-0

Article
Publication date: 1 April 2019

Alexander Glebovskiy

This paper aims to discuss criminogenic elements and processes inherently presented in business organisations that affect the emergence of crime committed in or by business…

Abstract

Purpose

This paper aims to discuss criminogenic elements and processes inherently presented in business organisations that affect the emergence of crime committed in or by business organisations.

Design/methodology/approach

This conceptual paper, based on relevant literature regarding a range of crime-coercive and crime-facilitative elements and forces that promote corporate crime, considers business organisations as a cogent unit of analysis to discuss the causation and origin of corporate crime.

Findings

Business organisations are, per se, criminogenic, i.e. companies are latently prone to committing crime, but are not necessarily criminal. By seeking to achieve commercial goals, companies can unintentionally create an atmosphere that invites crimes and unethical conduct. Organisational criminality is not primarily influenced by deviance in individual behaviour, but is a product of the organisation’s criminogenic settings and environment. Criminal activity arises from contact with criminogenic systems and employees’ adaption to organisational behaviours that do not meet the highest ethical and moral standards.

Research limitations/implications

This is a theoretical analysis, lacking empirical research.

Practical implications

This study can help anti-fraud and compliance practitioners to develop anti-fraud strategies to prevent corporate crime at its source and further discussion on the causes of corporate misconduct and progresses the debate on the sources of illegal and unethical behaviour displayed in, and by, business organisations.

Originality/value

This paper highlights intrinsic features of business organisations that influence companies and employees to engage in illegal activities, malpractice and unethical behaviour and provides a conceptual framework and insights into the realm of inherent criminogenesis within business organisations and how this is shaped by organisations themselves.

Details

Journal of Financial Crime, vol. 26 no. 2
Type: Research Article
ISSN: 1359-0790

Keywords

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