Special Issue: Social Movements/Legal Possibilities

Special Issue: Social Movements/Legal Possibilities
Author: Austin Sarat
Publisher: Emerald Group Publishing
Total Pages: 270
Release: 2011-02-22
Genre: Law
ISBN: 085724826X

Social movements provide the engine of legal change and law itself spurs social movement activity. This issue includes articles on social movements in several different nations, including France, South Africa and Canada, asking us to consider the way context is reflected in movement activities.

Comparative Perspectives on Social Movements

Comparative Perspectives on Social Movements
Author: Doug McAdam
Publisher: Cambridge University Press
Total Pages: 450
Release: 1996-01-26
Genre: History
ISBN: 9780521485166

Social movements such as environmentalism, feminism, nationalism, and the anti-immigration movement are a prominent feature of the modern world and have attracted increasing attention from scholars in many countries. Comparative Perspectives on Social Movements, first published in 1996, brings together a set of essays that focus upon mobilization structures and strategies, political opportunities, and cultural framing and ideologies. The essays are comparative and include studies of the former Soviet Union and eastern Europe, the United States, Italy, the Netherlands, and Germany. Their authors are amongst the leaders in the development of social movement theory and the empirical study of social movements.

Social Movements and Protest Politics

Social Movements and Protest Politics
Author: Greg Martin
Publisher: Taylor & Francis
Total Pages: 319
Release: 2023-12-22
Genre: Social Science
ISBN: 1003828450

This fully revised and updated edition of Social Movements and Protest Politics provides interdisciplinary perspectives on the sociology of protest movements. It considers major theories and concepts, which are presented in a clear, accessible, and engaging format. The second edition contains new chapters on methods and ethics of social movement research, and legal mobilisation, protest policing and criminal justice activism, including calls to abolish or defund police made at protests during the COVID-19 pandemic. This edition introduces readers to the concept of the ‘post-protest society’ wherein the right to protest is whittled away to near vanishing point, and authorities have considerable legal recourse to ban protests and render the tactics of protest movements ineffective. The book also looks at recent developments and novel social movements, including Black Lives Matter, Extinction Rebellion, Gilets Jaunes, #MeToo, and Hong Kong’s Umbrella Movement, as well as the rise of contemporary forms of populism in democratic societies. The book presents specific chapters outlining the early origins of social movement studies and more recent theoretical and conceptual developments. It considers key ideas from resource mobilisation theory, the political process model, and new social movement approaches. It provides extensive commentary on the role of culture in social protest (including visual images, emotions, storytelling, music, and sport), religious movements, geography and struggles over space, media and movements, and global activism. Historical and contemporary case studies and examples from a variety of countries are provided throughout, including the American civil rights movement, Greenpeace, Pussy Riot, Indigenous peoples’ movements, liberation theology, Indignados, Occupy, Tea Party, and Arab Spring. Each chapter also contains illustrations and boxed case studies to demonstrate the issues under discussion. Social Movements and Protest Politics will be an indispensable resource for undergraduate and postgraduate students in the social sciences and humanities wanting to be introduced to or extend their knowledge of the field. The book will also prove useful to university teachers and academic researchers, activists, and practitioners interested in the study of social, cultural, and political protest.

Minorities, Rights and the Law in Malaysia

Minorities, Rights and the Law in Malaysia
Author: Thaatchaayini Kananatu
Publisher: Routledge
Total Pages: 218
Release: 2020-03-09
Genre: Social Science
ISBN: 1000050025

This book analyses the mobilisation of race, rights and the law in Malaysia. It examines the Indian community in Malaysia, a quiet minority which consists of the former Indian Tamil plantation labour community and the urban Indian middle-class. The first part of the book explores the role played by British colonial laws and policies during the British colonial period in Malaya, from the 1890s to 1956, in the construction of an Indian "race" in Malaya, the racialization of labour laws and policies and labour-based mobilisation culminated in the 1940s. The second part investigates the mobilisation trends of the Indian community from 1957 (at the onset of Independent Malaya) to 2018. It shows a gradual shift in the Indian community from a "quiet minority" into a mass mobilising collective or social movement, known as the Hindu Rights Action Force (HINDRAF), in 2007. The author shows that activist lawyers and Indian mobilisers played a crucial part in organizing a civil disobedience strategy of framing grievances as political rights and using the law as a site of contention in order to claim legal rights through strategic litigation. Highly interdisciplinary in nature, this book will be of interest to scholars and researchers examining the role of the law and rights in areas such as sociolegal studies, law and society scholarship, law and the postcolonial, social movement studies, migration and labour studies, Asian law and Southeast Asian Studies.

Birthing a Movement

Birthing a Movement
Author: Renée Ann Cramer
Publisher: Stanford University Press
Total Pages: 342
Release: 2021-02-16
Genre: Law
ISBN: 1503614506

Rich, personal stories shed light on midwives at the frontier of women's reproductive rights. Midwives in the United States live and work in a complex regulatory environment that is a direct result of state and medical intervention into women's reproductive capacity. In Birthing a Movement, Renée Ann Cramer draws on over a decade of ethnographic and archival research to examine the interactions of law, politics, and activism surrounding midwifery care. Framed by gripping narratives from midwives across the country, she parses out the often-paradoxical priorities with which they must engage—seeking formal professionalization, advocating for reproductive justice, and resisting state-centered approaches. Currently, professional midwives are legal and regulated in their practice in 32 states and illegal in eight, where their practice could bring felony convictions and penalties that include imprisonment. In the remaining ten states, Certified Professional Midwives (CPMs) are unregulated, but nominally legal. By studying states where CPMs have differing legal statuses, Cramer makes the case that midwives and their clients engage in various forms of mobilization—at times simultaneous, and at times inconsistent—to facilitate access to care, autonomy in childbirth, and the articulation of women's authority in reproduction. This book brings together literatures not frequently in conversation with one another, on regulation, mobilization, health policy, and gender, offering a multifaceted view of the experiences and politics of American midwifery, and promising rich insights to a wide array of scholars, activists, healthcare professionals alike.

Transnational Human Rights Litigation

Transnational Human Rights Litigation
Author: Andrew Novak
Publisher: Springer Nature
Total Pages: 191
Release: 2019-10-02
Genre: Law
ISBN: 3030285464

This book analyzes the role of strategic human rights litigation in the dissemination and migration of transnational constitutional norms and provides a detailed analysis of how transnational human rights advocates and their local partners have used international and foreign law to promote abolition of the death penalty and decriminalization of homosexuality. The “sharing” of human rights jurisprudence among judges across legal systems is currently spreading emerging norms among domestic courts and contributing to the evolution of international law. While prior studies have focused on international and foreign citations in judicial decisions, this global migration of constitutional norms is driven not by judges but by legal advocates themselves, who cite and apply international and foreign law in their pleadings in pursuit of a specific human rights agenda. Local and transnational legal advocates form partnerships and networks that transmit legal strategy and comparative doctrine, taking advantage of similarities in postcolonial legal and constitutional frameworks. Using examples such as the abolition of the death penalty and decriminalization of same-sex relations, this book traces the transnational networks of human rights lawyers and advocacy groups who engage in constitutional litigation before domestic and supranational tribunals in order to embed international human rights norms in local contexts. In turn, domestic human rights litigation influences the evolution of international law to reflect state practice in a mutually reinforcing process. Accordingly, international and foreign legal citations offer transnational human rights advocates powerful tools for legal reform.

Studies in Law, Politics, and Society

Studies in Law, Politics, and Society
Author: Austin Sarat
Publisher: Emerald Group Publishing
Total Pages: 202
Release: 2020-05-04
Genre: Law
ISBN: 1839822805

This volume of Studies in Law, Politics and Society brings together an international and interdisciplinary array of scholars to explore issues on the cutting edge of socio-legal research.

Unleashing the Force of Law

Unleashing the Force of Law
Author: Devyani Prabhat
Publisher: Springer
Total Pages: 235
Release: 2016-03-18
Genre: Law
ISBN: 1137455748

Basic freedoms cannot be abandoned in times of conflict, or can they? Are basic freedoms routinely forsaken during times when there are national security concerns? These questions present different conundrums for the legal profession, which generally values basic freedoms but is also part of the architecture of emergency legal frameworks. Unleashing the Force of Law uses multi-jurisdiction empirical data and draws on cause lawyering, political lawyering and Bourdieusian juridical field literature to analyze the invocation of legal norms aimed at the protection of basic freedoms in times of national security tensions. It asks three main questions about the protection of basic freedoms. First, when do lawyers mobilize for the protection of basic freedoms? Second, in what kind of mobilization do they engage? Third, how do the strategies they adopt relate to the outcomes they achieve? Covering the last five decades, the book focusses on the 1980s and the Noughties through an analysis of legal work for two groups of independence seekers in the 1980s, namely, Republican (mostly Catholic) separatists in Northern Ireland and Puerto Rican separatists in the US, and on post-9/11 issues concerning basic freedoms in both countries

Rights Claiming in South Korea

Rights Claiming in South Korea
Author: Celeste L. Arrington
Publisher: Cambridge University Press
Total Pages: 361
Release: 2021-05-27
Genre: Law
ISBN: 1108841333

An analysis of rights-based activism in South Korea, including case studies of women, workers, disabled persons, migrants, and sexual minorities.

Lawyers in Conflict and Transition

Lawyers in Conflict and Transition
Author: Kieran McEvoy
Publisher: Cambridge University Press
Total Pages: 437
Release: 2022-03-17
Genre: Law
ISBN: 0521853982

Studies what lawyers do in challenging contexts of conflict, authoritarianism, and the transition from violence.