The work of both socio-legal scholars and specialists working in social movements research continues to contribute to our understanding of how law relates to and informs the politics of social movements. In the 1990s, an important line of new research, most of it initiated by those working in the law and society tradition, began to bridge the gaps between these two areas of scholarship. This work includes new approaches to group 'legal mobilization' politics; analysis of the judicial impact on social reform struggles; studies of individual legal mobilization in civil disputing and an almost entirely new area of research in 'cause lawyering'. It brings together the best of this research introduced by a detailed essay by the editor.
First published 2006 by Ashgate Publishing.
Formatted Contents Note
part PART I ANALYTICAL FRAMEWORKS AND METHODOLOGICAL PRINCIPLES chapter 1 Michael W. McCann (1991), 'Legal Mobilization and Social Reform Movements: Notes on Theory and Its Application', Studies in Law, Politics, and Society, 11, pp. 225-54. chapter 2 Gerald N. Rosenberg (1996), 'Positivism, Interpretivism, and the Study of Law', Law and Social Inquiry, 21, pp. 435-55. chapter 3 Michael McCann (1996), 'Causal Versus Constitutive Explanation's (or, On the Difficulty of Being so Positive.)', Law and Social Inquiry, 21, pp. 457-82. part PART II LEGAL FRAMING AND CLAIMING BY SOCIAL MOVEMENTS chapter 4 John Brigham (1988), 'Right, Rage, and Remedy: Forms of Law in Political Discourse', Studies in American Political Development, 2, pp. 303-16. chapter 5 Francesca Polletta (2000), 'The Structural Context of Novel Rights Claims: Southern Civil Rights Organizing, 1961-1966', Law and Society Review, 34, pp. 367-406. chapter 6 Lisa Hajjar (2001), 'Human Rights in Israel/Palestine: The History and Politics of a Movement chapter 7 Jayanth K. Krishnan and Kevin R. den Dulk (2001), 'So Help Me God: A Comparative Study of Religious Interest Group Litigation', Georgia Journal of International and Comparative Law, 30, pp. 233-75. chapter 8 Katharina C. Heyer (2002), 'The ADA on the Road: Disability Rights in Germany', Law and Social Inquiry, 27, pp. 723-62. chapter 9 Jonathan Goldberg-Hiller and Neal Milner (2003), 'Rights as Excess: Understanding the Politics of Special Rights', Law and Social Inquiry, 28, pp. 1075-118. part PART III LEGAL LEVERAGING POWER: CONTESTATION, CONTAINMENT, COOPTATION chapter 10 Austin T. Turk (1976), 'Law as a Weapon in Social Conflict', Social Problems, 23, pp. 276-91. chapter 11 Paul Burstein (1991), 'Legal Mobilization as a Social Movement Tactic: The Struggle for Equal Employment Opportunity', American Journal of Sociology, 96, pp. 1201-25. chapter 12 Susan M. Olson (1995), 'Comparing Women's Rights Litigation in The Netherlands and the United States', Polity, 28, pp. 189-215. chapter 13 Robert L. Kidder and Setsuo Miyazawa (1993), 'Long-Term Strategies in Japanese Environmental Litigation', Law and Social Inquiry, 18, pp. 605-27. chapter 14 Ki-young Shin (2004), 'Fufubessei Movement in Japan: Thinking about Women's Resistance and Subjectivity', Frontiers of Gender Studies, 2, pp. 107-14. chapter 15 Michael R. Anderson (1987), 'Law and the Protection of Cultural Communities: The Case of Native American Fishing Rights', Law and Policy, 9, pp. 125-42. chapter 16 Steven E. Barkan (1984), 'Legal Control of the Southern Civil Rights Movement', American Sociological Review, 49, pp. 552-65. chapter 17 Cary Coglianese (2001), 'Social Movements, Law, and Society: The Institutionalization of the Environmental Movement', University of Pennsylvania Law Review, 150, pp. 85-118. part PART IV LAW, CHANGE AND HEGEMONY: ASSESSING LEGAL MOBILIZATION POLITICS chapter 18 Alan Hunt (1990), 'Rights and Social Movements: Counter-Hegemonic Strategies', Journal of Law and Society, 17, pp. 309-28. chapter 19 Kimberle Williams Crenshaw (1988), 'Race, Reform, and Retrenchment: Transformation and Legitimation in Antidiscrimination Law', Harvard Law Review, 101, pp. 1331-87. chapter 20 Susan B. Boyd (1999), 'Family, Law and Sexuality: Feminist Engagements', Social and Legal Studies, 8, pp. 369-90. chapter 21 Joel F. Handler (1993), 'Postmodernism, Protest, and the New Social Movements', Law and Society Review, 26, pp. 697-731. chapter 22 Balakrishnan Rajagopal (2003), 'International Law and Social Movements: Challenges of Theorizing Resistance', Columbia Journal of Transnational Law, 41, pp. 397-433.