Rachel A. Cichowski
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199694495
- eISBN:
- 9780191729782
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199694495.003.0005
- Subject:
- Law, Public International Law, Human Rights and Immigration
The chapter addresses the role of civil society in the ECtHR's incremental transformation of human rights in Europe over the last 50 years. The chapter argues that the evolution of the Convention ...
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The chapter addresses the role of civil society in the ECtHR's incremental transformation of human rights in Europe over the last 50 years. The chapter argues that the evolution of the Convention system was and continues to be critically linked to a dynamic interaction between civil society and the ECtHR. The chapter examines the interaction between NGOs and social activists and the ECtHR over a 50-year period and reveals the important linkages between social activism and the judicial rule-making of the Court. This larger historical analysis is complemented by an in-depth case study of Turkey and the UK in the area of minority rights to provide a more detailed analysis of this general mobilization—litigation dynamic over a fifteen-year period. The legitimacy of this legal process remains a fine balance between societal inclusion and domestic government support.Less
The chapter addresses the role of civil society in the ECtHR's incremental transformation of human rights in Europe over the last 50 years. The chapter argues that the evolution of the Convention system was and continues to be critically linked to a dynamic interaction between civil society and the ECtHR. The chapter examines the interaction between NGOs and social activists and the ECtHR over a 50-year period and reveals the important linkages between social activism and the judicial rule-making of the Court. This larger historical analysis is complemented by an in-depth case study of Turkey and the UK in the area of minority rights to provide a more detailed analysis of this general mobilization—litigation dynamic over a fifteen-year period. The legitimacy of this legal process remains a fine balance between societal inclusion and domestic government support.
Michael W. McCann and George I. Lovell
- Published in print:
- 2020
- Published Online:
- September 2020
- ISBN:
- 9780226679877
- eISBN:
- 9780226680071
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226680071.003.0010
- Subject:
- Law, Employment Law
The concluding chapter expands on core ideas developed in the introductory chapter and integrated into the historical narrative, with an eye to reshaping the agendas of sociolegal scholars who ...
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The concluding chapter expands on core ideas developed in the introductory chapter and integrated into the historical narrative, with an eye to reshaping the agendas of sociolegal scholars who research the politics of legal rights mobilization. One core theme is the need for greater attention to state legal violence. A second, and closely related theme involves the theoretical framework of “racial capitalism” in which the contemporary rule of law is embedded and whose hierarchical structures law works to perpetuate. The most original, provocative, and no doubt controversial aspect of this analysis is the development of ideas regarding the variegated traditions of liberal, repressive, and – especially in the post-World War II – hybrid legal forms that sustain racial capitalist hierarchies. Special attention will be given to racialized subjectivities of low wage workers and institutional practices of legal administration that repress them, including especially criminal justice, “crimmigration,” segregated housing policy, and workplace governance. The chapter concludes with the implications of the critical analysis for legal mobilization, as practical politics and intellectual research agendas, in the contemporary period.Less
The concluding chapter expands on core ideas developed in the introductory chapter and integrated into the historical narrative, with an eye to reshaping the agendas of sociolegal scholars who research the politics of legal rights mobilization. One core theme is the need for greater attention to state legal violence. A second, and closely related theme involves the theoretical framework of “racial capitalism” in which the contemporary rule of law is embedded and whose hierarchical structures law works to perpetuate. The most original, provocative, and no doubt controversial aspect of this analysis is the development of ideas regarding the variegated traditions of liberal, repressive, and – especially in the post-World War II – hybrid legal forms that sustain racial capitalist hierarchies. Special attention will be given to racialized subjectivities of low wage workers and institutional practices of legal administration that repress them, including especially criminal justice, “crimmigration,” segregated housing policy, and workplace governance. The chapter concludes with the implications of the critical analysis for legal mobilization, as practical politics and intellectual research agendas, in the contemporary period.
Siri Gloppen
- Published in print:
- 2015
- Published Online:
- September 2015
- ISBN:
- 9780520283091
- eISBN:
- 9780520958920
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520283091.003.0014
- Subject:
- Sociology, Law, Crime and Deviance
This chapter proposes a research strategy for contextualizing legal struggles for human rights in a wider temporal, socio-political, institutional, and dynamic context. Studying the judicialization ...
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This chapter proposes a research strategy for contextualizing legal struggles for human rights in a wider temporal, socio-political, institutional, and dynamic context. Studying the judicialization of matters that were traditionally the domain of public policy is complex, even before taking into account the myriad non-judicial considerations and facilitating or constraining factors that affect processes and outcomes – such as capacity, mobilization, politics, meaning creation, or extra-territorial obligations. The framework presented allows comparative research to proceed in stages, where one phase of data collection answers a set of questions while raising others, and further research addresses new concepts and theoretical concerns. Work of various scholars can thus cumulate iteratively to address complexity in ways that are unfeasible in a single research project.Less
This chapter proposes a research strategy for contextualizing legal struggles for human rights in a wider temporal, socio-political, institutional, and dynamic context. Studying the judicialization of matters that were traditionally the domain of public policy is complex, even before taking into account the myriad non-judicial considerations and facilitating or constraining factors that affect processes and outcomes – such as capacity, mobilization, politics, meaning creation, or extra-territorial obligations. The framework presented allows comparative research to proceed in stages, where one phase of data collection answers a set of questions while raising others, and further research addresses new concepts and theoretical concerns. Work of various scholars can thus cumulate iteratively to address complexity in ways that are unfeasible in a single research project.
Dia Anagnostou
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780748670574
- eISBN:
- 9780748689101
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748670574.001.0001
- Subject:
- Law, Human Rights and Immigration
One of the most remarkable characteristics of the European Convention of Human Rights and its highly acclaimed judicial tribunal in Strasbourg is the extensive obligations of the contracting states ...
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One of the most remarkable characteristics of the European Convention of Human Rights and its highly acclaimed judicial tribunal in Strasbourg is the extensive obligations of the contracting states to give effect to its judgments. This book explores the processes of domestic execution of the European Court of Human Rights’ judgments and seeks to understand the variable patterns of implementation within and across states. It provides an interdisciplinary perspective into the multifaceted ways in which the Strasbourg Court's judgments influence and at times transform human rights standards, laws and policies at the national level. Eight country-based case studies focus on various areas of law and policy to examine how national authorities implement the ECtHR's judgments, as well as whether state compliance with these influences legal and policy change in the direction of expanding rights. A number of the contributions also explore how marginalised individuals, civil society and minority actors strategically take recourse in Strasbourg to challenge state laws, policies and practices. These bottom-up dynamics influencing the domestic implementation of human rights are virtually unexplored in the scholarly literature. What is the impact of the ECtHR's case law on the legal norms, institutional structures and policies of national states that participate in it± Do national authorities implement the adverse ECtHR's rulings, and what factors facilitate, or conversely restrict implementation± Does social, legal and political mobilisation affect the domestic implementation of the ECtHR's judgments, as well as their potential to exert broader influence over policy and democratic reforms±Less
One of the most remarkable characteristics of the European Convention of Human Rights and its highly acclaimed judicial tribunal in Strasbourg is the extensive obligations of the contracting states to give effect to its judgments. This book explores the processes of domestic execution of the European Court of Human Rights’ judgments and seeks to understand the variable patterns of implementation within and across states. It provides an interdisciplinary perspective into the multifaceted ways in which the Strasbourg Court's judgments influence and at times transform human rights standards, laws and policies at the national level. Eight country-based case studies focus on various areas of law and policy to examine how national authorities implement the ECtHR's judgments, as well as whether state compliance with these influences legal and policy change in the direction of expanding rights. A number of the contributions also explore how marginalised individuals, civil society and minority actors strategically take recourse in Strasbourg to challenge state laws, policies and practices. These bottom-up dynamics influencing the domestic implementation of human rights are virtually unexplored in the scholarly literature. What is the impact of the ECtHR's case law on the legal norms, institutional structures and policies of national states that participate in it± Do national authorities implement the adverse ECtHR's rulings, and what factors facilitate, or conversely restrict implementation± Does social, legal and political mobilisation affect the domestic implementation of the ECtHR's judgments, as well as their potential to exert broader influence over policy and democratic reforms±
- Published in print:
- 2008
- Published Online:
- June 2013
- ISBN:
- 9780804758093
- eISBN:
- 9780804779654
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804758093.003.0002
- Subject:
- Political Science, Political Theory
This chapter describes the specific and general contexts against which anti-treaty-rights activists react. In so doing, it sketches the backdrop for contemporary tribal legal mobilizations. The ...
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This chapter describes the specific and general contexts against which anti-treaty-rights activists react. In so doing, it sketches the backdrop for contemporary tribal legal mobilizations. The recognition by national officials of treaty rights to sovereign governance has been critical to Indian activism. Equally important has been the willingness of tribal nations to mobilize these treaty rights to secure national, state, and local compliance with the provisions that they promise. The chapter illustrates some of the core insights of the legal-mobilization scholarship. Legal mobilizations, if they are to be successful tools for social change, require a favorable set of conditions internal and external to the movements. Just such a constellation of favorable conditions emerged in the United States during the 1960s and 1970s; these conditions facilitated the successful legal mobilizations that propelled the treaty-rights movement. However, this favorable context was momentary, quickly giving way to a more negative context even as the most notable victories of the era resonated.Less
This chapter describes the specific and general contexts against which anti-treaty-rights activists react. In so doing, it sketches the backdrop for contemporary tribal legal mobilizations. The recognition by national officials of treaty rights to sovereign governance has been critical to Indian activism. Equally important has been the willingness of tribal nations to mobilize these treaty rights to secure national, state, and local compliance with the provisions that they promise. The chapter illustrates some of the core insights of the legal-mobilization scholarship. Legal mobilizations, if they are to be successful tools for social change, require a favorable set of conditions internal and external to the movements. Just such a constellation of favorable conditions emerged in the United States during the 1960s and 1970s; these conditions facilitated the successful legal mobilizations that propelled the treaty-rights movement. However, this favorable context was momentary, quickly giving way to a more negative context even as the most notable victories of the era resonated.
Georgina Stevens
- Published in print:
- 2013
- Published Online:
- November 2016
- ISBN:
- 9780824836979
- eISBN:
- 9780824870973
- Item type:
- chapter
- Publisher:
- University of Hawai'i Press
- DOI:
- 10.21313/hawaii/9780824836979.003.0013
- Subject:
- Society and Culture, Asian Studies
This concluding chapter provides a review of legal rulings pertaining to Ainu, but also develops an integrated assessment of how legal mobilization both at home and abroad has leveraged Ainu claims ...
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This concluding chapter provides a review of legal rulings pertaining to Ainu, but also develops an integrated assessment of how legal mobilization both at home and abroad has leveraged Ainu claims in “shaming the state.” Ainu achieved international notoriety by exposing the Japanese government's misdeeds in United Nations meetings, and linkages established there further galvanized the movement at home. While Ainu people have rarely seen concrete legal outcomes resulting in legal redress for historical or contemporary injustices, The collective gains of legal mobilization—symbolic, political, and economic—have helped improve and empower their domestic human rights situation. The remainder of the chapter enumerates the content and potential effects of the Japanese government resolution in 2008 to recognize the Indigenous status of Ainu.Less
This concluding chapter provides a review of legal rulings pertaining to Ainu, but also develops an integrated assessment of how legal mobilization both at home and abroad has leveraged Ainu claims in “shaming the state.” Ainu achieved international notoriety by exposing the Japanese government's misdeeds in United Nations meetings, and linkages established there further galvanized the movement at home. While Ainu people have rarely seen concrete legal outcomes resulting in legal redress for historical or contemporary injustices, The collective gains of legal mobilization—symbolic, political, and economic—have helped improve and empower their domestic human rights situation. The remainder of the chapter enumerates the content and potential effects of the Japanese government resolution in 2008 to recognize the Indigenous status of Ainu.
LaDawn Haglund and Robin Stryker (eds)
- Published in print:
- 2015
- Published Online:
- September 2015
- ISBN:
- 9780520283091
- eISBN:
- 9780520958920
- Item type:
- book
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520283091.001.0001
- Subject:
- Sociology, Law, Crime and Deviance
“Rights” language and practices have been used increasingly in the last decade to address conditions of economic, social, and cultural marginalization. It is still unclear, however, whether such ...
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“Rights” language and practices have been used increasingly in the last decade to address conditions of economic, social, and cultural marginalization. It is still unclear, however, whether such efforts have been effective at promoting transformative social change. Have rights - as embodied in constitutions, statutory and judicial law, international conventions, resolutions, and treaties - fostered demonstrative improvements in the lives of the excluded? When, where, how, and under what conditions? This volume explores these questions through a systematic comparison of the mechanisms, actors, and pathways (MAPs) operating in a diversity of cases, analyzed by established scholars from different disciplinary backgrounds. The MAPs comparative approach provides insights into the conditions under which, and institutions through which, rights “on the books” are more or less effectively translated into substantive rights realization. We suggest multiple pathways in which litigation may combine with non-legal mechanisms and strategies, including institutionalized and non-institutionalized politics and global and local networks and advocacy. The volume is unique in its synthesis and advancement of parallel issues and debates across different disciplines and geographic regions; it likewise brings into dialogue scholars of economic, social and cultural rights with the scholarship on civil and political rights. These cross-fertilizations allow us to conclude by proposing a series of testable hypotheses about how economic and social rights might be realized, as well as an agenda for future research to broaden and deepen empirical integration and theoretical synthesis in ways that can facilitate human rights realization worldwide.Less
“Rights” language and practices have been used increasingly in the last decade to address conditions of economic, social, and cultural marginalization. It is still unclear, however, whether such efforts have been effective at promoting transformative social change. Have rights - as embodied in constitutions, statutory and judicial law, international conventions, resolutions, and treaties - fostered demonstrative improvements in the lives of the excluded? When, where, how, and under what conditions? This volume explores these questions through a systematic comparison of the mechanisms, actors, and pathways (MAPs) operating in a diversity of cases, analyzed by established scholars from different disciplinary backgrounds. The MAPs comparative approach provides insights into the conditions under which, and institutions through which, rights “on the books” are more or less effectively translated into substantive rights realization. We suggest multiple pathways in which litigation may combine with non-legal mechanisms and strategies, including institutionalized and non-institutionalized politics and global and local networks and advocacy. The volume is unique in its synthesis and advancement of parallel issues and debates across different disciplines and geographic regions; it likewise brings into dialogue scholars of economic, social and cultural rights with the scholarship on civil and political rights. These cross-fertilizations allow us to conclude by proposing a series of testable hypotheses about how economic and social rights might be realized, as well as an agenda for future research to broaden and deepen empirical integration and theoretical synthesis in ways that can facilitate human rights realization worldwide.
Michael W. McCann and George I. Lovell
- Published in print:
- 2020
- Published Online:
- September 2020
- ISBN:
- 9780226679877
- eISBN:
- 9780226680071
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226680071.003.0001
- Subject:
- Law, Employment Law
The opening chapter summarizes the core themes and landmark events or developments in the historical narrative study from the initial colonial project of the US in the Philippines to the endemic ...
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The opening chapter summarizes the core themes and landmark events or developments in the historical narrative study from the initial colonial project of the US in the Philippines to the endemic “criminalization” of Filipino migrant workers in law and society, the second generation of worker’s aspirational political struggles, the murder of two reform leaders in 1981, and the devastating Wards Cove ruling in the late 1980s that rebuffed the workers’ claims and eviscerated civil rights law. After explaining the key terms in the book’s title – “by law” and “union” – the chapter outlines the core theoretical frameworks for the book, including legal mobilization theory, critical race theory, and racial capitalist analysis of the larger sociolegal context of workers’ rights struggles. Also discussed is the rationale for the historical research design, the constitutive approach to analysis of power, the role of Carlos Bulosan as literary chronicler and activist subject, and the unique, subtle epistemological and methodological standpoint of the book’s authors.Less
The opening chapter summarizes the core themes and landmark events or developments in the historical narrative study from the initial colonial project of the US in the Philippines to the endemic “criminalization” of Filipino migrant workers in law and society, the second generation of worker’s aspirational political struggles, the murder of two reform leaders in 1981, and the devastating Wards Cove ruling in the late 1980s that rebuffed the workers’ claims and eviscerated civil rights law. After explaining the key terms in the book’s title – “by law” and “union” – the chapter outlines the core theoretical frameworks for the book, including legal mobilization theory, critical race theory, and racial capitalist analysis of the larger sociolegal context of workers’ rights struggles. Also discussed is the rationale for the historical research design, the constitutive approach to analysis of power, the role of Carlos Bulosan as literary chronicler and activist subject, and the unique, subtle epistemological and methodological standpoint of the book’s authors.
- Published in print:
- 2008
- Published Online:
- June 2013
- ISBN:
- 9780804758093
- eISBN:
- 9780804779654
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804758093.003.0001
- Subject:
- Political Science, Political Theory
This chapter first sets out the book's purpose, which is to analyze special-rights talk both as it constitutes a specific set of disputes and as it reverberates generally. The book undertakes an ...
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This chapter first sets out the book's purpose, which is to analyze special-rights talk both as it constitutes a specific set of disputes and as it reverberates generally. The book undertakes an in-depth exploration of opposition to Indian treaty rights that illustrates the general impacts of special-rights discourse on American politics. The chapter considers legal-mobilization scholarship, and then discusses how conservative legal mobilizations are, in large part, reactions to the political activism of women, African Americans, the physically and mentally disabled, Indians, and gays and lesbians over the past fifty years—an activism characterized by a willingness to mobilize rights as resources for social change. However, threatened by the activism of the socially marginal, many resentful Americans responded with an activism of their own. An overview of the subsequent chapters is also presented.Less
This chapter first sets out the book's purpose, which is to analyze special-rights talk both as it constitutes a specific set of disputes and as it reverberates generally. The book undertakes an in-depth exploration of opposition to Indian treaty rights that illustrates the general impacts of special-rights discourse on American politics. The chapter considers legal-mobilization scholarship, and then discusses how conservative legal mobilizations are, in large part, reactions to the political activism of women, African Americans, the physically and mentally disabled, Indians, and gays and lesbians over the past fifty years—an activism characterized by a willingness to mobilize rights as resources for social change. However, threatened by the activism of the socially marginal, many resentful Americans responded with an activism of their own. An overview of the subsequent chapters is also presented.
Dia Anagnostou
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780748670574
- eISBN:
- 9780748689101
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748670574.003.0001
- Subject:
- Law, Human Rights and Immigration
This introductory chapter presents and elaborates on the main theme of the book – the domestic implementation of the European Court of Human Rights (ECtHR) judgments – and highlights its contribution ...
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This introductory chapter presents and elaborates on the main theme of the book – the domestic implementation of the European Court of Human Rights (ECtHR) judgments – and highlights its contribution in the existing body of scholarly research. In advancing an interdisciplinary perspective into the subject, it extends beyond the predominantly legal genre of scholarship to explore the institutional actors involved in it, as a few studies have began to do over the past couple of years. At the same time, this chapter also discusses the need for a for a multifaceted approach that further takes into account and explores the political context and the societal dynamics that influence domestic implementation. The next part of this introductory chapter depicts the basic contours of the Convention's institutional evolution and its enforcement machinery. The third part expounds the methodological and analytical considerations guiding the present set of studies, while the last two parts elaborate on and provide an overview of the two main sections of the book that examine a) the implementation responses of, and interactions among different institutional and governmental actors, and b) the patterns of legal and political mobilisation to pursue different minority-related rights claims vis-à-vis states.Less
This introductory chapter presents and elaborates on the main theme of the book – the domestic implementation of the European Court of Human Rights (ECtHR) judgments – and highlights its contribution in the existing body of scholarly research. In advancing an interdisciplinary perspective into the subject, it extends beyond the predominantly legal genre of scholarship to explore the institutional actors involved in it, as a few studies have began to do over the past couple of years. At the same time, this chapter also discusses the need for a for a multifaceted approach that further takes into account and explores the political context and the societal dynamics that influence domestic implementation. The next part of this introductory chapter depicts the basic contours of the Convention's institutional evolution and its enforcement machinery. The third part expounds the methodological and analytical considerations guiding the present set of studies, while the last two parts elaborate on and provide an overview of the two main sections of the book that examine a) the implementation responses of, and interactions among different institutional and governmental actors, and b) the patterns of legal and political mobilisation to pursue different minority-related rights claims vis-à-vis states.
Anne Newman
- Published in print:
- 2013
- Published Online:
- May 2014
- ISBN:
- 9780226071749
- eISBN:
- 9780226071886
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226071886.003.0005
- Subject:
- Education, Educational Policy and Politics
To examine the opportunities and challenges of attempting to secure educational rights through courts, Chapter 4 offers a case study of a landmark school finance lawsuit from Kentucky, Rose v. ...
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To examine the opportunities and challenges of attempting to secure educational rights through courts, Chapter 4 offers a case study of a landmark school finance lawsuit from Kentucky, Rose v. Council for Better Education.This case is often celebrated as the beginning of the “third wave” of school finance litigation, and it offers important lessons for ongoing school finance reform and for evolving conceptions of what the legal right to education entails. The chapter focuses on an under-analyzed feature of cases like Rose: how moral claims about educational entitlements can inspire citizens to mobilize and support litigation, which in turn can impact judicial outcomes and policy implementation. The chapter considers how particular educational rights claims figured into the Rosecase, and where they converged and diverged with moral claims about educational justice. This focus highlights the interplay between moral and legal conceptions of educational rights, and how the philosophical ideals advanced in the first part of the book may shape rights-based advocacy in practice.Less
To examine the opportunities and challenges of attempting to secure educational rights through courts, Chapter 4 offers a case study of a landmark school finance lawsuit from Kentucky, Rose v. Council for Better Education.This case is often celebrated as the beginning of the “third wave” of school finance litigation, and it offers important lessons for ongoing school finance reform and for evolving conceptions of what the legal right to education entails. The chapter focuses on an under-analyzed feature of cases like Rose: how moral claims about educational entitlements can inspire citizens to mobilize and support litigation, which in turn can impact judicial outcomes and policy implementation. The chapter considers how particular educational rights claims figured into the Rosecase, and where they converged and diverged with moral claims about educational justice. This focus highlights the interplay between moral and legal conceptions of educational rights, and how the philosophical ideals advanced in the first part of the book may shape rights-based advocacy in practice.
Dia Anagnostou
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780748670574
- eISBN:
- 9780748689101
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748670574.003.0010
- Subject:
- Law, Human Rights and Immigration
This concluding chapter discusses and analyses the patterns of variation in the domestic implementation of the ECtHR's judgments, as well as the attitudes of national officials, judges and government ...
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This concluding chapter discusses and analyses the patterns of variation in the domestic implementation of the ECtHR's judgments, as well as the attitudes of national officials, judges and government actors vis-à-vis the ECtHR's case law across and within the different countries under study. The implementation of the ECtHR's judgments and their potential for prompting reform and policy change domestically can be approached through different perspectives, which may also be relevant for understanding compliance with international law more broadly: the political and policy process, a judicial politics perspective, and a social mobilisation perspective. Besides reviewing the findings of the country case studies included in this volume, this chapter outlines and discusses these three perspectives. It ends by reflecting on and briefly discussing the role of the ECHR and the Strasbourg Court in promoting democracy in Europe.Less
This concluding chapter discusses and analyses the patterns of variation in the domestic implementation of the ECtHR's judgments, as well as the attitudes of national officials, judges and government actors vis-à-vis the ECtHR's case law across and within the different countries under study. The implementation of the ECtHR's judgments and their potential for prompting reform and policy change domestically can be approached through different perspectives, which may also be relevant for understanding compliance with international law more broadly: the political and policy process, a judicial politics perspective, and a social mobilisation perspective. Besides reviewing the findings of the country case studies included in this volume, this chapter outlines and discusses these three perspectives. It ends by reflecting on and briefly discussing the role of the ECHR and the Strasbourg Court in promoting democracy in Europe.
Michael W. McCann and George I. Lovell
- Published in print:
- 2020
- Published Online:
- September 2020
- ISBN:
- 9780226679877
- eISBN:
- 9780226680071
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226680071.003.0007
- Subject:
- Law, Employment Law
This chapter follows the rebirth of the oppositional rights tradition among a younger generation of Filipino American cannery workers and their diverse allies in the 1970s. A critical dimension of ...
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This chapter follows the rebirth of the oppositional rights tradition among a younger generation of Filipino American cannery workers and their diverse allies in the 1970s. A critical dimension of this story is the influence of African American labor activist Tyree Scott, who pioneered a model of transformative grassroots protests and class action civil rights lawsuits to open up the building trades in Seattle and elsewhere in the US. Scott’s model of legal mobilization was highly influential to a dissident group of young Filipinos, who joined him to form a “workers’” legal organization (LELO – Labor and Employment Law Office) and filed three civil rights law suits. The young reformers – led by Silme Domingo and Gene Viernes – aimed to use the litigation to improve worker conditions and opportunities in the canneries, to build support among workers for taking power from the corrupt union leadership in Local 37, and to catalyze support for alliance with anti-Marcos groups in the Philippines as well as anti-racist socialist reform activists in the metropole. The reform activists in the Alaska Cannery Workers Association (ACWA) realized great success on all three aspirations with this legal mobilization strategy.Less
This chapter follows the rebirth of the oppositional rights tradition among a younger generation of Filipino American cannery workers and their diverse allies in the 1970s. A critical dimension of this story is the influence of African American labor activist Tyree Scott, who pioneered a model of transformative grassroots protests and class action civil rights lawsuits to open up the building trades in Seattle and elsewhere in the US. Scott’s model of legal mobilization was highly influential to a dissident group of young Filipinos, who joined him to form a “workers’” legal organization (LELO – Labor and Employment Law Office) and filed three civil rights law suits. The young reformers – led by Silme Domingo and Gene Viernes – aimed to use the litigation to improve worker conditions and opportunities in the canneries, to build support among workers for taking power from the corrupt union leadership in Local 37, and to catalyze support for alliance with anti-Marcos groups in the Philippines as well as anti-racist socialist reform activists in the metropole. The reform activists in the Alaska Cannery Workers Association (ACWA) realized great success on all three aspirations with this legal mobilization strategy.
- Published in print:
- 2012
- Published Online:
- March 2013
- ISBN:
- 9780226063898
- eISBN:
- 9780226063911
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226063911.003.0001
- Subject:
- History, American History: 20th Century
Prince Edward County (PEC), Virginia, was the neglected chapter in American civil rights history. The racial history of Prince Edward is rich and complex. The county's pliable race relations allowed ...
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Prince Edward County (PEC), Virginia, was the neglected chapter in American civil rights history. The racial history of Prince Edward is rich and complex. The county's pliable race relations allowed blacks a limited voice in legal matters. The end of the Civil War radically reshaped race relations in the county and beyond. This book is a political history and analysis that tries to discover why Prince Edward, alone among localities, elected to abandon public education for five years. It uses Prince Edward as a case study to examine rhetorical defenses of racial segregation. It is also employed to study the use of legal mobilization and direct-action tactics in addressing racial inequalities, assessing how and when legal mobilization and direct action may result in tangible benefits. Finally, an overview of the chapters included in this book is given.Less
Prince Edward County (PEC), Virginia, was the neglected chapter in American civil rights history. The racial history of Prince Edward is rich and complex. The county's pliable race relations allowed blacks a limited voice in legal matters. The end of the Civil War radically reshaped race relations in the county and beyond. This book is a political history and analysis that tries to discover why Prince Edward, alone among localities, elected to abandon public education for five years. It uses Prince Edward as a case study to examine rhetorical defenses of racial segregation. It is also employed to study the use of legal mobilization and direct-action tactics in addressing racial inequalities, assessing how and when legal mobilization and direct action may result in tangible benefits. Finally, an overview of the chapters included in this book is given.
- Published in print:
- 2012
- Published Online:
- March 2013
- ISBN:
- 9780226063898
- eISBN:
- 9780226063911
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226063911.003.0008
- Subject:
- History, American History: 20th Century
This chapter investigates the strengths and limitations of legal mobilization strategies to forge social change. It evaluates the gap in the use of directaction techniques by Prince Edward blacks ...
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This chapter investigates the strengths and limitations of legal mobilization strategies to forge social change. It evaluates the gap in the use of directaction techniques by Prince Edward blacks from 1951 to 1963, exploring the obstacles that hindered the launch of a sustained protest campaign in the county. As the Prince Edward case showed, it was even more difficult to use outsider tactics to reopen schools than to desegregate them. The erasure of public education had contracted the ranks of black leadership and potential movement participants and forced black community members to resort to crisis management as they sought to secure education for their children. Protestors in Prince Edward did not have the capacity to pressure the county board of supervisors and school board to reopen schools.Less
This chapter investigates the strengths and limitations of legal mobilization strategies to forge social change. It evaluates the gap in the use of directaction techniques by Prince Edward blacks from 1951 to 1963, exploring the obstacles that hindered the launch of a sustained protest campaign in the county. As the Prince Edward case showed, it was even more difficult to use outsider tactics to reopen schools than to desegregate them. The erasure of public education had contracted the ranks of black leadership and potential movement participants and forced black community members to resort to crisis management as they sought to secure education for their children. Protestors in Prince Edward did not have the capacity to pressure the county board of supervisors and school board to reopen schools.
Kitty Calavita and Valerie Jenness
- Published in print:
- 2014
- Published Online:
- May 2015
- ISBN:
- 9780520284173
- eISBN:
- 9780520959835
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520284173.003.0008
- Subject:
- Sociology, Law, Crime and Deviance
This chapter sums up the findings and discusses their implications for understanding disputing, legal mobilization, and legal consciousness, as well as prison life itself. The authors emphasize that ...
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This chapter sums up the findings and discusses their implications for understanding disputing, legal mobilization, and legal consciousness, as well as prison life itself. The authors emphasize that institutional and structural location are critical to making sense of the findings, some of which appear at first glance to be counterintuitive and inconsistent with the prevailing literature. And they reflect on the importance of multiple sources of data across contexts—archived documents as well as spontaneous conversations in interviews—for complicating the understanding of these processes and advancing theory. Looking beyond the institutional and structural environment and methodological context, the analysis underscores the importance of situating work in its historical setting and the seismic tensions of its larger ideological-cultural landscape.Less
This chapter sums up the findings and discusses their implications for understanding disputing, legal mobilization, and legal consciousness, as well as prison life itself. The authors emphasize that institutional and structural location are critical to making sense of the findings, some of which appear at first glance to be counterintuitive and inconsistent with the prevailing literature. And they reflect on the importance of multiple sources of data across contexts—archived documents as well as spontaneous conversations in interviews—for complicating the understanding of these processes and advancing theory. Looking beyond the institutional and structural environment and methodological context, the analysis underscores the importance of situating work in its historical setting and the seismic tensions of its larger ideological-cultural landscape.
Michael W. McCann and George I. Lovell
- Published in print:
- 2020
- Published Online:
- September 2020
- ISBN:
- 9780226679877
- eISBN:
- 9780226680071
- Item type:
- book
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226680071.001.0001
- Subject:
- Law, Employment Law
Union by Law develops a theoretically sophisticated analysis about the contradictory power of law through a historical study of Filipino American labor rights activists. Beginning with the US ...
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Union by Law develops a theoretically sophisticated analysis about the contradictory power of law through a historical study of Filipino American labor rights activists. Beginning with the US invasion of the Philippines in 1898, the study tracks the experiences of Filipino migrant workers struggling for democratic egalitarian transformation in both the Philippine homeland and the US metropole over nearly a century. The narrative history builds on four core themes. First, the analysis situates the Filipino workers’ struggles within the hierarchical context of American “racial capitalist” empire. Second, the book contends that this hierarchical order was governed not by a uniformly liberal legal system, but rather by a patchwork of liberal, repressive, and hybrid legal practices targeting different subject groups and enacted through variable administrative forms. Filipino American laborers, like other racialized imported colonial populations, were routinely subjected to repressive legal violence at work, in social life, and in politics. Third, the book chronicles copious episodes of legal rights mobilization politics enacted by several generations of Filipino union activists struggling to challenge racial, capitalist, and imperial hierarchies. A devastating Supreme Court ruling against the workers in Wards Cove v. Atonio and triumphant wrongful death civil claims against the Marcos regime in 1989 epitomize the complex fates of these campaigns. Finally, the narrative history traces the long development of a radical oppositional rights consciousness that animated the labor activists’ struggles against, with, and beyond law. The book concludes by theorizing in general terms about legal mobilization politics amidst hegemonic racial capitalist empire.Less
Union by Law develops a theoretically sophisticated analysis about the contradictory power of law through a historical study of Filipino American labor rights activists. Beginning with the US invasion of the Philippines in 1898, the study tracks the experiences of Filipino migrant workers struggling for democratic egalitarian transformation in both the Philippine homeland and the US metropole over nearly a century. The narrative history builds on four core themes. First, the analysis situates the Filipino workers’ struggles within the hierarchical context of American “racial capitalist” empire. Second, the book contends that this hierarchical order was governed not by a uniformly liberal legal system, but rather by a patchwork of liberal, repressive, and hybrid legal practices targeting different subject groups and enacted through variable administrative forms. Filipino American laborers, like other racialized imported colonial populations, were routinely subjected to repressive legal violence at work, in social life, and in politics. Third, the book chronicles copious episodes of legal rights mobilization politics enacted by several generations of Filipino union activists struggling to challenge racial, capitalist, and imperial hierarchies. A devastating Supreme Court ruling against the workers in Wards Cove v. Atonio and triumphant wrongful death civil claims against the Marcos regime in 1989 epitomize the complex fates of these campaigns. Finally, the narrative history traces the long development of a radical oppositional rights consciousness that animated the labor activists’ struggles against, with, and beyond law. The book concludes by theorizing in general terms about legal mobilization politics amidst hegemonic racial capitalist empire.
Kitty Calavita and Valerie Jenness
- Published in print:
- 2014
- Published Online:
- May 2015
- ISBN:
- 9780520284173
- eISBN:
- 9780520959835
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520284173.003.0001
- Subject:
- Sociology, Law, Crime and Deviance
The introduction provides an overview of the book, briefly describing prison conditions, criticisms of the California Department of Corrections and Rehabilitation, the prisoner grievance process, and ...
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The introduction provides an overview of the book, briefly describing prison conditions, criticisms of the California Department of Corrections and Rehabilitation, the prisoner grievance process, and the existing literature on legal mobilization and disputing. The authors note that the extensiveness of prisoner grievance filing is inconsistent with findings from the literature on legal mobilization that show that stigmatized and/or vulnerable people are unlikely to launch disputes. The authors argue that this paradox, as well as others, must be understood within the context of the conflicting cultural and institutional logics of rights and carceral control. The chapter then provides a road map of the book.Less
The introduction provides an overview of the book, briefly describing prison conditions, criticisms of the California Department of Corrections and Rehabilitation, the prisoner grievance process, and the existing literature on legal mobilization and disputing. The authors note that the extensiveness of prisoner grievance filing is inconsistent with findings from the literature on legal mobilization that show that stigmatized and/or vulnerable people are unlikely to launch disputes. The authors argue that this paradox, as well as others, must be understood within the context of the conflicting cultural and institutional logics of rights and carceral control. The chapter then provides a road map of the book.
Kitty Calavita and Valerie Jenness
- Published in print:
- 2014
- Published Online:
- May 2015
- ISBN:
- 9780520284173
- eISBN:
- 9780520959835
- Item type:
- book
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520284173.001.0001
- Subject:
- Sociology, Law, Crime and Deviance
Appealing to Justice is an unprecedented study of disputing in prison and a rare glimpse of daily life inside this most closed of institutions. The authors gained unique access to California ...
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Appealing to Justice is an unprecedented study of disputing in prison and a rare glimpse of daily life inside this most closed of institutions. The authors gained unique access to California prisoners and correctional officers, as well as to thousands of prisoners’ grievances. Quoting extensively from these data, they give voice to those who are rarely heard from. These voices unsettle conventional wisdoms in the literature—for example, about the reluctance of vulnerable populations to launch disputes—and they do it with sometimes striking poignancy. The book is at once an empirically rich portrayal of legal mobilization and legal consciousness behind bars and a theoretically driven analysis of the conflicting logics underlying the contemporary U.S. prison system and the (post) civil rights society into which it is inserted. In their sweeping but concise analysis, the authors argue that the confluence of rights consciousness and the culture of punitive control—two of the defining logics of our age—has set in motion a seismic tension that is found in its most primal form in the contemporary prison and its internal grievance system. Ultimately, Appealing to Justice reveals a system that is fraught with institutional and cultural dilemmas and that delivers neither justice nor efficiency nor constitutional conditions of confinement.Less
Appealing to Justice is an unprecedented study of disputing in prison and a rare glimpse of daily life inside this most closed of institutions. The authors gained unique access to California prisoners and correctional officers, as well as to thousands of prisoners’ grievances. Quoting extensively from these data, they give voice to those who are rarely heard from. These voices unsettle conventional wisdoms in the literature—for example, about the reluctance of vulnerable populations to launch disputes—and they do it with sometimes striking poignancy. The book is at once an empirically rich portrayal of legal mobilization and legal consciousness behind bars and a theoretically driven analysis of the conflicting logics underlying the contemporary U.S. prison system and the (post) civil rights society into which it is inserted. In their sweeping but concise analysis, the authors argue that the confluence of rights consciousness and the culture of punitive control—two of the defining logics of our age—has set in motion a seismic tension that is found in its most primal form in the contemporary prison and its internal grievance system. Ultimately, Appealing to Justice reveals a system that is fraught with institutional and cultural dilemmas and that delivers neither justice nor efficiency nor constitutional conditions of confinement.
Kitty Calavita and Valerie Jenness
- Published in print:
- 2014
- Published Online:
- May 2015
- ISBN:
- 9780520284173
- eISBN:
- 9780520959835
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520284173.003.0002
- Subject:
- Sociology, Law, Crime and Deviance
This chapter provides an overview of the Prison Litigation Reform Act within the context of the skyrocketing prison population and advances in legal-rights consciousness. The authors show that the ...
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This chapter provides an overview of the Prison Litigation Reform Act within the context of the skyrocketing prison population and advances in legal-rights consciousness. The authors show that the predicted decline in prisoner litigation subsequent to the PLRA never occurred; instead, there was a dramatic increase in prisoner grievance filing. The chapter describes how the grievance system in California works, describes the range of grievances filed, quotes from actual grievances, and presents the best available estimates of outcome numbers. It concludes by pointing out that despite the slim odds of prisoners winning a grievance, this system that was mandated by Congress to curtail legal mobilization by prisoners arguably animates their rights consciousness.Less
This chapter provides an overview of the Prison Litigation Reform Act within the context of the skyrocketing prison population and advances in legal-rights consciousness. The authors show that the predicted decline in prisoner litigation subsequent to the PLRA never occurred; instead, there was a dramatic increase in prisoner grievance filing. The chapter describes how the grievance system in California works, describes the range of grievances filed, quotes from actual grievances, and presents the best available estimates of outcome numbers. It concludes by pointing out that despite the slim odds of prisoners winning a grievance, this system that was mandated by Congress to curtail legal mobilization by prisoners arguably animates their rights consciousness.
