As the essays in this special symposium demonstrate, the relationship between law and social movements has become an increasingly vibrant area of focus for movement scholars, and for good reason. Focusing on legal institutions, such as the courts, raises many important questions that continue to guide movement scholarship, including the role of elites in movement processes, the difficult balance between institutional tactics and broader movement building, and the relationship between strategy and tactical choices. However, as these essays also suggest, much of movement scholarship appears centrally concerned about the utility of litigation for advancing movement goals—fundamentally a question about outcomes, rather than one about dynamics. Continue reading
Tag Archives: court
By Siri Gloppen
Will going to court help or harm the cause? This is a burning question for social movements and scholars siding with them. And it should be given careful consideration, in light of socio-legal scholarship suggesting that the “haves” come out ahead in court (Galanter 1974), and that even when social movement litigation succeeds, court victories are “hollow hopes” (Rosenberg 1991) bringing no real change. Fears are not only that it is ineffective and a waste of resources, but also that it may be counterproductive—that courts-centered activism will legitimize the system, circumscribe the struggle in ways that prevent radical challenges to the status quo, and change and de-radicalize the movement itself (Scheingold 1974). Continue reading
A year ago, I wrote a couple of posts about the growing tensions between environmental activists and the Conservative government in Canada, particularly with regards to the Gateway and Keystone oil pipelines. The Conservative government portrayed environmental activists and organizations as radical and in many ways, depicted campaigns against the pipeline as coming from outside of Canada backed by foreign interests. But over the course of 2012, environmental issues became less salient with the public and garnered less attention from the media. Then, in a November 2012 Globe and Mail article, it was suggested that a recent Natural Resources Canada study finding that the chemical in the oil sands is not more corrosive than other oil, is a “major strike against a key argument made by opponents of pipelines.” With a lack of interest, apparently damning evidence against environmental activists, and determination on the part of the government to continue resource development (including the oil sands project), things were not looking good for environmental activists. The Conservative government has continued to champion the pipeline and has called for more proposals for future natural resource development.