Law and Social Movements

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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.

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Table of Contents

1 Legal mobilization and social reform movements : notes on theory and its application 3
2 Positivism, interpretivism, and the study of law 33
3 Causal versus constitutive explanations (or, on the difficulty of being so positive ...) 55
4 Right, rage, and remedy : forms of law in political discourse 83
5 The structural context of novel rights claims : southern civil rights organizing, 1961-1966 97
6 Human rights in Israel/Palestine : the history and politics of a movement 137
7 So help me God : a comparative study of religious interest group litigation 155
8 The ADA on the road : disability rights in Germany 199
9 Rights as excess : understanding the politics of special rights 239
10 Law as a weapon in social conflict 285
11 Legal mobilization as a social movement tactic : the struggle for equal employment opportunity 301
12 Comparing women's rights litigation in the Netherlands and the United States 327
13 Long-term strategies in Japanese environmental litigation 355
14 Fufubessei movement in Japan : thinking about women's resistance and subjectivity 379
15 Law and the protection of cultural communities : the case of Native American fishing rights 387
16 Legal control of the southern civil rights movement 405
17 Social movements, law, and society : the institutionalization of the environmental movement 419
18 Rights and social movements : counter-hegemonic strategies 455
19 Race, reform, and retrenchment : transformation and legitimation in antidiscrimination law 475
20 Family, law and sexuality : feminist engagements 533
21 Postmodernism, protest, and the new social movements 555
22 International law and social movements : challenges of theorizing resistance 591
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