Legal mobilisation

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The law cannot save those who deny it but neither can the law serve any who do not use it. The history of injustice and inequality is a history of disuse of the law. Law has not failed--and is not failing. We as a nation have failed ourselves by not trusting the law and by not using the law to gain sooner the ends of justice which law alone serves. ~ Lyndon B. Johnson A mosaic LAW by Frederick Dielman, 1847-1935.JPG
The law cannot save those who deny it but neither can the law serve any who do not use it. The history of injustice and inequality is a history of disuse of the law. Law has not failed--and is not failing. We as a nation have failed ourselves by not trusting the law and by not using the law to gain sooner the ends of justice which law alone serves. ~ Lyndon B. Johnson

Legal mobilisation is a tool available to paralegal and advocacy groups, to achieve legal empowerment by supporting a marginalized issues of a stakeholder, in negotiating with the other concerned agencies and other stakeholders, by strategic combined use of legal processes along with advocacy, media engagement and social mobilisation. [1] As per Frances Kahen Zemans (1983) the Legal mobilisation is "a desire or want, which is translated into a demand as an assertion of one's rights". [2]

Contents

According to Lisa Vanhala (November 2011) Legal mobilisation in its narrowest sense, may refer to high-profile litigation efforts for (or, arguably, against) social change or more broadly, term legal mobilisation has been used to describe any type of process by which an individual or collective actors invoke legal norms, discourse, or symbols to influence policy or behavior. [3] This typically means that there are policies or regulations to mobilize around and a mechanism by which to do so. [4] Legislative activity does create an opportunity for legal mobilization. The courts become particularly relevant when petitioners have grounds to file suit. [4]

History of conceptualisation

The use of the law and legal systems by disadvantaged people to contest the unfair distribution of power and resources is a real-world phenomenon that predates and exists independently of international law and justice assistance. [5]

study and research

Tool to ensure statutory intervention

Particularly in circumstances where traditional power resources, in terms of bargaining power and worker solidarity, are not firmly established, Use of the legal mobilisation clearly offers important additional tactics. [6]

See also

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Advocacy is an activity by an individual or group that aims to influence decisions within political, economic, and social institutions. Advocacy includes activities and publications to influence public policy, laws and budgets by using facts, their relationships, the media, and messaging to educate government officials and the public. Advocacy can include many activities that a person or organization undertakes, including media campaigns, public speaking, commissioning and publishing research. Lobbying is a form of advocacy where a direct approach is made to legislators on a specific issue or specific piece of legislation. Research has started to address how advocacy groups in the United States and Canada are using social media to facilitate civic engagement and collective action.

Social movement Loosely organized effort by a large group of people to achieve a particular set of goals

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Resource mobilization

Resource mobilization is the process of getting resources from the resource provider, using different mechanisms, to implement an organization's predetermined goals. It is a theory that is used in the study of social movements and argues that the success of social movements depends on resources and the ability to use them.

Mass mobilization refers to mobilization of civilian population as part of contentious politics. Mass mobilization is defined as a process that engages and motivates a wide range of partners and allies at national and local levels to raise awareness of and demand for a particular development objective through face-to-face dialogue. Members of institutions, community networks, civic and religious groups and others work in a coordinated way to reach specific groups of people for dialogue with planned messages. In other words, social mobilization seeks to facilitate change through a range of players engaged in interrelated and complementary efforts.

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Advocacy groups, also known as interest groups, special interest groups, lobbying groups or pressure groups use various forms of advocacy in order to influence public opinion and ultimately policy. They play an important role in the development of political and social systems.

Legal awareness, sometimes called public legal education or legal literacy, is the empowerment of individuals regarding issues involving the law. Legal awareness helps to promote consciousness of legal culture, participation in the formation of laws and the rule of law.

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Legal opportunity structure or legal opportunity is a concept found in the study of law and social movements. It was first used in order to distinguish it from political opportunity structure or political opportunity, on the basis that law and the courts deserved to be studied in their own right rather than being lumped together with political institutions. Legal opportunities are made up of: access to the courts, which may be affected in particular by the law on standing or locus standi, and costs rules; 'legal stock' or the set of available precedents on which to hang a case; and judicial receptiveness. Some of these are more obviously structural than others - hence the term legal opportunity is sometimes preferred over legal opportunity structure.

Strategic litigation Litigation intended to change society

Strategic litigation, also known as impact litigation, is the practice of bringing lawsuits intended to effect societal change. Impact litigation cases may be class action lawsuits or individual claims with broader significance, and may rely on statutory law arguments or on constitutional claims. Such litigation has been widely and successfully used to influence public policy, especially by left-leaning groups, and often attracts significant media attention. One prominent instance of this practice is Brown v. Board of Education.

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References

  1. Cotula, Lorenzo (1 Jan 2007). Legal Empowerment for Local Resource Control: Securing Local Resource Rights Within Foreign Investment Projects in Africa. IIED, 2007. p. 48. ISBN   9781843696674 . Retrieved 24 November 2014.
  2. Zemans, Frances (Sep 1983). "Legal Mobilization: The Neglected Role of the Law in the Political System". The American Political Science Review. USA: American Political Science Association. 77 (3): 690–703. doi:10.2307/1957268. JSTOR   1957268. S2CID   147561468.
  3. Vanhala, Lisa (November 2011). "Legal Mobilization". Political Science. Oxford University Press. doi: 10.1093/obo/9780199756223-0031 . ISBN   9780199756223 . Retrieved 24 November 2014.
  4. 1 2 Pettinicchio, David (February 4, 2013). "The When, Why, and How of Legal Mobilization". Mobilizing Ideas. Retrieved 24 November 2014.
  5. odi.org. "The politics of legal empowerment: legal mobilisation strategies and implications for development". odi.org. publications/8485-legal-empowerment-mobilisation. Retrieved 24 November 2014.
  6. Colling, Trevor (June 2009). Marginson, Paul (ed.). "Court in a trap? Legal Mobilisation by Trade Unions in the United Kingdom" (PDF). Warwick Papers in Industrial Relations. Warwick, Coventry, United Kingdom: Industrial Relation s Research Unit University of Warwick Coventry. 91. Retrieved 24 November 2014.