Research Handbook on Law, Movements and Social Change

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Research Handbook on Law, Movements and Social Change

9781789907667 Edward Elgar Publishing
Edited by Steven A. Boutcher, Executive Officer, Law and Society Association, Corey S. Shdaimah, Daniel Thursz Distinguished Professor of Social Justice, University of Maryland, School of Social Work and Michael W. Yarbrough, Associate Professor of Law and Society, John Jay College of Criminal Justice, US
Publication Date: 2023 ISBN: 978 1 78990 766 7 Extent: 462 pp
The study of law and social movements provides an ideal lens for rethinking fundamental questions about the relationship between law and power. This Research Handbook takes up that challenge, framing a new, more global, dynamic, reflexive, and contextualised phase of social movement studies.

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Critical Acclaim
Contributors
Contents
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The study of law and social movements provides an ideal lens for rethinking fundamental questions about the relationship between law and power. This Research Handbook takes up that challenge, framing a more global, dynamic, reflexive, and contextualised phase of social movement studies.

Featuring international and interdisciplinary contributions, chapters focus on democratic and authoritarian rule, social movement strategies, identities, social positions, and the relationship between narratives and power. This Research Handbook not only asks why movements succeed or fail, but more broadly how law and movements become conduits for entrenching or resisting power. Calling for novel approaches to law and social movements scholarship, it provides an expansive range of case studies on the topic, and grapples with questions of governmental regimes, power, and social change.

This interdisciplinary Research Handbook will be of great value to sociologists, political scientists, and other sociolegal scholars with an interest in global perspectives on social movements, democracy, and authoritarianism. It will also be a relevant read for policymakers, activists, and legal professionals.
Critical Acclaim
‘Steven Boutcher, Corey Schdaimah and Michael Yarbrough''s new title Research Handbook on Law, Movements and Social Change, goes beyond legal strategies and legal mobilization to expand our notions of when and how the law intersects with forms of democracy and authoritarianism, the constitution of law through practice, and the role of narrative in advancing/challenging forms of legal thinking. The book goes well outside the precincts of the global North to deal with law’s intersections with a variety of historical and social contexts.’
– Sidney Tarrow, Cornell University, US

‘This Handbook revisits and reinvigorates the law and social movements literature. Chapters connect old debates on law’s mobilization in power disputes with new developments in social thought, political organization, and the geopolitics of knowledge. Amid the end of the liberal-democratic consensus and growing skepticism of law, it sets a new research agenda for socio legal scholars and offers valuable insights for practitioners and activists who will not give up on change.’
– Fabio de Sa e Silva, University of Oklahoma, US
Contributors
Contributors: Mariam A. Abdulraheem-Mustapha, Bruce Baer Arnold, Farieha Aziz, Steven A. Boutcher, Lynette J. Chua, Arielle Corobow, Shaneda Destine, Manoj Dias-Abey, Karla L. Escobar H., Cynthia Farid, Mayra Feddersen, Carly Guest, Trevor Hoppe, Ching-fang Hsu, Sébastien Jodoin, Filiz Kahraman, Heba M. Khalil, Maryam S. Khan, Arpitha Kodiveri, Dilek Kurban, Jason Leggett, Sida Liu, Tshepo Madlingozi, Marlin Mancilla, Michael McCann, Sindiso Mnisi Weeks, Azubike Onuora-Oguno, Rachel Seoighe, Mihaela Şerban, Corey Shdaimah, Danish Sheikh, Shannon Snow, Freek van der Vet, Di Wang, Viviane Weitzner, Javier Wilenmann, Michael W. Yarbrough
Contents
Contents:

1 Introduction to the Research Handbook on Law, Movements and Social
Change: On “legitimate political discourse” in the global twenty-first century 1
Michael W. Yarbrough, Corey Shdaimah, and Steven Boutcher

PART I AUTHORITARIANISM, DEMOCRACY, AND THE SPACES BETWEEN
2 Rights mobilization: A view from Southeast Asia 20
Lynette J. Chua
3 Activist anthropology “on the live edge” in Colombia: A conversation
among collaborators 38
Viviane Weitzner and Marlin Mancilla
4 Masks against panopticism? Enabling and contesting social change
through anonymous engagement 56
Bruce Baer Arnold
5 Lawyers and social movements in Taiwan: two waves of mobilization
and two generations of activist lawyers 71
Ching-Fang Hsu
6 Imperial structures and insurgent agents: Historical reflections on
lawyers and social movements in South Asia 87
Cynthia Farid
7 Law and liberation: legal consciousness and Legal mobilization in
post-communist Europe 102
Mihaela Şerban

PART II BEYOND STRATEGY: ACTING IN CONTEXT
8 Spies, lies, trials, and trolls: Political lawyering against disinformation
and state surveillance in Russia 119
Freek van der Vet
9 Performing artivism: Feminists, lawyers, and online legal mobilization in China 136
Di Wang and Sida Liu
10 Feminist activism: Rural South African vernacular law as an “accidental” site 153
Sindiso Mnisi Weeks
11 Fumbling towards legal mobilization in the community college classroom 168
Jason M. Leggett
12 The “defamation backlash”: Law and the feminist movement in Pakistan 182
Maryam S. Khan and Farieha Aziz
13 Mobilizing supranational courts in authoritarian and violent contexts:
Kurdish lawyers before the European Court of Human Rights 197
Dilek Kurban
14 Activists as allies of international courts: Assessing the impact of legal
mobilization at international courts 211
Filiz Kahraman

PART III SPEAKING AS, SPEAKING FROM, SPEAKING FOR:
IDENTITIES AND SOCIAL POSITIONS
15 Social movement struggles for decolonization and (re)constitution from
below: Abahlali baseMjondolo’s strivings against pariahdom 227
Tshepo Madlingozi
16 Police as agents of change: How the police led the movement to
criminalize HIV 243
Trevor Hoppe
17 The importance of intersectionality in evaluating the surveillance and
protest politics of the Movement for Black Lives (M4BL) 254
Shaneda L. Destine
18 No separate peace: On intersectional coalition solidarity and rights radicalism 268
Michael McCann
19 Legal mobilisation and identity formation in British trade unions:
Bridging the spaces in-between? 286
Manoj Dias-Abey
20 “We Belong to the Streets”: Lawyers and social movements in
post-revolution Egypt 300
Heba M. Khalil

PART IV NARRATIVES AND LEGITIMACIES: STORIES OF POWER
AND THE POWER OF STORIES
21 Realizing the right to be cold? Framing processes and outcomes
associated with the Inuit petition on human rights and global warming 314
Sébastien Jodoin, Shannon Snow, and Arielle Corobow
22 From being Adivasi to becoming climate warriors: Transformation in the
politics of recognition and legal mobilization in India’s coal-mining areas 329
Arpitha Kodiveri
23 Indigenous law and social mobilization: A history of the concept of
Derecho Mayor in Cauca (Colombia) 345
Karla L. Escobar H.
24 Beyond the law to sociolegal intervention: The Boko Haram insurgency
and the Nigerian Child 359
Azubike Onuora-Oguno and Mariam Abdulraheem-Mustapha
25 Knowing and not-knowing: I-poems and dialogue as a decarceral
feminist methodology 372
Carly Guest and Rachel Seoighe
26 Contesting authority in the crisis of neoliberalism: The Chilean Spring
and the mobilization of human rights frames 391
Javier Wilenmann and Mayra Feddersen

PART V THERE’S NO SUCH THING AS A FINAL WORD …
27 Ten fragments on lawful storytelling 408
Danish Sheikh

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