The relationship between social movements and the legal * eld is controversial and complex. This paper begins by recognizing that the concept of social movement does not belong to legal doctrine and then synthetically reconstruct the relevance of it for a legal understanding. In fact, even if this concept is not formally taken into account by constitutions or by legal codes, a socio-legal approach underscores the need for the comprehension and inclusion of collective phenomena into legal theory. First, the pa- per explores the way in which ‘social movement’ has been taken up and translated in the legal * eld through the concept of social change and constitutional change. Second, this research goes through various cases in which social movements use law strate- gically, from the phenomenon of cause lawyering to the litigation strategy. Finally, it stands for a theoretical understanding of the role of social movements in legal theory as a lively expression of ‘becoming-constituent’.

Social Movements and The Legal Field: Becoming-Constituent

CHIARAMONTE X
2018-01-01

Abstract

The relationship between social movements and the legal * eld is controversial and complex. This paper begins by recognizing that the concept of social movement does not belong to legal doctrine and then synthetically reconstruct the relevance of it for a legal understanding. In fact, even if this concept is not formally taken into account by constitutions or by legal codes, a socio-legal approach underscores the need for the comprehension and inclusion of collective phenomena into legal theory. First, the pa- per explores the way in which ‘social movement’ has been taken up and translated in the legal * eld through the concept of social change and constitutional change. Second, this research goes through various cases in which social movements use law strate- gically, from the phenomenon of cause lawyering to the litigation strategy. Finally, it stands for a theoretical understanding of the role of social movements in legal theory as a lively expression of ‘becoming-constituent’.
2018
22
File in questo prodotto:
File Dimensione Formato  
Social_Movements_and_the_Legal_Field__Becoming-Constituent_Chiaramonte copia.pdf

non disponibili

Tipologia: Versione dell'editore
Licenza: Copyright dell'editore
Dimensione 1.11 MB
Formato Adobe PDF
1.11 MB Adobe PDF   Visualizza/Apri

I documenti in ARCA sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/10278/5039033
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus 3
  • ???jsp.display-item.citation.isi??? ND
social impact