Suchergebnisse

"Making Rights a Reality? explores the way in which disability activists in the United Kingdom and Canada have transformed their aspirations into legal claims in their quest for equality. It unpacks shifting conceptualizations of the political identity of disability and the role of a rights discourse in these dynamics. In doing so, it delves into the diffusion of disability rights among grassroots organizations and the traditional disability charities. It then shows how the diffusion of this rights model of disability can explain how and why disability activists have deployed legal strategies in pursuit of their goals. The book draws on a wealth of primary sources including court records and campaign documents and encompassing interviews with more than sixty activists and legal experts. While showing that the disability rights movement has had a significant impact on equality jurisprudence in two countries, the book also demonstrates that the act of mobilizing rights can have consequences, both intended and unintended, for social movements themselves"--Provided by publisher

Making Rights a Reality? explores the way in which disability activists in the United Kingdom and Canada have transformed their aspirations into legal claims in their quest for equality. It unpacks shifting conceptualizations of the political identity of disability and the role of a rights discourse in these dynamics. In doing so, it delves into the diffusion of disability rights among grassroots organizations and the traditional disability charities. The book draws on a wealth of primary sources including court records and campaign documents and encompassing interviews with more than sixty activists and legal experts. While showing that the disability rights movement has had a significant impact on equality jurisprudence in two countries, the book also demonstrates that the act of mobilizing rights can have consequences, both intended and unintended, for social movements themselves

Applying insights from science and technology studies about the "coproduction" of science and sociopolitical order to research on legal mobilization yields important theoretical insights. Using the polar bear petition campaign by the Center for Biological Diversity as an illustrative case, this article shows how this protracted legal campaign around protection of the polar bear and its habitat opened up new legal opportunities for those advocating for the regulation of carbon emissions, mandated state‐sponsored generation of climate science, legally constructed the polar bear as "endangered," and helped to shape the priorities of the nongovernmental organization itself.

Research on legal opportunity structures has focused on how existing law, standing rules, and the costs of litigation shape the likelihood that social movement groups will mobilize the law. Yet there has been relatively little research on how and why legal opportunity structures change over time. This article focuses on a case study of the mobilization of procedural environmental rights contained within the Aarhus Convention. It addresses the following empirical puzzle: how did rights that were designed to help Eastern Europeans achieve environmental democracy eventually contribute to a reshaping of the structure of legal opportunities in Britain? Through a two‐step historical process‐tracing analysis that relies on a social constructivist theoretical approach, this research shows that environmental groups mobilized Aarhus rights in a number of ways and across different judicial venues, resulting in an evolution over time of the meaning of access to justice so that it included being "not prohibitively expensive." This research builds on previous work to show that civil society agents are not passive agents situated within legal opportunity structures but instead are strategic actors who can develop and shape access to justice through policy entrepreneurialism and litigation.

This article surveys the use of process tracing as a method in research on global and comparative environmental politics. It reveals that scholars have been reluctant to explicitly embrace the method, even though a great deal of environmental politics research relies on process tracing and studies causal mechanisms. I argue that the growing number of critiques that the subfield is overly descriptive and insufficiently focused on explanation is one consequence of the reluctance to explicitly embrace process tracing. Drawing on recent debates on causal mechanisms within the philosophy of social science and a growing literature on how to trace processes, this article outlines best practices in the application of the method in the study of environmental politics. I consider some ways in which the use of process tracing in the study of environmental politics may be different from its use in other areas of comparative politics and international relations.

What explains the likelihood that a nongovernmental organization (NGO) will turn to the courts to pursue their policy goals? This article explores the factors that influence the mobilization of law by environmental NGOs in four Western European countries. It finds that explanations focused on legal opportunity structures are unable to account for the patterns of within-country variation in legal mobilization behavior. The research also shows that bird protection NGOs as well as home-grown national environmental NGOs are generally more likely to turn to law than transnational environmental groups. Although resources and legal opportunities clearly matter to some extent, the author suggests—drawing on sociological institutionalist theory—that explanations of NGO legal mobilization should (a) incorporate an understanding of how groups frame and interpret the idea of "the law" and (b) explore the role of "strategy entrepreneurs" who promote the use of particular tactics within an organization.

This article examines the spread of disability rights across European countries. Existing theoretical explanations of rights diffusion are unable to account for the pattern of adoption of disability equality norms across Europe over the last twenty years. The article argues top-down explanations need to be complemented by agent-centered approaches to convincingly account for the case of disability rights in Europe. Engagement with social movement theory that takes domestic activists and the meanings they attribute to rights seriously offers a better understanding of how and why we might see the rise of rights in one case and their rejection in another.