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Johannesburg’s participatory institutions have created avenues of contestation at different levels of government that protesting communities have been able to take advantage of. This includes in terms of electoral mobilization, legal contestation, and in terms of engagement with state agencies. I trace these participatory institutions to the relationship between the ANC and civil society during the democratic transition. The ANC’s social democratic ideology, and its alliances with grassroots organizations in the fight against apartheid, created an expectation that democracy would mean greater participation at the local level. As a result, Johannesburg today has strong, competitive local government, a legal system built on public interest litigation, and an institutionalized culture of participation held by state agencies. Using interviews with protesters, elected officials, and bureaucrats, I show how smaller, fragmented communities have still been able to target these institutions to advance their demands to housing.
This article undertakes a systematic analysis of environmental litigation at the Court of Justice of the European Union, focusing primarily on preliminary reference procedures initiated by civil society actors. It does so in order to provide a basis for future research that goes beyond individual case studies. Central take-aways are strong geographical disparities in cases brought by individuals and environmental non-governmental organisations (ENGOs), with many cases from Belgium, France, Germany, and the Netherlands and very few cases from Spain, Greece and Portugal. Cases brought by individuals are equally numerous as cases brought by ENGOs, suggesting that ENGOs are not the only beneficiaries of the procedural innovations precipitated by the Aarhus Convention. Finally, companies are the most frequent litigants in environmental cases. Not all such cases challenge environmental obligations, but the significant number of cases that do, even where they are directed at individual decisions rather than policies, pose significant questions about the cumulative effects of such litigation.
Scholars have examined how legal mobilization unifies or divides social movement organizations, largely treating it as a singular process. Yet, social movement organizations united in litigation may diverge in legislative reform. Drawing on the case of South Korea’s statutory rape law, I show how organizational identities rooted in distinct ideological orientations and commitments to different victim populations remained implicit during collaborative litigation. When a legislative opening emerged from changing political opportunities, some organizations advanced age-based protections while others resisted, interpreting age-raising as undermining transformative reforms of rape law toward a consent-based definition of rape. The findings demonstrate that legal institutions mediate how organizational identity shapes responses to political opportunities: litigation enables bracketing differences, while legislation exposes divergent interpretations. This paper contributes to an understanding of how legal mobilization and movement factions are structured and operate.
This article examines the first attempts of the transnational gay rights movement to frame its demands in the vocabulary of international human rights law (IHRL). Based on archival research and oral history interviews, the article narrates how the International Gay Association (IGA) advocated for recognition within broader IHRL civil society between the late 1970s and early 1990s. The article analyses the almost two-decades-long campaign to convince Amnesty International that gay rights were an IHRL issue. The lobby directed at Amnesty serves to demonstrate a threefold argument: (i) queer transnational activism’s history significantly overlaps with the history of IHRL; (ii) the resort to IHRL by queer activists was both purposeful and accidental. While it ultimately proved decisive in positioning LGBTI+ struggles within mainstream legal debates, it also relied on a contingent set of historical conditions and strategic choices; (iii) queer demands were not ‘naturally’ linked to IHRL, and it took a lengthy process of advocacy for the scope of IHRL to finally open itself to queer claims.
This review essay articulates methodological insights gleaned from Whitney Taylor’s The Social Constitution: Embedding Social Rights Through Legal Mobilization (Cambridge University Press, 2023). Through an analysis of how Taylor used interview and comparative methods, the essay addresses the opportunities and challenges of drawing on interview data to make sense of past events. It also explores the use of comparative methods, both comparing one country to another and comparing different regions in one country.
This study examines how Chinese university students’ legal consciousness is shaped by the tension between rights empowerment and repressive control in the context of anti-sexual harassment mobilization. Drawing on relational legal consciousness scholarship and extending work on relational repression, I argue that the legal dualism of the authoritarian state, which promotes rights through legislation while suppressing their assertion through stability maintenance, reaches students through their relational networks. Based on in-depth interviews with forty-eight students and seventeen institutional actors, supplemented by participant observation, this study identifies “concern for rights” and “concern for oppression” as two competing forces generated and transmitted through relationships. Contrasting these two forces, I propose a two-dimensional framework that maps four states of legal consciousness. Among them, “watchful awakening,” where students are fully aware of rights violations yet strategically constrained by oppression, emerges as predominant. The study traces how relational variables, including student positionality, institutional dependency, and university hierarchy, shift the relative weight of these concerns and propel students between different states. This framework reveals how the state’s contradictory signals are reproduced at the individual level through the very relationships that individuals depend on for support, solidarity, and survival.
This article identifies and analyzes a select body of climate litigation, framing such litigation as a decolonial approach to legal mobilization. Drawing on 58 cases filed between 2003 and 2023, we examine how certain climate lawsuits – spanning diverse jurisdictions, legal claims, and forums – articulate political projects grounded in historical struggles against colonialism, racial capitalism, and extractivism. Instead of adopting conventional typologies based on rights, torts or procedural elements, we propose a political lens attentive to the subaltern voices, contexts, and narratives that animate these cases. We identify commonalities across this litigation: racialized plaintiffs, three contexts of decolonial struggle (settler colonies, metropoles/(post)colonies, and global peripheries), and four distinctive types of decolonial claim. While these cases remain partially entangled with liberal legal frameworks, they nonetheless contest dominant climate governance paradigms and advance emancipatory visions of justice. We argue that these cases represent a tactical, albeit imperfect, intervention in the struggle for decolonial climate justice.
While prior research has focused on the role of cause lawyers in legal and social reforms within authoritarian regimes, the everyday practices of non-cause lawyers handling controversial cases remain unexplored. Drawing on 60 interviews with family lawyers and divorced women in Iran, this study directs attention to the everyday practices of ordinary lawyers, with a focus on divorce cases initiated by women, which are among the most challenging cases in Iran’s family courts. The study introduces a typology to distinguish between lawyers who are outcome-oriented and those who are transformative-oriented. I argue that lawyers’ perceptions of professional responsibility and their understandings of what counts as “meaningful reform” in a judiciary that is unreceptive to women’s rights influence how they pursue legal mobilization against codified gender inequality within an authoritarian system. This study concludes by suggesting that future research should examine how lawyers’ interpersonal interactions, as well as their educational and professional training, shape their approaches to challenging inequality and discrimination.
This article asks how legalism emerges in policy fields long governed by informal coordination and weak legal enforcement, focusing on Japan’s consumer finance regime. It develops the concept of “processual legalism,” in which legalism is understood not as an all-or-nothing regime type but the cumulative result of recurrent interactions between courts, bureaucracies, legislators, and cause lawyers. The article identifies three core mechanisms: institutional friction, generated by regulatory ambiguity and uneven enforcement; normative reframing, through which lawyers transform moralised, individualised grievances into structural injustices; and consensus realignment, as judicially articulated norms are integrated into administrative and legislative reforms. Together, these mechanisms illuminate legalism as a contingent process rather than a structural condition. While legalism is episodic in its activation, the institutional changes it generates are incremental and consensus-dependent, revealing important varieties of legalism within coordinated market economies.
Chapter 4 uses original survey data to test the book’s theoretical claims. The first set of findings focuses on property rights. Disputes over state land takings are concentrated where land values are greatest: close to urban centers. The second set of results focuses on how the legal system channels conflict; grievances of rural residents over state land takings often go unresolved. In the wake of state land takings, rural residents use law to fight village leaders and neighbors in order to get a bigger share of limited state compensation for lost land. The data also reveal which villagers are more likely to take action in the face of land grievances. Possible actions include mediating, petitioning, litigating, protesting, and contacting media or a local People’s Congress deputy. Personal connections to the party-state are key, while legal knowledge and party membership have no effect. The third set of results focuses on the official project of legal construction. Data analysis shows that state legal programming changes citizens’ legal consciousness and increases regime legitimacy, as measured by trust in the party-state, for the majority of citizens. Fourth, for the minority of the population that directly experiences grievances over land, trust in the state declines.
Sociolegal research has long found that most people “lump” their problems rather than pursue legal remedies. This study examines how social media transforms legal consciousness and mobilization. Drawing on in-depth interviews with 100 families who experienced the same birth injury, and 37 legal and medical professionals, we analyze how online communities shape perceptions of medical injury, blame attribution, and legal action. We find that parents often experience profound guilt, believing they are responsible for their child’s injury. However, participation in online support groups reframes their understanding of the injury, shifting their guilt toward medical providers and fostering legal claims. Our findings show that social media serves as a new “structuring structure,” shaping legal consciousness across geographic and social class boundaries. Social media serves as a powerful force in shaping parents’ perceptions of their child’s injuries as legally actionable, challenging existing assumptions about why people do or do not pursue legal action. By examining how online communities facilitate the transformation from guilt to blame and encourage legal mobilization, this study contributes to broader sociolegal debates about the role of digital technologies in shaping contemporary legal consciousness.
Chapter 1 introduces the book’s central questions: Why have labor activists in Europe turned to the European Court of Human Rights (ECtHR) to claim trade union rights, and what impact does this international litigation have on labor movements? While organized labor has historically relied on collective action rather than courts, this chapter situates that shift within broader transformations, including the erosion of union power under neoliberalism and the expanding authority of international courts. Yet the limited reforms states often undertake in response to ECtHR rulings rarely meet activists’ expectations. To explain how international litigation became a resource for workers, the chapter introduces the concept of strategic mobilization of human rights: an instrumental approach in which activists deploy human rights law to pursue concrete goals without necessarily embracing its ideals. Even pending or unsuccessful cases can catalyze social movements and shift political dynamics. The chapter also outlines the book’s methodological approach, which combines an original database of ECtHR labor rulings (StrasLab) with fieldwork on labor movements in Turkey and the UK. Situating the book’s contribution to debates on legal mobilization, labor revitalization, and international courts, it argues that the transformative potential of human rights courts ultimately depends on mobilization from below.
This chapter reflects on what international human rights litigation has achieved for labor movements in an era of growing repression and backlash against international courts. Focusing on the experiences of Turkish public sector unions and blacklisted workers in the UK, it addresses a central question: Can international courts meaningfully support workers’ rights in the face of neoliberal restructuring and authoritarian resurgence? The chapter argues that while human rights law is no substitute for rank-and-file mobilization, it has provided activists with tools to contest repression, demand accountability, and carve out political space in hostile environments. Legal victories have not reversed the long-term weakening of organized labor, but they have enabled fragile gains – moments of visibility, legitimacy, and mobilization – that matter both symbolically and materially. Labor’s engagement with human rights remains pragmatic, and hence potentially tenuous; but the resources, aspirations, and alliances this engagement leaves behind can seed future movements. Drawing out both the limits and possibilities of international legal mobilization, the chapter closes by emphasizing the enduring struggles and adaptive strategies of labor in hard times.
This chapter places labor lawyers center stage, examining their role in advancing labor rights litigation at the ECtHR. The analysis shows how ideologically driven lawyers – often working with limited resources – led international litigation efforts on behalf of unions in the UK and Turkey. Drawing on interviews and case law analysis, it traces how these lawyers identified the ECtHR as a viable target within a broader landscape of international legal institutions and crafted litigation strategies. The chapter conceptualizes this process across three phases: an initial probing phase in the 1990s, marked by uncertainty and experimentation; an expansion phase in the 2000s as the ECtHR signaled growing receptiveness to labor rights; and a post-2010 backlash phase, during which the Court’s authority came under strain. By tracing these developments, the chapter underscores how lawyers bridged local struggles and international legal arenas, expanding the scope of human rights protections while adapting litigation strategies to shifting political constraints at home.
This chapter shifts attention to the indirect effects of international litigation, specifically, how grassroots mobilization can be shaped in the shadow of official law. It examines the case of the Blacklist Support Group (BSG), a network of construction workers in UK who were blacklisted for their union activism. Even without favorable rulings from the ECtHR, BSG activists used the litigation process to amplify their claims, attract media attention, and apply political pressure. The chapter introduces the concept of “on-stage” and “off-stage” mobilization to describe how workers adopted an instrumental approach to human rights, invoking them in public campaigns while continuing to ground their internal discourse and solidarity ties in class-based themes. Drawing on interviews, participant observation, media coverage, and parliamentary debates, the chapter shows how BSG’s strategic mobilization of human rights yielded concrete victories – including major settlements, exclusion of blacklisting firms from public contracts, and formal investigations into police surveillance – that reshaped the political terrain for labor activism.
“This chapter develops a theoretical framework to explain why grassroots activists pursue litigation at international courts and how these efforts can reshape domestic social movements. It begins by situating the turn to international litigation within a context of domestic constraint and transnational opportunity, emphasizing the critical role of lawyers in identifying viable venues and guiding activists through strategic litigation. Moving beyond conventional, state-centered assessments of compliance, the chapter argues that international courts can shape domestic politics in more indirect but transformative ways. Even before a ruling is issued, litigation can embolden activists, legitimize their claims, and expand the repertoire of mobilization by attracting new allies, resources, and tactics. Drawing on sociolegal and social movement scholarship, the chapter develops the concept of “strategic mobilization of human rights” to describe how activists deploy rights language pragmatically to advance preexisting goals. Rather than transforming group identity or legal consciousness, rights frameworks often serve as tactical tools – mobilized when useful, discarded when not. The chapter concludes by identifying the conditions under which international litigation is more likely to catalyze domestic mobilization.”
This chapter continues the book’s focus on the indirect effects of international litigation, examining how pending cases can help spur social movements at the domestic level. It analyzes the case of KESK, Turkey’s public sector union confederation, which mobilized international human rights law to carve out space for union organizing amid post-coup repression in the 1990s. Even before favorable rulings were issued, KESK activists invoked the authority of ratified treaties and the threat of ECtHR litigation to legitimize their demands, attract new members, and challenge state restrictions. In the post-2000 period, however, the AKP government shifted to more covert tactics, cultivating a clientelist relationship with a pro-government union to marginalize KESK and stifle dissent. As its organizing strength weakened, KESK increasingly turned to litigation, but ECtHR rulings proved ineffective at disrupting the structural constraints unions faced. Drawing on in-depth fieldwork data and archival material, the chapter shows how litigation evolved from a dynamic tool of mobilization into a strategy of documentation and symbolic resistance. KESK’s trajectory underscores a key insight of the book: the transformative potential of international courts depends less on their enforcement power than on the strength, strategy, and mobilization capacity of grassroots actors.
Cet article explore les effets ambivalents des mobilisations juridiques autochtones, dans un contexte de faible État de droit, à partir d’une étude de cas approfondie de la communauté Xákmok Kásek au Paraguay. Malgré une victoire devant la Cour interaméricaine des droits de l’Homme, les résultats matériels restent limités. Toutefois, le recours au droit joue un rôle important en légitimant les luttes et en structurant les actions collectives. L’analyse repose sur un travail de terrain mené à Asunción et dans le Chaco en 2022, incluant quarante-six entretiens, l’étude de documents juridiques et l’accès aux archives d’ONG. Théoriquement, l’article mobilise les travaux sur les mobilisations juridiques dans les régimes hybrides et autoritaires. Il montre que le droit, bien qu’imparfait, peut renforcer la visibilité et la légitimité des revendications. Cette contribution éclaire les usages stratégiques du droit dans des contextes répressifs et invite à reconsidérer ses effets au-delà des victoires formelles.
What does conducting law and society scholarship have anything to do with wilting blooms? In this essay, Lynette J. Chua makes the connection between the two through her reminder to law and society scholars to study the taken-for-granted, an intellectual project that has become all the more urgent as politicians and activists contest concepts such as citizenship, gender, territories, religion and rights. She also calls upon fellow law and society scholars to be humble – for the significance and impact of our research, like flowers, could come and go with the seasons.
Labor in Hard Times examines how organized labor in Turkey and the United Kingdom turned to international human rights law in response to domestic repression and neoliberal restructuring. Drawing on extensive fieldwork and a unique database of labor rights cases, the book traces how workers used litigation at the European Court of Human Rights not just to win legal victories, but to build political pressure, assert legitimacy, and reclaim space for collective action. Focusing on public sector unionists in Turkey and blacklisted construction workers in the UK, it offers a rare view of how grassroots activists and lawyers mobilized international law as a tactical resource: Workers engaged rights discourse strategically to pursue concrete goals, while remaining rooted in class-based solidarity. With vivid case studies, this book speaks to readers interested in international courts, human rights, and the evolving strategies of labor movements in an era of democratic backsliding and global inequality.