{"title":"不可能的权利革命:20 世纪 70 年代以来斯堪的纳维亚的法律动员","authors":"J. Schaffer, M. Langford, M. Madsen","doi":"10.1080/18918131.2023.2273652","DOIUrl":null,"url":null,"abstract":". Abstract Why have civil society groups in Scandinavia increasingly turned to legal mobilization in recent decades? In Denmark, Norway and Sweden, a legal-political culture based on parliamentary supremacy, deferential judiciaries, strong-state corporatism, and jurispru-dential skepticism towards rights talk supposedly discourages groups in civil society from seeking societal change through litigation. However, in all three countries, diverse groups and organizations in civil society have increasingly adopted litigation strategies for a broad range of causes. In this paper, we seek to account for how and why this shift has occurred. Drawing on socio-legal mobilization theory, we compare Denmark, Norway and Sweden across three episodes from the 1970s to today. Litigation has gradually moved from the political margins to the mainstream. Our findings suggest that while European law, domestic institutional reforms, and a proliferating human rights discourse has opened new ways for resourceful groups and entrepreneurial individuals to challenge the status quo, for mainstream organizations par-liamentary and corporatist channels remain often viable and preferred alternatives. The paper thus contributes to emerging literatures on how civil society groups in Scandinavia employ litigation strategies by offering a comparative, historical assessment, and contributes to knowledge about the factors that shape legal mobilization by civil society groups.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.7000,"publicationDate":"2024-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"An Unlikely Rights Revolution: Legal Mobilization in Scandinavia Since the 1970s\",\"authors\":\"J. Schaffer, M. Langford, M. Madsen\",\"doi\":\"10.1080/18918131.2023.2273652\",\"DOIUrl\":null,\"url\":null,\"abstract\":\". Abstract Why have civil society groups in Scandinavia increasingly turned to legal mobilization in recent decades? In Denmark, Norway and Sweden, a legal-political culture based on parliamentary supremacy, deferential judiciaries, strong-state corporatism, and jurispru-dential skepticism towards rights talk supposedly discourages groups in civil society from seeking societal change through litigation. However, in all three countries, diverse groups and organizations in civil society have increasingly adopted litigation strategies for a broad range of causes. In this paper, we seek to account for how and why this shift has occurred. Drawing on socio-legal mobilization theory, we compare Denmark, Norway and Sweden across three episodes from the 1970s to today. Litigation has gradually moved from the political margins to the mainstream. Our findings suggest that while European law, domestic institutional reforms, and a proliferating human rights discourse has opened new ways for resourceful groups and entrepreneurial individuals to challenge the status quo, for mainstream organizations par-liamentary and corporatist channels remain often viable and preferred alternatives. The paper thus contributes to emerging literatures on how civil society groups in Scandinavia employ litigation strategies by offering a comparative, historical assessment, and contributes to knowledge about the factors that shape legal mobilization by civil society groups.\",\"PeriodicalId\":42311,\"journal\":{\"name\":\"Nordic Journal of Human Rights\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.7000,\"publicationDate\":\"2024-01-04\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Nordic Journal of Human Rights\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/18918131.2023.2273652\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"POLITICAL SCIENCE\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Nordic Journal of Human Rights","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/18918131.2023.2273652","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"POLITICAL SCIENCE","Score":null,"Total":0}
An Unlikely Rights Revolution: Legal Mobilization in Scandinavia Since the 1970s
. Abstract Why have civil society groups in Scandinavia increasingly turned to legal mobilization in recent decades? In Denmark, Norway and Sweden, a legal-political culture based on parliamentary supremacy, deferential judiciaries, strong-state corporatism, and jurispru-dential skepticism towards rights talk supposedly discourages groups in civil society from seeking societal change through litigation. However, in all three countries, diverse groups and organizations in civil society have increasingly adopted litigation strategies for a broad range of causes. In this paper, we seek to account for how and why this shift has occurred. Drawing on socio-legal mobilization theory, we compare Denmark, Norway and Sweden across three episodes from the 1970s to today. Litigation has gradually moved from the political margins to the mainstream. Our findings suggest that while European law, domestic institutional reforms, and a proliferating human rights discourse has opened new ways for resourceful groups and entrepreneurial individuals to challenge the status quo, for mainstream organizations par-liamentary and corporatist channels remain often viable and preferred alternatives. The paper thus contributes to emerging literatures on how civil society groups in Scandinavia employ litigation strategies by offering a comparative, historical assessment, and contributes to knowledge about the factors that shape legal mobilization by civil society groups.
期刊介绍:
The Nordic Journal of Human Rights is the Nordic countries’ leading forum for analyses, debate and information about human rights. The Journal’s aim is to provide a cutting-edge forum for international academic critique and analysis in the field of human rights. The Journal takes a broad view of human rights, and wishes to publish high quality and cross-disciplinary analyses and comments on the past, current and future status of human rights for profound collective reflection. It was first issued in 1982 and is published by the Norwegian Centre for Human Rights at the University of Oslo in collaboration with Nordic research centres for human rights.