Litigation process of social movements as a driver of norm transformation?

Abstract

The political science and international relations literature has extensively analysed the role of norm entrepreneurs, states, and international institutions as relevant actors generating norm transformation. However, although social movements’ reliance on courts to address core social problems has become a significant phenomenon, the role of the litigation process of social movements in norm transformation is understudied. Social movements have an ambiguous relationship with litigation. On the one hand, social movements perceive litigation to be the tool of the powerful, reproducing the status quo; on the other hand, it is argued that even when social movements lose their cases before the courts in the short term, legal mobilization can provide longer-term achievements. This article constructs a theory about the process through which the litigation of social movements impacts norm transformation. It proposes four mechanisms through which litigation plays a role in norm transformation: legal framing, legal interpretation, precedent setting and public attention. Through the examination of the Sardar Sarovar Dam as a case study, the analysis reveals that the role of the litigation process of social movements in norm transformation depends on how litigation mechanisms impact norm transformation in specific cases.

Disclosure statement

No potential conflict of interest was reported by the author.

Notes

1 Interview with Medha Patkar, June 2015.

2 Interview with Medha Patkar, December 2016.

3 Ibid.

4 Interview with a landless labourer family, December 2016.

5 Interview with senior advocate Shyam Divan, May 2016.