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As society redevelops itself and progresses to keep up with the ever changing dynamics of its citizens, social movements are an outlet available to bring about change within the law. Social movement is a broad term and often can have specific goals and targets in mind, when trying to mobilize the law. "Social movements are collective actors or groups that seek a common goal or express a common identity; targets may include states, society, corporations, and/or social norms and values. May be conservative or progressive" (Hilson, 2002). We must accept that social movements may not always be seeking a goal but expressing an identity. Social movements make claims in relation to law or based on law. Social movements deliberately and proactively litigate when they bring a case with a number of different goals in mind. An example of legal mobilization through a social movement would be the assertion of women's rights in regard to abortion. Women have a right to choose whether or not they want to reproduce and through the use of social movements we have seen laws progressively change.
"Legal mobilization is the ways in which collective actors such as social movements draw on and use law to achieve their goals or to express their identities" (Hilson, 2002). Women mobilized their rights by engaging in the language of law to claim their rights are being violated. Legal mobilization can be described and interpreted in many different ways depending on the situation and in which way the law is attempting to be changed. Critical legal studies and legal realism ascertain that when a certain law exists that is ineffective you must mobilize it in order to encourage change. Legal mobilization can be viewed as either progressive or regressive d...
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Gable, L. (2010). Reproductive Health As A Human Right. Case Western Reserve Law Review Vol. 60, No.4, 957-996.
Hilson, C. (2002). New Social Movements: The Role of Legal Opportunity. Journal of European Public Policy Vol. 9, No. 2, 238-255.
Joffe, C. (1987). Abortion and Antifeminism. Politics & Society Vol. 15, No. 2, 207-212.
Outshoorn, J. (2012). Assessing the impact of women's movements. Women's Studies International Forum 35, 147-149.
Rohlinger, D. (2013, March 4). Moving Forward or Standing Still? The Battle Over Abortion in the 21st Century. Retrieved from Mobilizing Ideas: http://mobilizingideas.wordpress.com/2013/03/04/moving-forward-or-standing-still-the-battle-over-abortion-in-the-21st-century/
West, R. (2009). From Choice to Reproductive Justice: De-Constitutionalizing Abortion Rights. The Yale Law Journal Vol. 118, No. 7, 1394-1432.
Existing within the movement must be a leader or leaders, as well as a large number of committed followers or members. Additionally, social movements have “organizations or coalitions” working as a guiding backbone for collectivity and regulation (Stewart,
Milbauer, Barbara. The Law Giveth: Legal Aspects of the Abortion Controversy. Atheneum, New York: 1983.
Polletta, Francesca and James Jasper. “Collective Identity and Social Movements.” Annual Review of Sociology 27.1 (2001): 283–305. Print.
" Abortion and the Constitution: Reversing Roe v. Wade Through the Courts. Horan, Grant, Cunningham, eds., pp. 113-117. Washington, D.C. - The. : Georgetown University Press, 1987.
No other element of the Women’s Rights Movement has generated as much controversy as the debate over reproductive rights. As the movement gained momentum so did the demand for birth control, sex education, family planning and the repeal of all abortion laws. On January 22, 1973 the Supreme Court handed down the Roe v. Wade decision which declared abortion "fundamental right.” The ruling recognized the right of the individual “to be free from unwanted governmental intrusion into matters so fundamentally affecting a person as the right of a woman to decide whether or not to terminate her pregnancy.” (US Supreme Court, 1973) This federal-level ruling took effect, legalizing abortion for all women nationwide.
Over the course of the last century, abortion in the Western hemisphere has become a largely controversial topic that affects every human being. In the United States, at current rates, one in three women will have had an abortion by the time they reach the age of 45. The questions surrounding the laws are of moral, social, and medical dilemmas that rely upon the most fundamental principles of ethics and philosophy. At the center of the argument is the not so clear cut lines dictating what life is, or is not, and where a fetus finds itself amongst its meaning. In an effort to answer the question, lawmakers are establishing public policies dictating what a woman may or may not do with regard to her reproductive rights.
Today, nothing remains of the former social role of women. Nearly all professions are open to women. The numbers of women in the government and traditionally male-dominated fields have dramatically increased. More women than men earn bachelor’s degrees. Many women's groups still prevail and are major political forces. Although the two movements hoped to achieve different things and used different tactics, they still came together to gain women’s rights and have achieved more than anyone would have ever anticipated.
The debate of abortion continues to be a controversial problem in society and has been around for many decades. According to Jone Lewis, “In the United States, abortion laws began to appear in the 1820’s, forbidding abortion after the fourth month of pregnancy” (1). This indicates that the abortion controversy has been debated far back into American history. Beginning in the 1900’s, legalized abortion became a major controversy. In 1965, all fifty states in the United States banned abortion; however, that was only the beginning of the controversy that still rages today (Lewis 1). After abortion was officially banned in the United States, groups such as the National Abortion Rights Action League worked hard on a plan to once again legalize abortion in the United States (Lewis 1). It wasn’t until 1970 when the case of Roe (for abortion) v. Wade (against abortion) was brought...
Stefoi, E. (2008) Women’s rights history – from suffrage to diplomatic career: address. Available at: http://ottawa.mae.ro/index.php?lang=en&id=66579 (Accessed: 27 February 2010)
The literature on social studies enjoys a wide range of social movement’s definitions (Christiansen 2009). This diversity of such a definition is due to the fact that theorists tend to define the term of a social movement depending on their particular theoretical formulation (Diani 1992). Therefore, this section will first consider definitions proposed by group of scholars that represent four major trends in social movements analysis. These trends are as follow, the ‘Collective Behavior Perspective’ (Turner and Killian), the ‘Resource Mobilization Theory’ (RMT) (ZaId and McCarthy); the ‘Political Process Perspective (Tilly); and the ‘New Social Movements Approach’ (NSMs) (Touraine, Melucci). Then, a definition by Della Porta and Diani is selected as this definition has been centered on the most important characteristics of the social movements and oft-cited by researchers.
Baird, Robert M., and Stuart E. Rosenbaum. The Ethics of Abortion: Pro-life vs. Pro-choice. Buffalo, NY: Prometheus, 1989. Print.
A growing population of women’s activists can be attributed to the growing number of courses being offered and information available. Only a few decades ago this would not have been heard of. It is due to the increasing amount of awareness on the topic of women’s status as second class citizens that activism has increased. Through various media, we have learned of topics such as the “glass ceiling”, the working conditions of women in Third World countries, the current injustices against women being carried out in the First World, reproductive rights, as written about by Angle Davis, and other limitations imposed on women.
Although by the 1960s women were responsible for one-third of the work force, despite the propaganda surrounding the movement women were still urged to “go back home.” However the movement continued to burn on, and was redeveloping a new attitude by the 1970s. The movement was headed by a new generation that was younger and more educated in politics and social actions. These young women not only challenged the gender role expectations, but drove the feminist agenda that pursued to free women from oppression and male authority and redistribute power and social good among the sexes (Baumgardner and Richards, 2000). In just a few decades, the Women’s Liberation Movement has changed typical gender roles that once were never challenged or questioned.
Walgrave, Rens Vliegenthart & Stefaan. The Interdependency of Mass Media and Social Movements. Amsterdam : University of Amsterdam .
Researchers classify social movements according to the type of change they seek (Aberle, 1966, Cameron, 1966, Blumer, 1969, as cited in Macionis, 2007). According to John Macionis, a social movement is when people commonly band together to create an organized activity that encourages or discourages social change (Macionis, 2008). In the case of this radical society, Hippies were typically ...