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The case for legal technique

Authors :
Xenia Chiaramonte
Source :
Oñati Socio-Legal Series, Vol 12, Iss 5 (2022)
Publication Year :
2022
Publisher :
Oñati International Institute for the Sociology of Law, 2022.

Abstract

In an apparently paradoxical or contradictory way, our new century seems to show two trends: on the one hand, an increasingly informal, disorganized, oftentimes violent spate of uprisings, and on the other hand, a growing exploitation of legal strategies. Given these developments, how do we rethink the relationship between social struggles and law? This article employs a casuistic approach in order to explore current modes of interconnections between law and society. It argues that law is that language that through the institution of norms gives shape to the world of social relations. Through this same language, law performs actions in this world that it institutes through its categories. This piece also proposes a technical understanding of the concept of legal mobilization and argues that the innovative use of legal technique (rather than a political grammar) and the institutions of social cooperation could be seen as elements that re-describe and re-signify legal mobilization.

Details

Language :
English, Spanish; Castilian, Basque, French, Portuguese
ISSN :
00000000 and 20795971
Volume :
12
Issue :
5
Database :
Directory of Open Access Journals
Journal :
Oñati Socio-Legal Series
Publication Type :
Academic Journal
Accession number :
edsdoj.3f56080293441528760648b66f6cdf2
Document Type :
article
Full Text :
https://doi.org/10.35295/osls.iisl/0000-0000-0000-1267