Justice in Contention
The Dynamics of Legal Mobilisation in Caimanes’ Environmental Struggle
Bibliographic Data
| ID | 6451763 |
|---|---|
| Authors | Sebastián Smart (0000-0003-3924-702X, Anglia Ruskin University Faculty of Business and Law, Cambridge, UK, corresponding author) |
| Year | 2024 |
| Volume | 34 |
| Issue | 1 |
| Pages | 43-66 |
| Publication date | 2024-04-23 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Social & Legal Studies (JOURNAL) |
| Journal identifiers | ISSN: 0964-6639 • E-ISSN: 1461-7390 |
| Publisher | SAGE Publishing (PUBLISHER • US) |
| DOI | 10.1177/09646639241248915 |
| OpenAlex | W4395042274 |
| Language | EN |
| Citations received | 1 |
| References cited | 24 |
This paper examines legal mobilisation in socio-environmental movements through the Caimanes case, a Chilean community opposing the Los Pelambres mining project. It integrates structural and agency perspectives, highlighting the community's adaptation to political and legal opportunities and focusing on distributive environmental justice. The study identifies two protest cycles: the first seeking compensation, leading to community divisions, and the second addressing mining externalities, fostering unity and solidarity. It discusses judicial mobilisation's limitations, including challenges in aligning community and legal advisors’ aims and constraints within the Chilean judicial system. The analysis, based on fieldwork and secondary sources, contributes to understanding legal strategies in environmental justice movements, emphasising strategic decision-making's importance
Agency (philosophy · Economic Justice · Economics · Environmental justice · Externality · Political science · Politics · Procedural justice · Social movement · Social science · Sociology · Solidarity · Environmental Justice and Health Disparities · Law · Mining and Resource Management · Public Administration · Wildlife Conservation and Criminology Analyses
The Judicialization of Politics in Latin America
Dynamics of Contention
Justice and the Politics of Difference
Making Rights Real
Outline of a Theory of Practice
Social Movements and Protest
Power in Movement
The political economy of Latin American conflicts over mining extractivism
Legal Struggles
Ensuring access to water in an emergency context
Strategic Litigation for Gender Equality in the Workplace and Legal Opportunity Structures in Four European Countries
New social movements
Legal Opportunity Structures and Social Movements
Political Opportunity Structures and Political Protest
Insurgency of the Powerless
Should Judges Make Climate Change Law
Reconceiving Environmental Justice
Legal Opportunity Structures and the Paradox of Legal Mobilization by the Environmental Movement in the UK
Why the "Haves" Come Out Ahead
Political Process and the Development of Black Insurgency, 1930-1970
| Unique citing works | 1 |
|---|---|
| Citations per year | 1 |
| Citation span | 2026 - 2026 (1) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 1 |