In this course, we will examine the relationship between resistance
movements and the law through several historical and contemporary
U.S. and Latin American case studies. We will begin the semester by
exploring theoretical representations of resistance movements
within social movement theory and critical legal theory. We will
look at different conceptualizations of power and consciousness in
our analysis of resistance and the role of each in instigating
resistance movements. We will then turn to an analysis of the law
as a tool of collective struggle by studying and comparing the
implicated rights and site-specific needs, objectives, strategies,
and outcomes of each case study. We will look at the different ways
these resistance movements may use the law to mobilize followers;
to frame and address collective grievance; to advance and develop
legal protections for marginalized groups; and to connect their
localized struggles with global ones by redefining and reimagining
concepts of dignity and freedom. Each case study will also provide
us with an opportunity to explore the relationship between the law,
state-sponsored violence, and repression of resistance
movements.
We will also examine the role and influence of legal advocacy organizations in contemporary resistance movements, and evaluate the current limitations of the law in contributing to social change. How do rightsbased claims (e.g. indigenous rights, water rights) obscure the relationship between law and power, injustice, and structures of oppression? Can the law be a useful catalyst for change and/or is it necessarily a supplement to grassroots organizing and mobilizing efforts? To examine these concepts and tensions we will look at legislation and legal practices, landmark court cases, and critical scholarship related to our case studies. Among the resistance movements we will study are Brazil’s Landless Rural Workers Movement; indigenous resistance movements in North and South America, including resistance to the Dakota Access Pipeline and the Agua Zarca Hydroelectric Dam in Honduras; and different phases in the movement for Black civil rights in the U.S.
We will also examine the role and influence of legal advocacy organizations in contemporary resistance movements, and evaluate the current limitations of the law in contributing to social change. How do rightsbased claims (e.g. indigenous rights, water rights) obscure the relationship between law and power, injustice, and structures of oppression? Can the law be a useful catalyst for change and/or is it necessarily a supplement to grassroots organizing and mobilizing efforts? To examine these concepts and tensions we will look at legislation and legal practices, landmark court cases, and critical scholarship related to our case studies. Among the resistance movements we will study are Brazil’s Landless Rural Workers Movement; indigenous resistance movements in North and South America, including resistance to the Dakota Access Pipeline and the Agua Zarca Hydroelectric Dam in Honduras; and different phases in the movement for Black civil rights in the U.S.
- Professor: Marisol Leon