The Vagrancy Law Challenge and the Vagaries of Legal Change
| Autor: | Laura Weinrib |
|---|---|
| Rok vydání: | 2018 |
| Předmět: |
050502 law
History Polymers and Plastics media_common.quotation_subject 05 social sciences General Social Sciences Demise Litigation strategy Constitutionalism Social stratification Industrial and Manufacturing Engineering Vagrancy Supreme court Reading (process) Political science Law Business and International Management 0505 law Social movement media_common |
| Zdroj: | Law & Social Inquiry. 43:1669-1685 |
| ISSN: | 1747-4469 0897-6546 |
| DOI: | 10.1111/lsi.12377 |
| Popis: | This essay reflects on the relationship between the diffuse legal struggle to dismantle vagrancy laws during the 1960s and the larger history of twentieth-century social movement advocacy. In Vagrant Nation, Risa Goluboff persuasively links the demise of vagrancy laws to the cultural and constitutional turmoil of the 1960s. It is possible, however, to interpret that decade's upheaval, which rendered explicit social stratification increasingly vulnerable, as an impediment to a budding anti-vagrancy law consensus instead of a prerequisite for legal change. On this alternative reading, the uncoordinated legal efforts to overturn vagrancy laws in a decade dominated by more contentious litigation campaigns may have contributed to a tepid decision by the Supreme Court, which ultimately invalidated vagrancy laws on narrow legalistic grounds. Indeed, the relatively protracted dismantlement of the vagrancy law regime raises the question whether bottom-up constitutionalism lacks potency in the absence of an intermediary organization with a well-defined litigation strategy. |
| Databáze: | OpenAIRE |
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