NCJ Number
59549
Date Published
1978
Length
270 pages
Annotation
THE NATURE AND IMPACT OF EFFORTS BY SOCIAL-REFORM GROUPS TO USE THE LAW AND JUDICIAL REMEDIES TO ACHIEVE CHANGE IN THE AREAS OF ENVIRONMENTAL AND CONSUMER PROTECTION, CIVIL RIGHTS, AND SOCIAL WELFARE ARE EXAMINED.
Abstract
A THEORETICAL FRAMEWORK WITHIN WHICH TO EXAMINE THE SUCCESSES AND FAILURES OF SOCIAL-REFORM MOVEMENTS IS CONSTRUCTED. THE FRAMEWORK IS BASED ON FIVE CONCEPTS: (1) THE CHARACTERISTICS OF SOCIAL-REFORM GROUPS (SIZE, FUNDING, INCENTIVES, ETC.) THAT ENABLE THEM TO MOBILIZE RESOURCES FOR COLLECTIVE ACTION, (2) COST-BENEFIT DISTRIBUTION (WHETHER A GROUP'S INTENDED THREAT OR BENEFIT IS WIDELY DISPERSED OR CONCENTRATED ON A SMALL TARGET, (3) THE TECHNICAL AND POLITICAL SKILLS AND FUNDING BASE OF LAWYERS USED BY SOCIAL-REFORM GROUPS (AS THESE AFFECT STAYING POWER OVER THE COURSE OF A LAWSUIT), (4) THE NATURE AND EFFECTIVENESS OF JUDICIAL REMEDIES ACHIEVED, AND (5) THE TYPE OF BUREAUCRATIC RESPONSE DEMANDED. THESE CONCEPTS ARE APPLIED IN AN ASSESSMENT OF OVER 30 REFORM EFFORTS IN THE AREAS OF ENVIRONMENTAL LAW ENFORCEMENT, CONSUMER RIGHTS, SCHOOL DESEGREGATION, VOTING RIGHTS, HOUSING, EMPLOYMENT DISCRIMINATION, AND HEALTH (PHYSICAL, MENTAL, OCCUPATIONAL). THE EFFORTS ARE EVALUATED IN TERMS OF THE DIRECT RESULTS OF LITIGATION (WHO WON AND LOST WHAT), INDIRECT RESULTS (LEGITIMACY, CONSCIOUSNESS RAISING, ETC.), USE OF THE COURTS TO GAIN TACTICAL ADVANTAGES, AND REVITALIZATION OF PLURALISM IN AMERICAN SOCIETY. THE FACT THAT SOCIAL-REFORM GROUPS HAVE TURNED TO THE COURTS IS TAKEN AS A SIGN OF THEIR WEAKNESS, I.E., THEIR INABILITY TO EXERT INFLUENCE IN POLITICS, ADMINISTRATION, AND THE MARKETPLACE. IT IS CONCLUDED THAT, WHILE THESE GROUPS HAVE ACHIEVED SOME INCREMENTAL, MODERATE SUCCESS, THEY ARE UNLIKELY TO DISTURB THE BASIC POLITICAL AND ECONOMIC ORGANIZATION OF AMERICAN SOCIETY. A LIST OF REFERENCES AND AN INDEX ARE PROVIDED. (LKM)