Evaluating Legality: Toward a Cultural Approach to the Study of Law and Social Change

The role of law in social change has been a subject of many academic debates. However, not much attention has been given to the contradictory ways in which activists for social change justify or criticize the use of law. Drawing on in-depth interviews with 25 social justice activists, I analyze the ways in which activists evaluate the role of law in social change. I find that activists invoke three distinct schemas of evaluation: instrumental, political, and cultural. The instrumental schema emphasizes change in the allocation of concrete resources; the political schema views change as the empowerment of marginalized communities; and the cultural schema emphasizes the transformation of assumptions that are shared by all members of society. Each schema provides activists with a particular order of justification that enables them to justify or to criticize the role of law in social change. While the multiplicity of schemas sustains the commonsense notion of law as a means for social change, it also accounts for possible changes in this notion.