Phenomenon of Resistance.. What are you doing? We are not dealing with an Egyptian or Roman sword today as the authority. But, in the modern world, the sword is the Court.

We are not dealing with an Egyptian or Roman sword today as the authority. But,  in the modern world, the sword is the Court. 

Resistance to law is a multifaceted phenomenon that can manifest in various ways, from overt disobedience to more subtle forms of non-compliance and legal challenges. It often stems from a perception of injustice, a desire for social change, or a rejection of authority.

 Here's a more detailed look at the phenomenon of resistance to law: Forms of Resistance: Overt Disobedience: This includes actions like protests, civil disobedience, and outright defiance of legal mandates, often employed to raise awareness or challenge specific laws or policies. Subtle Non-Compliance: This can involve ignoring laws, selectively enforcing rules, or manipulating legal systems to achieve desired outcomes, often seen in everyday interactions with the legal system. Legal Challenges: This includes filing lawsuits, seeking injunctions, and challenging the constitutionality of laws, aiming to invalidate or modify existing legal frameworks. Judicial Defiance: In some cases, judges may actively defy or ignore new laws, particularly when they are unfamiliar or perceived as complex, leading to continued enforcement of older, overturned laws. Resistance as a Counter-Hegemonic Tool: Non-state actors, particularly in the context of international law, may use resistance as a way to challenge existing power structures and participate in the formation of international norms. Motivations and Factors: Perception of Injustice: Individuals or groups may resist laws they perceive as unfair or oppressive, leading to movements for social and political change. Desire for Social Change: Resistance can be a tool for challenging the status quo and advocating for broader societal transformations, such as equality and justice. Rejection of Authority: Some resistance stems from a fundamental rejection of the legitimacy of the state or other governing institutions. Legal Consciousness: Individuals' perceptions and experiences of law, shaped by their cultural context and resources, can influence their willingness to comply or resist. Power Dynamics: Resistance can be a way for marginalized groups to challenge the power of dominant groups and assert their own interests. Economic Factors: In some cases, resistance may be driven by economic pressures or inequalities, leading to actions that are seen as a form of protest or survival. Examples: Civil Rights Movement: The resistance to segregation laws in the United States, led by figures like Martin Luther King Jr., demonstrated a powerful form of nonviolent resistance. Indian Independence Movement: Mahatma Gandhi's campaign of civil disobedience against British rule in India is another example of resistance to laws in pursuit of national liberation. Street Vendors: Street vendors in many parts of the world often operate outside of legal regulations, demonstrating a form of everyday resistance to rules and regulations. Judicial Resistance to New Laws: Judges may continue to apply older, overturned laws instead of new ones, particularly when the new laws are perceived as complex or unfamiliar. Consequences: Social Change: Resistance can be a catalyst for significant social and political change, leading to the repeal of laws or the adoption of new policies. Political Instability: Large-scale resistance can challenge the legitimacy of the government and lead to political instability or conflict. Legal and Institutional Challenges: Resistance can put pressure on the legal system and lead to changes in how laws are enforced and interpreted. In conclusion, resistance to law is a complex and multifaceted phenomenon that reflects the ongoing tension between individual rights, social justice, and the power of the state. It can take various forms and be driven by diverse motivations, often leading to significant social and political change. Judicial Resistance and Legal Change The few studies that have examined judicial compliance with higher-court decisions have concluded that judges quickly adopt even controversial new doctrines. Th... The University of Chicago Law Review Third World Resistance as a Counter-hegemonic Phenomenon in ... Jun 19, 2020 — Third World Resistance as a Counter-hegemonic Phenomenon in Customary International Law. ... The role of non-state actors in custom-making provokes ... Brill Liberation and Resistance Movements - International Law May 29, 2019 — Introduction. The phenomenon of resistance and liberation movements has occurred throughout history and remains current. Wars of independence and at... Oxford Bibliographies Everyday Forms of Resistance to the Law: An Ethnographic Study of ... Nov 20, 2015 — For many years, socio-legal research has studied the cultural processes of resistance to law and its impact on political mobilization. ... Scott's i... Cairn Civil resistance - Wikipedia Historical examples * Mahatma Gandhi's role in the Indian independence movement in 1917–1947. * Martin Luther King Jr.'s, James Bevel's, and other activists' r... Wikipedia Full article: Resistance and the paradox of legal entitlement Ewick and Silbey were particularly influential in the development of a framework for the study of legal consciousness that builds on ideas of hegemony, power an... Taylor & Francis Online: Peer-reviewed Journals The Limits of Law - Stanford Encyclopedia of Philosophy Jan 29, 2022 — Similarly, legal officials may find various ways of underenforcing norms if they stray too far from those generally accepted, again blunting their e... Stanford Encyclopedia of Philosophy Boycott, Resistance and the Law: Cause Lawyering in Conflict and ... Aug 11, 2021 — Courts as sites of political resistance The notion of the court as a site of resistance is long-established in socio-legal studies. As Kirchheimer a... Wiley Online Library AI responses may include mistakes. For legal advice, consult a professional. Learn more The University of Chicago Law Review https://lawreview.uchicago.edu Judicial Resistance and Legal Change by M Tokson · Cited by 99 — Judges often apply old, overturned laws instead of new laws—and they do so in observable and predictable ways. For instance, this phenomenon is especially ... People also ask What is meant by the laws of resistance? What is the phenomenon of resistance to change? Feedback Wiley Online Library https://onlinelibrary.wiley.com Boycott, Resistance and the Law: Cause Lawyering in Conflict and ... by K McEvoy · 2022 · Cited by 7 — This article examines the role of cause lawyers in conflicted or authoritarian contexts where the chances of legal victory are often minimal. Cairn.info https://shs.cairn.info Everyday Forms of Resistance to the Law: An Ethnographic Study ... by AM Vargas · 2015 · Cited by 43 — Our empirical findings show how street vendors' non-compliance with the law in the city of Bogotá constitutes a powerful act of resistance. Illinois Institute of Technology https://scholarship.kentlaw.iit.edu "Legal Phenomena, Knowledge, and Theory: A Cautionary Tale of ... by RJ Allen · 2002 · Cited by 59 — We thus predict that the meaning of negligence will be resistant to theoretical approaches, both economic and corrective justice, and that antitrust law will be ... Taylor & Francis Online: Peer-reviewed Journals https://www.tandfonline.com Resistance and the paradox of legal entitlement – a theoretical analysis ... by S Graca · 2021 · Cited by 6 — This article provides a theoretically informed examination of migrant women's responses to domestic abuse in the host country. People also search for Stanford Encyclopedia of Philosophy https://plato.stanford.edu The Limits of Law - Stanford Encyclopedia of Philosophy by J Stanton-Ife · 2022 · Cited by 82 — The limits of law is simply an evaluative question focussed on law as a neutral instrument put to good ends and bad. Oxford Bibliographies https://www.oxfordbibliographies.com Liberation and Resistance Movements - International Law May 29, 2019 — The phenomenon of resistance and liberation movements has occurred throughout history and remains current. Wars of independence and attempts ... Erasmus University Rotterdam https://repub.eur.nl PDF Introduction to Law as Plural Phenomenon by W van Rossum · 2013 · Cited by 4 — The traditional and dominant view among lawyers is that law is a system and that it originates with the state. Today's contrary view among some lawyers and ... 3 pages·127 KB Washington University Open Scholarship https://openscholarship.wustl.edu PDF Law's Evolving Emergent Phenomena: From Rules of Social ... by BZ Tamanaha · 2018 · Cited by 20 — Law involves institutions rooted in the history of a society that evolve in relation to surrounding social, psychological, cultural, economic, political,. ResearchGate https://www.researchgate.net Peter Fitzpatrick, Law as Resistance: Modernism, Imperialism, Legalism Law as Resistance reprints fourteen previously published essays. Although one might question such an enterprise with respect to other books i n this series, ... Results are not personalized Canada L5B, Mississauga, ON - Based on your past activity Update location Dark theme: off Help Feedback Privacy Terms AI overview is ready