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THE MOBILIZATION OF LAW APPROACH BETWEEN THE NECESSARY AND THE POSSIBLE CRITICAL REVIEW

Abstract

This paper aims to discuss if the critical review proposed by the mobilization of law approach is necessary to the liberal law, or whether it is a possible critical review, which attempts to influence that law. We analyze the so-called “cultural and interpretive turn” of socio-legal studies in the 1980s, which had a major influence on the mobilization of law, developing a relevant critical review to the liberal law, raising theoretical issues to understanding processes of establishment and violation of rights in everyday life. Theoretically, these studies have demonstrated the importance of issues that kept invisible in visible and concrete everyday personal relationships, raising the debate on topics such as domination, coercion and hegemony of law to a higher level. Although they have kept away from governments’ politics of rights, these studies can still politically influence social movements that end up pushing the State for change.

Keywords:
Mobilization of Law; Culturalism; Critical Review of Law; Politics of Rights

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