Professional Documents
Culture Documents
Zemman 1983
Zemman 1983
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This articleargues that the role of the law in thepolitical systemhas been construedmuch too
narrowly.A reviewof thepoliticalscienceliterature demonstrates an interestin thelaw thatis largely
confined to the making of new laws, social change, and social control. That view implies an
acceptanceof thelegalprofession'sdistinctionbetweenpublic and privatelaw as a reasonableguide
for politicalscientistsin thestudyof law.
A more interactiveview of the law is presented,characterizing legal mobilization(invokinglegal
norms)as a form of political activityby whichthecitizenryusespublic authorityon its own behalf.
Further,thelegal system,structuredto considercases and controversies on an individualbasis,pro-
videsaccess to governmentauthorityunencumberedby the limitsof collectiveaction. Thisform of
public power, althoughcontingent,is widelydispersed.
Considerationof thefactors that influencelegal mobilizationis importantnot only to under-
standing who uses the law, but also as predictorsto the implementationof public policy; with
veryfew exceptions,the enforcementof the laws depends upon individualcitizensto initiatethe
legalprocess. By virtueof thisdependence,an aggregationof individualcitizensactinglargelyin their
own interestsstronglyinfluencestheform and extentof the implementation of public policy and
therebytheallocation of power and authority.
690
Issues thatare typicallylegal includethose for system.' Experiencewiththe law, the inter-
whichthereis broad social understanding thatthe personalrelationships amongactors,and net-
law plays a potentialrole and provides certain worksaffecting accessto legaladviceareamong
rightsand duties.Includedheretoo are issuesfor othervariablesthatwouldrequireconsideration
whichspecializedstructures have developedwhich in thedevelopment of a modelof legalmobiliza-
minimizethe need for directappeal to the court tion.Thattaskis, however, beyondthescopeof
system.Personal injuriesresultingfromautomo- thisessay.'8Herewe mustsettleformakingthe
bile accidents,for example, are now controlled generalcase thatlegalmobilization is an impor-
largely by insurance companies and personal- tantalbeituniqueformofcitizenparticipation in
injurylawyers.This does not mean thatthelaw is thepolityand thatit is worthy of substantially
not mobilized, because where specialized struc- moreseriousscholarly attentionthanit has been
tures and professionalpersonneldominate,the accorded.
law is knownand playsa sub rosa partin negotia-
tions and settlements(Mnookin & Kornhauser, Conclusion
1979; Ross, 1980). Indeedit is formattersthatfall
intothe "typically"and "mandatory" categories Defining as theactofinvok-
legalmobilization
that lawyersare most likelyto be used in this inglegalnormstoregulate behavior is purposively
country(Curran,1977),and in some cases abroad broadenoughto includetheearliest stageoflegal
as well (Schuyt, Groenendijk, & Sloot, 1976; inthesimplest
activity; case,a particularbehavior
Users' Survey,1979). is demanded byverbalappealto thelaw.Thelaw
However, specialized structuresand lawyers' is thusmobilized whena desireor wantis trans-
specializationare not restrictedto thoseparticular lated into a demandas an assertionof one's
areas; for example,a currentstudyof consumer rights.At thesametimethatthelegitimacy of
grievancesand disputesin Milwaukee has iden- one's claimis groundedin rulesof law, thede-
tifiedno less than nine different forumsforpro- mandcontains threat
an implicit to usethepower
cessingthiskindof dispute(Ladinsky,Macauley, of thestateon one's own behalf.This is most
& Anderson, 1979), althoughnot all forumsare definitelynotto arguethata legalmobilization
specialized exclusivelyto consumerissues. The framework providesa completeanalyticscheme
emergenceof these institutionsas well as con- forunderstanding the law and its place in the
sumeraffairsorganizationsand specializedlegal polity;thatwouldbe bothpresumptuous and in-
expertisein thisarea is, like the law itself,both a accurate,forsurelyitis notthecasethatthelaw
resultof and contributorto the demand forcon- affectsactualbehavioronlyvia citizendemands.
sumer rights.Such organizationsalso increase Muchoftheimpactofthelawresults fromvolun-
knowledge and use of legal rights, thereby tarycompliance thatstemsfrombothan obliga-
facilitatinglegal mobilization. In other words, tionto obeyand a fearof sanction;i.e., a great
theyincreasethisformof politicalparticipationin
much the same way thatmoreobviouslypolitical
organizations have been characterized as "'In particular,jurisdictionalrulescontrollingstand-
generatingand facilitating moretraditionalforms ing,class action rules,and theAmericanruleregarding
of political participation (Almond & Verba, attorneys'fees(makingeach participantin a legal action
1965). responsibleforhis or herown legal fees)play a signifi-
There are of course numerousothervariables cant role in structuringlegal mobilization.
thatare important,indeedcentral,to the mobili- "8I have consideredelsewhere(Zemans, 1982) therole
zation of law. Judicialrules,for example,struc- of many of these factorsin decisions to assert rights
ture and therebylimitparticipationin the legal underlaw.