Legal Opportunity Structure
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Legal opportunity structure or legal opportunity is a concept found in the study of law and
social movements A social movement is a loosely organized effort by a large group of people to achieve a particular goal, typically a Social issue, social or political one. This may be to carry out a social change, or to resist or undo one. It is a type of Group ...
. It was first used in order to distinguish it from political opportunity structure or
political opportunity Political opportunity theory, also known as the political process theory or political opportunity structure, is an approach of social movements that is heavily influenced by political sociology. It argues that success or failure of social movements ...
, on the basis that law and the courts deserved to be studied in their own right rather than being lumped together with political institutions. Legal opportunities are made up of: access to the courts, which may be affected in particular by the law on standing or ''locus standi'', and costs rules; 'legal stock' or the set of available precedents on which to hang a case; and judicial receptiveness. Some of these are more obviously structural than others - hence the term legal opportunity is sometimes preferred over legal opportunity structure. Legal opportunity has been used as an
independent variable Dependent and independent variables are variables in mathematical modeling, statistical modeling and experimental sciences. Dependent variables receive this name because, in an experiment, their values are studied under the supposition or demand ...
to help to explain strategy choice by social movement organisations (SMOs) - e.g. why SMOS adopt litigation rather than protest or political lobbying as a strategy. Other variables or explanatory frameworks it is commonly found alongside include framing,
resource mobilization Resource mobilization is the process of getting resources from the resource provider, using different mechanisms, to implement an organization's predetermined goals. It is a theory that is used in the study of social movements and argues that the s ...
and grievance. It can also be employed as a
dependent variable Dependent and independent variables are variables in mathematical modeling, statistical modeling and experimental sciences. Dependent variables receive this name because, in an experiment, their values are studied under the supposition or demand ...
. Legal opportunity theory has been applied to a wide range of policy areas which have seen legal mobilization by social movements, including the environmental, animal rights, women's, LGBT, labor, civil rights, human rights, and disability movements.


References

{{reflist, 30em Sociology of law Political science Social movements