Social Movements Lashing Back: Law, Social Change and Intra-Social Movement Backlash in Canada

Abstract

Introducing the concept of intra-social movement backlash this article explores the ‘legacy phase’ of legal action focusing on conflicts and debates within a social movement that has mobilized. Using a legal mobilization framework attuned to the recursive relationship between rights, rights-claiming activities and collective identity the article analyzes the mixed legacies of movement strategic litigation. Empirically, the paper offers two illustrative case studies of intra-movement backlash in the women’s and the disability rights movements in Canada. The findings suggest that while this form of backlash can have negative, disempowering effects it also offers opportunities to challenge hegemonic structures within a social movement and re-imagine collective identities.

Keywords: Legal mobilization, backlash