Demosprudence on Trial: Ethics for Movement Lawyers, in Ferguson and Beyond

24 Pages Posted: 20 Mar 2017 Last revised: 24 Mar 2017

See all articles by Justin Hansford

Justin Hansford

Howard University School of Law; Georgetown University Law Center; Saint Louis University - School of Law; University of the Witwatersrand Law School; Harvard University Chalres Warren Center

Abstract

A complex, dynamic, and creative tension endures between law and social movements. Not only can law affect and even help from social movements, but social movements can affect and even help form law. Just as jurisprudence is the study of how judges make law, demosprudence is the study and practice of how social movements can also affect change through the law.

This Article explores how movement lawyers can use demosprudence to promote social change outside of the courtroom. It uses the civil rights movement and the Black Lives Matter movement in Ferguson as examples. By applying this framework to the movement lawyering context, movement lawyers can adapt to the void in voice created by the vanishing trial in civil litigation and still help the movement.

Keywords: Demosprudence, Mike Brown, Ferguson, Black Lives Matter, Movement Lawyers, Social Movement, Race

Suggested Citation

Hansford, Justin, Demosprudence on Trial: Ethics for Movement Lawyers, in Ferguson and Beyond. Fordham Law Review, Vol. 85, No. 101, 2017, Saint Louis U. Legal Studies Research Paper No. 2017-1, Available at SSRN: https://ssrn.com/abstract=2935302

Justin Hansford (Contact Author)

Howard University School of Law ( email )

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202-806-8083 (Phone)

Georgetown University Law Center ( email )

600 New Jersey Avenue, NW
Washington, DC DC 20001
United States

HOME PAGE: http://www.justinhansford.com

Saint Louis University - School of Law ( email )

100 N. Tucker Blvd.
St. Louis, MO 63101
United States

HOME PAGE: http://www.justinhansford.com

University of the Witwatersrand Law School ( email )

1 Jan Smuts
Johannesburg, GA
South Africa

Harvard University Chalres Warren Center ( email )

1875 Cambridge Street
Cambridge, MA 02138
United States

HOME PAGE: http://www.justinhansford.com

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