Conceptualising strategic litigation
This article conceptualises the term “strategic litigation” in order to provide for a definition of it. Strategic litigation is a tool increasingly used in Europe by individuals and organisations to attain different objectives. Next to that, there is increasing academic attention for the topic. Neve...
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| Format: | Article |
| Language: | English |
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Oñati International Institute for the Sociology of Law
2021-12-01
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| Series: | Oñati Socio-Legal Series |
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| Online Access: | https://opo.iisj.net/index.php/osls/article/view/1315 |
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| author | Kris van der Pas |
| author_facet | Kris van der Pas |
| author_sort | Kris van der Pas |
| collection | DOAJ |
| description | This article conceptualises the term “strategic litigation” in order to provide for a definition of it. Strategic litigation is a tool increasingly used in Europe by individuals and organisations to attain different objectives. Next to that, there is increasing academic attention for the topic. Nevertheless, the exact definition of “strategic litigation” remains unclear. Therefore, this article uses the research method of conceptualisation as well as a database research and additional literature to provide for a definition. It looks firstly at the background concept, involving the range of meanings associated with the term “strategic litigation”, after which a systematised concept is formed. Thereby, use is made of the “necessary and sufficient conditions” (NSC) approach, to develop the conditions necessary and/or sufficient for a case to fit within the category of strategic litigation. Moreover, the external conceptual relations of the term are explored. |
| format | Article |
| id | doaj-art-7d7ec51d1c2b4a5c8ac45523d57f23f8 |
| institution | Kabale University |
| issn | 2079-5971 |
| language | English |
| publishDate | 2021-12-01 |
| publisher | Oñati International Institute for the Sociology of Law |
| record_format | Article |
| series | Oñati Socio-Legal Series |
| spelling | doaj-art-7d7ec51d1c2b4a5c8ac45523d57f23f82024-11-25T14:55:56ZengOñati International Institute for the Sociology of LawOñati Socio-Legal Series2079-59712021-12-01116(S)S116S14510.35295/osls.iisl/0000-0000-0000-12262175Conceptualising strategic litigationKris van der Pas0Radboud UniversityThis article conceptualises the term “strategic litigation” in order to provide for a definition of it. Strategic litigation is a tool increasingly used in Europe by individuals and organisations to attain different objectives. Next to that, there is increasing academic attention for the topic. Nevertheless, the exact definition of “strategic litigation” remains unclear. Therefore, this article uses the research method of conceptualisation as well as a database research and additional literature to provide for a definition. It looks firstly at the background concept, involving the range of meanings associated with the term “strategic litigation”, after which a systematised concept is formed. Thereby, use is made of the “necessary and sufficient conditions” (NSC) approach, to develop the conditions necessary and/or sufficient for a case to fit within the category of strategic litigation. Moreover, the external conceptual relations of the term are explored.https://opo.iisj.net/index.php/osls/article/view/1315strategic litigationconceptualisationdefinitionlegal mobilisationdatabase research |
| spellingShingle | Kris van der Pas Conceptualising strategic litigation Oñati Socio-Legal Series strategic litigation conceptualisation definition legal mobilisation database research |
| title | Conceptualising strategic litigation |
| title_full | Conceptualising strategic litigation |
| title_fullStr | Conceptualising strategic litigation |
| title_full_unstemmed | Conceptualising strategic litigation |
| title_short | Conceptualising strategic litigation |
| title_sort | conceptualising strategic litigation |
| topic | strategic litigation conceptualisation definition legal mobilisation database research |
| url | https://opo.iisj.net/index.php/osls/article/view/1315 |
| work_keys_str_mv | AT krisvanderpas conceptualisingstrategiclitigation |