Contemporary scholars routinely argue that juridification is a form of depoliticisation. The project will challenge this argument, suggesting that while it is true that juridification inhibits some traditional political dynamics, there is also a central thread of juridification as politicisation that changes the ways in which political demands are both made by citizens and met by state organs. The project will test this hypothesis by mapping the juridification of 'vulnerability', 'non-conventional families' and 'protection against gender discrimination' in recent case law of the European Court of Human Rights and the European Court of Justice. These sites will be analysed as political rather than legal battlegrounds, where what is at stake is not the protection of some individual or abstract rights, but the very understanding of what human and fundamental rights are in a democratic community.
The project is funded by FCT (Fundação para a Ciência e a Tecnologia) / Ministry of Science, Technology, and Higher Education of Portugal, as the winner of the international call "Individual Call to Scientific Employment Stimulus - 6th Edition," following a peer-review evaluation process. My project received a score of 9.2/10, ranking first in the "Law and Political Theory" panel.
Juridification — the increasing recourse to the courts to seek satisfaction for political demands — seems an unpleasant procedure. Many scholars describe it as a de-politicizing, de-democratizing, and bureaucratizing process that transfers political authority to the courts and produces an erosion of democracy. The project intends to contribute to this debate by embracing an archaeological and genealogical approach in which Gabriel Tarde’s analysis of social imitation and Michel Foucault’s concept of counter-conduct provide the main theoretical framework.
The current proliferation of legal practices is the sign that the traditional form of mediation that is pivoted on political participation and parliamentary representation is being gradually replaced by plural mediations mainly channelled through law. The core idea of the project is that social actors are increasingly using legal remedies as tactical tools in their social and political struggles. A juridical case, making a particular situation visible and speakable, produces local discursivities, the repetition of which can generate a semiotic and linguistic displacement of normative categories, that is, a model of counter-conducts that affect the social.