Bleeding heart: reflections on using the law to make social change

Article Abstract:

New Zealand has been politically progressive in enacting laws to protect gay people, but remains conservative in its social integration of homosexuals. This example suggests the limitations of attempting to achieve social change through legal change. To be truly 'culture-shifting,' a legal change must be broad and profound, accompanied by public awareness and a general sense that the change is legitimate, along with continuous enforcement of the change. Legislative changes are more likely to be 'culture-shifting' and thus should be preferred by activists to change through the courts or administrative agencies.

Social policy, New Zealand, Public interest law

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The moral rhetoric of legislation

Article Abstract:

Gay rights supporters should address moral concerns about homosexuality to promote a cultural shift toward greater acceptance of gays. Although most advocates of gay rights have avoided the moral rhetoric that is used by opponents, the moral legitimacy of gay sex should be upheld to show that a public policy supporting gay rights is consistent with a strongly moral social structure. A more explicit dialogue on this issue would help to encourage a cultural change in attitudes toward homosexuality.

Laws, regulations and rules, Law, Ethics, Law and ethics

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Lawyering for social justice

Article Abstract:

Tom Stoddard in his essay 'Bleeding Heart' suggests that legislative reforms are more likely to produce 'culture-shifting,' transforming social norms, than are successful lawsuits. However, the dynamic between legislation and litigation is more complex and historically contingent than Stoddard's analysis suggests. In addition, public engagement is needed for rule-shifting to become culture-shifting. Any legal or political arena can become a means of mobilizing an engaged constituency.

Social justice

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