Power and the Quest for Justice

Abstract

This dissertation asks how legal, political and social actors affect the beliefs and actions of public interest law organizations. In order to answer this question requires two conceptual prerequisites. The first is the concept of power. There are substantial limitation with current understandings of what it means to affect others . I conduct an ordinary language analysis to illustrate interest group scholars’ acceptance of one sense of power—as domination. In the process, I recover another sense of power— as influence—the ability to affect others through imperceptible and non-coercive means. The second conceptual prerequisite is what public law organizations do, and how these actions reinforce one another. I create the concept of triangular advocacy to explain how these groups try to change society through a combination of legal, political, and social advocacy. While legal advocacy is central to public law groups’ efforts, political and social advocacy complements their goals. With the concepts of power—as influence, and triangular advocacy, I examine the question that I posed at the outset: how key actors have power with public law groups. I find that legal and social advocacy are important ways for PILOs to overcome challenges that political actors and the broader public place in their way. If public law groups perceive themselves as having good relationships with political actors, however, then they can concentrate on insider forms of politics, and do not need to emphasize social change as strongly.