THE FOUR MECHANISMS THAT DRIVE LEGAL CHANGES

Question 1

Diagnostic Struggle (Bacchi, Van der Woude)

what does this mean?

Answer 1

When different legal actors in different nations basically have opposing ways of how to define a social problem. Different people see what the probelm is represented to be differently

Question 2

Rule Indeterminancy (Van der Woude)

what does this mean?

Answer 2

When there is ambiguity and lack of clear rules and regulations

In VDW’s article- border controls in Shchengen Area

Question 3

Ideological Contradictions

Answer 3

Written laws can sometimes have conflicting ideas that contradict each other the idealogies are conflicting

The ideological contradictions are internalised within the law- Roxanne
Example :anti-abortion laws- pro life ideology vs. Pro-Choice ideology

Question 4

Actor Mismatch (Van der Woude)

Answer 4

Those that create the laws (supranationals), are usually different to those who enforce the rules. can result in conflicting interests

National interests vs collective interests

Question 5

What does these 4 different mechanism have in common?

Answer 5

They all drive legal changes !