Chapter 9: Thinking in a Gramscian way: Reflections on Gramsci and law
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This chapter examines the political thought of Antonio Gramsci as it relates to questions of law and socio-legal analysis. Focusing on the potential role of law and litigation in a broader revolutionary strategy, the chapter considers the relevance of Gramsci’s work to contemporary legal struggles. It argues that Gramsci’s analysis of the integral state (the interdependence of civil society and the state) helps to explain the role that strategic litigation may play in a war of position, contesting the moral and intellectual leadership of the dominant class. Although such strategies do not always result in direct confrontation, the chapter examines their role in organising resistance to hegemonic orders, arguing that Gramsci remains relevant because his work illuminates techniques of subversion that operate both inside and outside formal law and the courts.

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