{"title":"“我不想要孩子”:瑞士气候变化审判中的一个非政治论点","authors":"Clémence Demay, Mathilde Krähenbühl","doi":"10.1108/joe-04-2023-0012","DOIUrl":null,"url":null,"abstract":"Purpose This paper aims to explore how the argument of “eco-reproductive” concerns was mobilized in climate change trials in Switzerland. Looking at social movements' advantages and constraints when having recourse to the law, the authors interrogate why the symbolism of reproduction and kinship represented a political opportunity to defend the activists in a judicial system where judging is seen as an apolitical act. Design/methodology/approach This paper is grounded in legal research and research on social movements. While legal research focuses mainly on the study of legal and written sources, the authors used ethnography and conducted interviews to cross the perspectives of activists, their lawyers and judges. Findings In a context where positivist legal tradition remains strong, the “eco-reproductive” argument represented the advantage of being “apolitical,” thus audible in court. Used as socio-political tools, “eco-reproductive” concerns translated the activists' political claims into the legal arena. However, judges' conservative beliefs on family reinforced the depoliticization of activists' claims. Originality/value While research on “eco-reproductive” concerns has been significantly quantitative and exploratory, the authors look in depth at one case of application and highlight the limits of “eco-reproductive” concerns to appeal to decision-makers.","PeriodicalId":44924,"journal":{"name":"Journal of Organizational Ethnography","volume":null,"pages":null},"PeriodicalIF":0.9000,"publicationDate":"2023-11-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"“I don't want a child”: an apolitical argument in climate change trials in Switzerland\",\"authors\":\"Clémence Demay, Mathilde Krähenbühl\",\"doi\":\"10.1108/joe-04-2023-0012\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Purpose This paper aims to explore how the argument of “eco-reproductive” concerns was mobilized in climate change trials in Switzerland. Looking at social movements' advantages and constraints when having recourse to the law, the authors interrogate why the symbolism of reproduction and kinship represented a political opportunity to defend the activists in a judicial system where judging is seen as an apolitical act. Design/methodology/approach This paper is grounded in legal research and research on social movements. While legal research focuses mainly on the study of legal and written sources, the authors used ethnography and conducted interviews to cross the perspectives of activists, their lawyers and judges. Findings In a context where positivist legal tradition remains strong, the “eco-reproductive” argument represented the advantage of being “apolitical,” thus audible in court. Used as socio-political tools, “eco-reproductive” concerns translated the activists' political claims into the legal arena. However, judges' conservative beliefs on family reinforced the depoliticization of activists' claims. Originality/value While research on “eco-reproductive” concerns has been significantly quantitative and exploratory, the authors look in depth at one case of application and highlight the limits of “eco-reproductive” concerns to appeal to decision-makers.\",\"PeriodicalId\":44924,\"journal\":{\"name\":\"Journal of Organizational Ethnography\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.9000,\"publicationDate\":\"2023-11-13\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Organizational Ethnography\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1108/joe-04-2023-0012\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"MANAGEMENT\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Organizational Ethnography","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1108/joe-04-2023-0012","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"MANAGEMENT","Score":null,"Total":0}
“I don't want a child”: an apolitical argument in climate change trials in Switzerland
Purpose This paper aims to explore how the argument of “eco-reproductive” concerns was mobilized in climate change trials in Switzerland. Looking at social movements' advantages and constraints when having recourse to the law, the authors interrogate why the symbolism of reproduction and kinship represented a political opportunity to defend the activists in a judicial system where judging is seen as an apolitical act. Design/methodology/approach This paper is grounded in legal research and research on social movements. While legal research focuses mainly on the study of legal and written sources, the authors used ethnography and conducted interviews to cross the perspectives of activists, their lawyers and judges. Findings In a context where positivist legal tradition remains strong, the “eco-reproductive” argument represented the advantage of being “apolitical,” thus audible in court. Used as socio-political tools, “eco-reproductive” concerns translated the activists' political claims into the legal arena. However, judges' conservative beliefs on family reinforced the depoliticization of activists' claims. Originality/value While research on “eco-reproductive” concerns has been significantly quantitative and exploratory, the authors look in depth at one case of application and highlight the limits of “eco-reproductive” concerns to appeal to decision-makers.
期刊介绍:
The Journal of Organizational Ethnography (JOE) has been launched to provide an opportunity for scholars, from all social and management science disciplines, to publish over two issues: -high-quality articles from original ethnographic research that contribute to the current and future development of qualitative intellectual knowledge and understanding of the nature of public and private sector work, organization and management -review articles examining the history and development of the contribution of ethnography to qualitative research in social, organization and management studies -articles examining the intellectual, pedagogical and practical use-value of ethnography in organization and management research, management education and management practice, or which extend, critique or challenge past and current theoretical and empirical knowledge claims within one or more of these areas of interest -articles on ethnographically informed research relating to the concepts of organization and organizing in any other wider social and cultural contexts.