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2 - Varieties of Remedy

How Contestation Shapes Governance

Published online by Cambridge University Press:  09 June 2023

Tricia D. Olsen
Affiliation:
University of Denver
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Summary

Chapter 2 takes a deeper dive into the literatures on pragmatism and agonism to illustrate how, when combined, they provide the intellectual framing and underpinnings of the varieties of remedy approach. While pragmatism highlights the need to analyze the dynamics between local actors, their advocates, and the firms involved in the abuse, agonism opens us to the notion that non-violent contestation and confrontation could have a potentially positive role. With this foundation, I develop the varieties of remedy approach, exploring how contestation (e.g. claim making) shapes governance outcomes (e.g. access to judicial or non-judicial remedy mechanisms). Three pathways are discussed in greater depth in Chapter 2 – Institutional Strength, Corporate Characteristics, and Elevating Voices – and tested empirically in subsequent chapters.

Type
Chapter
Information
Seeking Justice
Access to Remedy for Corporate Human Rights Abuse
, pp. 25 - 46
Publisher: Cambridge University Press
Print publication year: 2023

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