The role of social movements and civil society actors in rights advancement has been frequently emphasised. The assumption is that legal mobilisation by civil society actors works towards the extension of rights and the emancipation and advancement of justice for distinctive (minority) groups in society. While traditionally, socio-legal attention on social movement and civil society actions around rights promotion was particularly prominent in the US, for some time now the European context has also been approached from such a socio-legal lens. However, a one-sided, liberal–progressive understanding of social mobilisation around rights has, importantly, been put to the test by recent manifestations of societal actors. Conservative actors tend to (1) promote a restrictive interpretation or a radical reinterpretation of existing rights (e.g. abortion, free speech), (2) limit the diffusion of new rights (e.g. the rights to euthanasia or legalizing surrogate maternity) and/or (3) call for the interruption of the further extensions of rights (e.g. with regard to same-sex marriage, LGBTIQ issues). The analysis of legal mobilisation by such conservative right-wing actors indicates that mobilisational repertoires are strikingly similar to those of liberal actors. This article will discuss the notions of civil society and legal mobilisation and call for a rethinking of these concepts, in part because of the increasing manifestation of societal actors that are in contrast to the traditional liberal paradigm. The article will subsequently engage in a detailed study of one such actor – the Polish legal think tank Ordo Iuris (OI) – with regard to its third-party or amicus curiae interventions at the European Court of Human Rights (ECtHR), stressing the difference of orientation of such interventions from those of liberal actors and also indicating dimensions of ambivalence and similarity in their approaches.

This paper analyses the growing litigation before the European Court of Human Rights (ECtHR) by conservative European Non-governmental Organizations (NGOs) who exploit legal opportunities and other advocacy tactics. These actors oppose the liberal insistence on permissive individual freedom, minority rights and mandatory vaccination. Instead, they promote the sanctity of life, traditional values and harsh terrorism penalties. In this study we show that conservative legal mobilisation is not only related to litigation but also covers the execution of certain ECtHR judgments and the nomination of some European judges. We analyse their tactics using legal and sociolegal methodology (interviews, analysis of legal documents and jurisprudence and network analysis) to characterise their influence on the European human rights system and the reactions of the Council of Europe. We reflect on the moral values claimed by conservative NGOs and their liberal counterparts by analysing how powerful private actors, driven by material and moral interests, take creative initiatives that shape or reshape case law and its politicisation through alliances with so-called ‘illiberal’ and ‘populist’ states.

This article serves as an introduction to the special issue on ‘Populism and Right-Wing Legal Mobilization in Europe’. We point to the dependence of populists in power on non-state actors: populist governments have ideological and political reasons to need the support of civil society’s right-wing representatives and have the financial and institutional means to strengthen those organizations. We then map right-wing legal mobilization in Europe based on the analyses in the special issue. By right-wing legal mobilization, we understand the organized efforts, resources, and strategies employed by individuals, groups, or organizations with conservative or right-leaning ideologies to embody their values in positive law and its interpretation. The text concludes with a dynamic normative framework to assess this type of mobilization. Drawing on recent contributions from comparative constitutional law, human rights, and socio-legal studies, we argue that the analysis and evaluation of right-wing legal mobilization could be based on a comprehensive analysis of three bundles of issues: (1) the relationship between mobilizing actors and the courts, as well as the local standard of judicial independence, (2) the relation of right-wing argumentation to systemic linkages and historical trajectories of human rights, (3) the redistributive effect (economic and symbolic) and the potential success of such mobilization on the legal capacities of other actors who may have opposing interests. From this perspective, the problematic part of right-wing legal mobilization in the context of populism is, therefore, not its ideological, conservative character but its influence on the rule of law to gain strategic advantage. In the process, the very idea of the rule of law and the related issue of civic agency may be compromised.

Though the Polish rule of law crisis has been on the scholarly agenda since the Law and Justice Party (PiS) took power in 2015, the individual agents of legal disruption within the judiciary have been largely off the radar. This intervention aims to fill this gap. This article analyses the legal mobilisation practices of the Supreme Court (SC) judges appointed by the PiS party in a court-packing manner after 2017. It is argued that this is a specific type of legal mobilisation; because it is conducted from within the legal system by judges, it aims to challenge doctrinal views strategically and to legitimise the status of unlawfully elected judges, which consequently destabilises the legal system. Because the legal tools to solve the conflict appear to have been exhausted, new judges engage in public discourse to convince citizens that they have a right to sit on the bench. In the first part of this paper, I critically analyse this public discourse in order to explain the framing of the rule of law crisis. The analysis of this discourse is drawn from 106 texts produced by new SC judges between 2017 and 2023. It is argued that although the ‘populist’ group of SC judges is internally differentiated and does not exhibit clear ideological linkage with the PiS party, it strategically produces certain legal narratives in which their appointments and judicial practices at the SC conform to the Constitution and to relevant statutes and, as such, are legitimate in legal terms. The new judges’ narratives are based on four populist dichotomies that distinguish them from old judges (legitimacy–lack of legitimacy, autonomy–political dependence, formal rule of law–legal anarchy and accountability–corporatism). In the second part, the article proceeds to analyse selected case law of the Supreme Court to explore whether and how court-packing makes it more responsive to the legal mobilisation of the conservative Christian organisation Ordo Iuris (OI) and helps the governing party maintain its power. It is argued that the judicial mobilisation inside the packed Supreme Court is mostly of a discursive nature, as there is limited evidence that newly appointed judges side ideologically with the government and right-wing organisations in recent case law.

The day has arrived that genetic tests for educational outcomes are available to the public. Today parents and students alike can send off a sample of blood or saliva and receive a ‘genetic report’ for a range of characteristics relevant to education, including intelligence, math ability, reading ability, and educational attainment. DTC availability is compounded by a growing “precision education” initiative, which proposes the application of DNA tests in schools to tailor educational curricula to children’s genomic profiles. Here I argue that these happenings are a strong signal of the geneticization of education; the process by which educational abilities and outcomes come to be examined, understood, explained, and treated as primarily genetic characteristics. I clarify what it means to geneticize education, highlight the nature and limitations of the underlying science, explore both real and potential downstream bioethical implications, and make proposals for mitigating negative impacts.

This article examines the complex relationship between Sufism, secularity, and psychiatry through Refik Halid Karay’s 1956 novel, Kadınlar Tekkesi (Women’s Lodge). The article argues that Kadınlar Tekkesi recontextualizes Sufism by medicalizing and pathologizing it through psychiatry and psychopathology. This analysis draws upon discourse analysis and Michel Foucault’s exploration of abnormality and power dynamics. The article contends that this approach diverges from previous anti-Sufi agendas of Turkish novels, which were primarily motivated by religious and moralistic criticisms. The article argues that the application of psychiatric terminology to Sufism suggests a shift in Turkish secularism’s attitude toward Sufism, which transitions from dismissing Sufism as obsolete to engaging with it systematically through scientific study. Informed by modern scientific rationality, this shift signifies a redefined interaction between knowledge and power and the gendered aspects of the medicalization process. The article underscores that interactions between the discourses of secularism, Sufism, and psychopathology suggest a new regime of truth based on secular and scientific thought, while implicitly supported by orthodox Islamic principles.

Some recent work on populist conservative forces engaged in legal mobilization in Europe highlights the involvement of US-based conservative legal advocacy organizations and their European affiliates. These groups are linked to efforts to resist the integration of Europe and the power of the European courts to implement the projects of liberal, left-leaning pro-EU social forces. Little attention thus far has focused on the lawyers active in these advocacy groups, their ties to the American conservative legal movement and the transnational lawyer networks of which they are a part. This essay sketches an agenda for future research on the composition, operations, strategies and discourse of this complex constellation of conservative lawyers and their organizations.

The toolbox for resisting illiberalism is quite diverse. It includes high-level diplomatic negotiations concerning sanctions to enforce democracy and citizens’ mobilisation for local causes. This article focuses on strategic litigation as legal mobilisation, relying on the language of rights and the rule of law and addressing courts as defenders of liberal democracy. Such mobilisation leads to litigation before national and European courts concerning issues such as media freedom, judicial independence, minority rights or the rights of migrants. In order to be authoritative, however, courts need support from political institutions at national and EU levels from the transnational judicial community and from civil society. The embeddedness in structured civil causes and organisations seems particularly relevant in the context of strategic litigation. This article aims to map out particular factors in the EU legal and institutional systems that directly affect the prospects of strategic litigation against illiberal reforms using EU law.

On the one hand, the EU legal system does not provide direct access to the Court of Justice of the EU (CJEU). The multilevel system of judicial protection in the EU means that litigation aimed at resisting illiberalism mostly needs to start before national courts, making it vulnerable to political capture of national judiciary. On the other hand, the EU law system is based on the purposive constitutional framework of the Treaties. The tendency to follow a teleological interpretation of the CJEU makes it a promising ground for advocating for new interpretations of the law in light of a changing social context. Finally, EU law is a system with a particular legal culture and a field of experts who are well-versed in applying that culture. This field does not directly overlap with the specialised lawyers who often initiate strategic litigation; who tend to be experts in the fields of migration, transparency or the environment; and who do not have a broader understanding of EU law and its integration logic.

Medical ethics education is crucial for medical students and trainees, helping to shape attitudes, beliefs, values, and professional identities. Exploration of ethical dilemmas and approaches to resolving them provides a broader understanding of the social and cultural contexts in which medicine is practiced, as well as the ethical implications of medical decisions, fostering critical thinking and self-reflection skills imperative to providing patient-centered care. However, exposure to medical ethics topics and their clinical applications can be limited by curricular constraints and the availability of institutional resources and expertise. Podcasts, among other Free Open Access Medical Education (FOAMed) resources, are a novel educational tool that offers particular advantages for self-directed learning, a process by which learners engage in asynchronous educational opportunities outside of traditional academic or clinical settings. Podcasts can be readily distributed to wide audiences and played at any time, reducing barriers to access and offering a level of flexibility that is not possible with traditional forms of education and is well-suited to busy schedules. Podcasts can also use real voices and storytelling to make the content memorable and eminently human. This paper describes the development, production process, and impact of Core IM’s “At the Bedside,” a podcast focusing on issues in medical ethics and the medical humanities, intending to supplement standard bioethics curricula in an accessible, relevant, and engaging way. The authors advocate for broad incorporation of podcasts into medical ethics education.

Many bioethicists have recently shifted from using “physician-assisted suicide” (PAS) to “medical aid-in-dying” (MAID) to refer to the act of voluntarily hastening one’s death with the assistance of a medical provider. This shift was made to obscure the practice’s connection to “suicide.” However, as the charge of “suicide” is fundamental to arguments against the practice, “MAID” can only be used by its proponents. The result has been the fragmentation of the bioethical debate. By highlighting the role of human agency—as opposed to natural processes—in causing death, the term “PAS” makes it easier both to perceive potential risks to vulnerable populations and to affirm suicide as a potentially autonomous choice. As such, “PAS” thus more transparently expresses the arguments of both supporters and opponents of the “right to die,” while avoiding the unnecessary stigmatization of suicide and suicidal people which is a result of the usage of “MAID.”