The Hollow Hope: Can Courts Bring About Social Change? Second Edition (American Politics and Political Economy Series)

courts have the capacity to act where other institutions are politically unwilling or structurally unable to proceed.

Unencumbered by electoral commitments and political deal-making, and protected from recrimination, they can act to fulfill the constitutional mandate.

courts can point the way to doing what is "right."

Because, in Hamilton's words, they lack power over either the "sword or the purse," their ability to produce political and social change is limited. In contrast to the first view,

"why the 'haves' come out ahead" and suggests that the resources and experience available to established and on-going groups provide an advantage in litigation.

court decisions can "politicize issues that otherwise might have remained unattended"

the positions of unpopular and politically weak groups, denied access to and influence with administrative, executive, and legislative branches, must be taken seriously by the courts.

Condition 1: Courts may effectively produce significant social reform when other actors offer positive incentives to induce compliance.

Fleshed out, these include political goods such as participation in the political process and freedom of speech and association; legal goods such as equal and non-discriminatory treatment of all people; material goods; and self-respect, the opportunity for every individual to lead a satisfying and worthy life.