Open AccessConceptualising strategic litigation
Author(s) -
Kris van der Pas
Publication year - 2021
Publication title -
oñati socio-legal series
Language(s) - English
Resource type - Journals
ISSN - 2079-5971
DOI - 10.35295/osls.iisl/0000-0000-0000-1226
Subject(s) - term (time) , order (exchange) , strategic planning , management science , business , conceptual framework , strategic thinking , process management , knowledge management , political science , computer science , sociology , marketing , economics , social science , physics , finance , quantum mechanics
This article conceptualises the term “strategic litigation” in order to provide for a definition of it. Strategic litigation is a tool increasingly used in Europe by individuals and organisations to attain different objectives. Next to that, there is increasing academic attention for the topic. Nevertheless, the exact definition of “strategic litigation” remains unclear. Therefore, this article uses the research method of conceptualisation as well as a database research and additional literature to provide for a definition. It looks firstly at the background concept, involving the range of meanings associated with the term “strategic litigation”, after which a systematised concept is formed. Thereby, use is made of the “necessary and sufficient conditions” (NSC) approach, to develop the conditions necessary and/or sufficient for a case to fit within the category of strategic litigation. Moreover, the external conceptual relations of the term are explored.