To him, law is more than instrumental a mere tool for guiding behavior. It is more than rules and commands from the sovereign, as Jeremy Bentham or H.L.A. Hart might suggest. Law is constitutive. It serves as the structure around which much of life is organized. That certainly is true regarding movement politics.
Law provides the structure in which various movements pursue their particular interests.
It is law that provides the stage, the language, and even the boundaries within which political movements exist. Brigham illustrates the point by setting forth in great detail the historical development of four different political movements. But other citizens challenged these rights claims in the interest of public health. Ultimately, the public health interest prevailed and the bathhouses were closed down. Throughout the controversy, however, the debate was structured by law and the language of law.