Informed Non-Use: The Hazards of Mobilising Law in Precarious Housing Arrangements

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Authors: Anna Wyss, Katharina Winkler, Tobias Georg Eule
Cited by: 1
References: 61

Abstract

This article explores why individuals in vulnerable positions may not mobilise available legal avenues to protect themselves from harm, despite being aware of their existence. Drawing on data relating to precarious housing situations in Berlin and Zurich, we argue that the assumption that mobilising the law would improve the situation of individuals is not always accurate. We present three dimensions of non-mobilisation that prevent individuals from turning to the law: (1) their precarious market position in relation to their landlords, (2) the perceived detrimental impact of legal mobilisation on other legal affairs and (3) available solutions do not fit individuals' complex realities. Theoretically, we bring insights from the ‘non-take-up’ literature in social policy into the debate around legal mobilisation and legal consciousness. We argue for a more nuanced understanding of legal mobilisation that takes into account both people's understanding of law and their broader legal, economic and lived realities.

Fields of Study & Subjects

Urban Planning and Governance Housing Finance and Neoliberalism Law in Society and Culture

Publication details

Journal / source
Social & Legal Studies
Publisher
SAGE Publications
Publication date
29 March 2026
Language
EN