{"title":"‘There is just nothing to hold on to in this case’: legal technicalities and the use of psychological reports in Chilean domestic violence procedures","authors":"IGNACIO RIQUELME ESPINOSA","doi":"10.1111/jols.12475","DOIUrl":null,"url":null,"abstract":"<p>This ethnographic study examines how Chilean family courts adjudicate domestic violence (DV) cases, highlighting a paradoxical shift away from their intended flexibility towards rigid bureaucratic procedure by examining the undue influence of psychological reports, which are expensive and difficult-to-obtain documents, on case outcomes. This research explores the role of these reports as ‘legal technicalities’, serving as both products and catalysts of specific social relations and tensions, and reveals an earnest yet unsuccessful effort to establish judicial authority amid poorly conceived DV reform. The article contributes to an empirical, bottom-up analysis of authority construction techniques used in recent widespread judicial reforms in Chile, providing fresh insights into the complexities of institutional changes within these contexts.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"51 2","pages":"239-262"},"PeriodicalIF":1.3000,"publicationDate":"2024-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Law and Society","FirstCategoryId":"90","ListUrlMain":"https://onlinelibrary.wiley.com/doi/10.1111/jols.12475","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
This ethnographic study examines how Chilean family courts adjudicate domestic violence (DV) cases, highlighting a paradoxical shift away from their intended flexibility towards rigid bureaucratic procedure by examining the undue influence of psychological reports, which are expensive and difficult-to-obtain documents, on case outcomes. This research explores the role of these reports as ‘legal technicalities’, serving as both products and catalysts of specific social relations and tensions, and reveals an earnest yet unsuccessful effort to establish judicial authority amid poorly conceived DV reform. The article contributes to an empirical, bottom-up analysis of authority construction techniques used in recent widespread judicial reforms in Chile, providing fresh insights into the complexities of institutional changes within these contexts.
本人种学研究探讨了智利家事法庭如何裁决家庭暴力案件,通过研究心理报告对案件结果的不当影响,强调了家事法庭从其预期的灵活性向僵化的官僚程序的矛盾转变,而心理报告是昂贵且难以获得的文件。这项研究探讨了这些报告作为 "法律技术细节 "的作用,既是特定社会关系和紧张局势的产物,也是其催化剂,并揭示了在构思拙劣的 DV 改革中,为树立司法权威所做的认真但却不成功的努力。文章对智利近期广泛开展的司法改革中使用的权威构建技术进行了自下而上的实证分析,为了解这些背景下制度变革的复杂性提供了新的视角。
期刊介绍:
Established as the leading British periodical for Socio-Legal Studies The Journal of Law and Society offers an interdisciplinary approach. It is committed to achieving a broad international appeal, attracting contributions and addressing issues from a range of legal cultures, as well as theoretical concerns of cross- cultural interest. It produces an annual special issue, which is also published in book form. It has a widely respected Book Review section and is cited all over the world. Challenging, authoritative and topical, the journal appeals to legal researchers and practitioners as well as sociologists, criminologists and other social scientists.