Jeffrey Lane, Hana Shepherd, Holly Avella, Aaron Martin
{"title":"Outside the brackets: Why school administrators fail to see gendered harassment within an antibullying law","authors":"Jeffrey Lane, Hana Shepherd, Holly Avella, Aaron Martin","doi":"10.1111/lasr.12652","DOIUrl":null,"url":null,"abstract":"<p>Much of school bullying involves students policing the gender roles and sexuality of other students. The proliferation of antibullying laws presents an opportunity to formally punish and mark gendered harassment as unacceptable. However, when this form of peer policing involves girls, administrators often consider it to fall outside the purview of the law. We use bracketing theory to understand how middle school administrators in New Jersey assess whether student behavior violates a statewide harassment, intimidation, and bullying law. We find that, according to administrators, violations require relational asymmetry between an aggressor and victim: an imbalance of power and disproportionate participation. Administrators rarely see gendered harassment as bullying because of the relational stereotypes they attach to girl students, which often preclude interpretations of relational asymmetry. We discuss how gender beliefs among administrators and “bracketing failures” explain the ways antibullying laws allow hegemonic beliefs about gender and sexuality to remain untroubled.</p>","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"57 2","pages":"234-253"},"PeriodicalIF":2.3000,"publicationDate":"2023-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Law & Society Review","FirstCategoryId":"90","ListUrlMain":"https://onlinelibrary.wiley.com/doi/10.1111/lasr.12652","RegionNum":2,"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
Much of school bullying involves students policing the gender roles and sexuality of other students. The proliferation of antibullying laws presents an opportunity to formally punish and mark gendered harassment as unacceptable. However, when this form of peer policing involves girls, administrators often consider it to fall outside the purview of the law. We use bracketing theory to understand how middle school administrators in New Jersey assess whether student behavior violates a statewide harassment, intimidation, and bullying law. We find that, according to administrators, violations require relational asymmetry between an aggressor and victim: an imbalance of power and disproportionate participation. Administrators rarely see gendered harassment as bullying because of the relational stereotypes they attach to girl students, which often preclude interpretations of relational asymmetry. We discuss how gender beliefs among administrators and “bracketing failures” explain the ways antibullying laws allow hegemonic beliefs about gender and sexuality to remain untroubled.
期刊介绍:
Founded in 1966, Law & Society Review (LSR) is regarded by sociolegal scholars worldwide as a leading journal in the field. LSR is a peer-reviewed publication for work bearing on the relationship between society and the legal process, including: - articles or notes of interest to the research community in general - new theoretical developments - results of empirical studies - and reviews and comments on the field or its methods of inquiry Broadly interdisciplinary, Law & Society Review welcomes work from any tradition of scholarship concerned with the cultural, economic, political, psychological, or social aspects of law and legal systems.