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Legal Collusion: Legal Consciousness under China’s One-Child Policy 合法合谋：中国独生子女政策下的法律意识
Law & Social Inquiry Pub Date : 2024-01-11 DOI: 10.1017/lsi.2023.79
Qian Liu
{"title":"Legal Collusion: Legal Consciousness under China’s One-Child Policy","authors":"Qian Liu","doi":"10.1017/lsi.2023.79","DOIUrl":"https://doi.org/10.1017/lsi.2023.79","url":null,"abstract":"Why would one person facilitate a community member’s evasion of the law, even when there is nothing tangible in it for themselves? In this article, I draw on stories in Chinese villages under the one-child policy to suggest that the lack of moral legitimacy in a particular law motivates people to help others overcome legal or policy restrictions, especially when there are existing connections and trust among them. It reveals the influential impact of law’s moral legitimacy on people’s responses to legal evasion and the relational nature of legal consciousness. An individual’s existing connections with and trust in those who evade the law often reinforce the sense of obligation to take matters into one’s own hands to help right the wrong that has been done to them. Nevertheless, the consequences of participating in such collusion may reshape expectations and obligations within the community, pushing law-evading citizens to minimize risks for those who are willing to facilitate their evasion of the law. The fluid nature of interpersonal relationships in Chinese society also means that when things go wrong, supportive members may in turn use their insider information against the law-evading citizen to seek revenge or teach them a lesson.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"29 14","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139534178","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Macro-criminology and Freedom: The Durability of Later John Braithwaite 宏观犯罪学与自由：后来的约翰-布雷斯怀特的持久性
Law & Social Inquiry Pub Date : 2023-12-12 DOI: 10.1017/lsi.2023.77
Kieran McEvoy
{"title":"Macro-criminology and Freedom: The Durability of Later John Braithwaite","authors":"Kieran McEvoy","doi":"10.1017/lsi.2023.77","DOIUrl":"https://doi.org/10.1017/lsi.2023.77","url":null,"abstract":"","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"22 17","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139008894","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Unspectacular Atrocities and the Aesthetics of International Trials 不引人注目的暴行与国际审判美学
Law & Social Inquiry Pub Date : 2023-12-08 DOI: 10.1017/lsi.2023.76
L. Minkova
{"title":"Unspectacular Atrocities and the Aesthetics of International Trials","authors":"L. Minkova","doi":"10.1017/lsi.2023.76","DOIUrl":"https://doi.org/10.1017/lsi.2023.76","url":null,"abstract":"","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"48 18","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138588387","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Adminigration: City-Level Governance of Immigrant Community Members 管理:移民社区成员的城市级治理
Law & Social Inquiry Pub Date : 2023-09-06 DOI: 10.1017/lsi.2023.49
S. Coutin, Walter J. Nicholls
{"title":"Adminigration: City-Level Governance of Immigrant Community Members","authors":"S. Coutin, Walter J. Nicholls","doi":"10.1017/lsi.2023.49","DOIUrl":"https://doi.org/10.1017/lsi.2023.49","url":null,"abstract":"The concept of adminigration provides a much-needed lens in theorizing immigration enforcement, citizenship, and urban geographies. We define adminigration as the governance of immigrant community members through city-level policies and programs, whether or not these explicitly focus on immigrants. Our focus on adminigration involves three theoretical interventions: (1) bridging literature on immigrant bureaucratic incorporation and crimmigration to situate city-level administrative practices within immigration policymaking; (2) a focus on how localized definitions of membership, as enacted by cities, produce citizenship, legality, and illegality, and (3) the argument that these practices play out in space, resulting in variegated urban landscapes that are better characterized as a network than a level. We develop these points through a review of the literature on bureaucratic incorporation, crimmigration, citizenship, and the spatialization of immigration policymaking. To illustrate the utility of this framework, we conclude with a case study of adminigration in a California city that we call “Mayville.”","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131937030","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Property Markers and the Hassle of Leniency: Building Code Enforcement in the Courtroom 财产标志和宽大处理的麻烦:法庭上的建筑规范执行
Law & Social Inquiry Pub Date : 2023-09-06 DOI: 10.1017/lsi.2023.55
Robin Bartram
{"title":"Property Markers and the Hassle of Leniency: Building Code Enforcement in the Courtroom","authors":"Robin Bartram","doi":"10.1017/lsi.2023.55","DOIUrl":"https://doi.org/10.1017/lsi.2023.55","url":null,"abstract":"Unlike other housing courts, Chicago’s building court is characterized by leniency. The mostly low-income property owners who appear in building court often receive extensions to remedy building code violations or even dismissals of their violations. This article shows that, paradoxically, the consequences of these lenient outcomes are punitive for building court defendants, replicating the kinds of detrimental outcomes that harsher legal enforcement can produce. Building on conceptual apparatus from socio-legal studies, I identify two mechanisms—property markers and hassle of leniency—through which building court entrenches or even exacerbates housing precarity for low-income homeowners and small-time landlords. I argue that without additional support for low-income defendants, even well-intentioned leniency on the part of municipal officials and legal actors reinforces economic inequities in the housing market.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"204 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121170268","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
US Asylum Lawyering and Temporal Violence 美国庇护律师和暂时暴力
Law & Social Inquiry Pub Date : 2023-09-04 DOI: 10.1017/lsi.2023.45
Catherine L. Crooke
{"title":"US Asylum Lawyering and Temporal Violence","authors":"Catherine L. Crooke","doi":"10.1017/lsi.2023.45","DOIUrl":"https://doi.org/10.1017/lsi.2023.45","url":null,"abstract":"Research on the temporal dimensions of international migration focuses on how migrants experience time. This study instead turns attention to public interest lawyers, whose work plays a crucial role in ensuring favorable legal outcomes for immigrants, in order to consider time’s salience within the US asylum context. Based on twelve months of ethnographic fieldwork with Los Angeles-based public interest asylum attorneys, this article argues that lawyers confront both weaponized efficiency and weaponized inefficiency in the course of representing asylum seekers. Advocates must rush to keep pace, on the one hand, as various state actors accelerate asylum processes and, on the other, find ways to advance clients’ interests even as state agencies selectively slow procedures to a standstill. These findings affirm that temporal contradictions define the US asylum system. Further, they demonstrate that lawyers experience these contradictions not as natural phenomena but, rather, as temporal violence: in a range of contexts, government action mobilizes time—whether actively or passively—in the service of migration control.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"92 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123103971","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Understanding the Litigation Priorities of Legal Impact Organizations 了解法律影响组织的诉讼优先权
Law & Social Inquiry Pub Date : 2023-09-04 DOI: 10.1017/lsi.2023.47
David L. Trowbridge
{"title":"Understanding the Litigation Priorities of Legal Impact Organizations","authors":"David L. Trowbridge","doi":"10.1017/lsi.2023.47","DOIUrl":"https://doi.org/10.1017/lsi.2023.47","url":null,"abstract":"What influences the litigation agendas of LGBTQ legal impact organizations in the United States? These organizations are at the forefront of bringing rights claims before the courts, but capacity and resource limitations mean that they cannot litigate every issue important to their constituency. Drawing on dozens of interviews with movement actors and organizational documents, I find that the formation of litigation agendas in LGBTQ legal impact organizations resembles the dynamic models of policy agenda setting, with cause lawyers influenced by a confluence of commonly reoccurring elements of unequal influence. However, one element stood out in influencing litigation choices, above even donor and funding concerns: lawyer autonomy and individual preferences. My findings suggest greater agency of individual cause lawyers and contribute to our understanding of the relationship between legal organizations and social movements.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126339290","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
How UN Counter-Terrorism Sanctions Are Made 联合国反恐制裁是如何制定的
Law & Social Inquiry Pub Date : 2023-09-04 DOI: 10.1017/lsi.2023.52
Anton Moiseienko
{"title":"How UN Counter-Terrorism Sanctions Are Made","authors":"Anton Moiseienko","doi":"10.1017/lsi.2023.52","DOIUrl":"https://doi.org/10.1017/lsi.2023.52","url":null,"abstract":"Gavin Sullivan’s encounter with UN counter-terrorism sanctions began in 2010. Then, as a practicing human rights lawyer, he a wrote a report on the subject, which resulted in him being in touch with several Tunisian men in France who found themselves on a sanctions list:\u0000 This experience of working closely with listed individuals on these cases helped me see first-hand how unjust this regime of preemptive security governance is. People were being targeted on what appeared to be little or no grounds at all. And the consequences of being listed are incredibly severe. (4)\u0000","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114294301","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Reshaping Goals and Values in Times of Penal Transition: The Dynamics of Penal Change in the Collateral Consequences Reform Space 刑罚转型时代目标与价值的重塑:附带后果改革空间中的刑罚变迁动态
Law & Social Inquiry Pub Date : 2023-08-29 DOI: 10.1017/lsi.2023.46
A. Corda
{"title":"Reshaping Goals and Values in Times of Penal Transition: The Dynamics of Penal Change in the Collateral Consequences Reform Space","authors":"A. Corda","doi":"10.1017/lsi.2023.46","DOIUrl":"https://doi.org/10.1017/lsi.2023.46","url":null,"abstract":"Over the past decade, reform efforts in the area of collateral consequences of conviction have succeeded in emancipating themselves from standard discourses and dynamics in the US criminal legal reform space. This article draws on concepts and insights from the literature on penal transformation to explore the unique interplay of goals and values that have led to recent collateral consequences reforms. It identifies three major drivers of change that have had a significant impact, particularly, on softening occupational licensing restrictions for individuals with a criminal history and passing criminal record clearance legislation. First, advocates of the economic libertarian agenda joined forces with civil libertarian groups to reduce occupational licensing hurdles for criminal record holders. Second, an attitude promoting redemption and second chances through criminal record clearance reform has been championed, in particular, by the Christian right. Third, economic concerns by employers seeking to hire individuals with a criminal record have become more pronounced in tight labor markets, both pre- and post-pandemic. The analysis concludes that, although much remains to be done, ongoing reforms represent a significant reshaping of the collateral consequences landscape. A logic of unworthiness toward individuals with criminal records, however, remains hard to eradicate and can easily resurface in the current unstable phase of penal transition.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132052338","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Legal Disagreement 法律上的分歧
Law & Social Inquiry Pub Date : 2023-08-24 DOI: 10.1017/lsi.2022.65
K. Davis, Alfredo Guerra Guevara
{"title":"Legal Disagreement","authors":"K. Davis, Alfredo Guerra Guevara","doi":"10.1017/lsi.2022.65","DOIUrl":"https://doi.org/10.1017/lsi.2022.65","url":null,"abstract":"Individuals within the same jurisdiction often have different perceptions of the legal system, a phenomenon we call legal disagreement. Cross-country analyses of legal institutions generally ignore this kind of within-country variation. This article defines the concept of legal disagreement, identifies its potential causes and consequences, and shows that it can be measured using data from cross-country surveys. We argue that legal disagreement is likely to be caused by differences in individuals’ sources of information about the legal system, how the system treats cases of a given type, or how individuals process legal information, all of which may be related to differences in social position. We also suggest that understanding why individuals disagree about legal systems is valuable for several reasons, particularly when the disagreement reflects systematic differences in beliefs across people in different social positions. We use data from World Justice Project population surveys to create quantitative measures of legal disagreement for 128 countries or jurisdictions. We identify correlations between legal disagreement and measures of its potential causes and consequences, such as perceptions of discrimination and ethnic fractionalization. We also provide evidence that those variations are driven by differences in perceptions that track differences in gender, financial well-being, and class.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128759202","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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