Law & Social Inquiry最新文献_第2页

Reimagining Public Safety: Defining “Community” in Participatory Research 重塑公共安全:参与式研究中的“社区”定义

Law & Social Inquiry Pub Date : 2023-08-22 DOI: 10.1017/lsi.2022.94

Naomi Levy, Amy E. Lerman, P. Dixon

{"title":"Reimagining Public Safety: Defining “Community” in Participatory Research","authors":"Naomi Levy, Amy E. Lerman, P. Dixon","doi":"10.1017/lsi.2022.94","DOIUrl":"https://doi.org/10.1017/lsi.2022.94","url":null,"abstract":"In the context of a national movement to defund police departments, many American cities are starting to reimagine public safety, as activists demand new practices that maintain safety while minimizing harm, as well as ensuring accountability when harms occur. Drawing on Everyday Peace Indicators methodologies, we argue that “community-centered” measurement, combined with researcher-practitioner partnerships, can help move both researchers and policymakers toward a more meaningful approach to policy design and evaluation. However, the application of community-centered measurement to the context of American policing raises important theoretical and practical concerns—in particular, the question of how community is defined, and who gets to define it. In this article, we ask: how do we define “community” in participatory research contexts where the concept of community is overlapping and contested? Using the example of a recent study carried out in the City of Oakland, we illustrate the complexities of applying a community-centered measurement process to the case of public safety and, more broadly, to police reform in American cities. We conclude with a discussion of both the benefits and limitations of our own approach, as well as a set of considerations for those engaging in participatory research.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"14 5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130574087","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

Constitutionalism with Adjectives: Conceptual Innovation in the Comparative Study of Law 形容词的宪政:法学比较研究中的概念创新

Law & Social Inquiry Pub Date : 2023-08-22 DOI: 10.1017/lsi.2023.1

Diana Kapiszewski, Deborah Groen, Katja Newman

{"title":"Constitutionalism with Adjectives: Conceptual Innovation in the Comparative Study of Law","authors":"Diana Kapiszewski, Deborah Groen, Katja Newman","doi":"10.1017/lsi.2023.1","DOIUrl":"https://doi.org/10.1017/lsi.2023.1","url":null,"abstract":"The latter half of the twentieth century and the early twenty-first century witnessed a global wave of constitution writing. Scholarly examination of these new charters found that most embodied liberalism and democracy. Additional study, however, found that textual convergence among these “higher law constitutions” belied important heterogeneity in constitutionalism—that is, in the principles underlying these charters and associated attitudes and behaviors. Scholars adopted several conceptual strategies to accommodate this variation, including attaching adjectives to constitutionalism (for example, “globalizing constitutionalism” and “abusive constitutionalism”). This article analyzes this conceptual innovation, drawing on an original dataset of all mentions of the word “constitutionalism” paired with a qualifying adjective found in the title/abstract of articles or in the title/first substantive page of books/dissertations, written in English, published between 1945 and 2019 and referenced on the Internet. We identified 1,621 “adjective-constitutionalism combinations,” including 564 unique combinations, suggesting both extraordinary empirical variation and little coordination among scholars with regard to conceptualization. Moreover, scholars’ conceptualizations of constitutionalism rarely reference equality, justice, or state responsibility for pursuing those ideals, despite these values being logical extensions of higher law constitutions’ core precepts; indeed, some conceptualizations even reflected illiberal or rights-limiting principles of governance. These findings raise the specter of a disconnect between constitutions and constitutionalism that we hope future studies will examine.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"45 8","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120923304","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

Reparations, But for What? Presenting a New Approach to Coding Reparations 赔偿，但为了什么?提出一种编码补偿的新方法

Law & Social Inquiry Pub Date : 2023-08-22 DOI: 10.1017/lsi.2022.67

Claire Greenstein

引用次数: 0

The Paradox of Justice: From Transitional to Everyday Justice 正义的悖论:从过渡到日常正义

Law & Social Inquiry Pub Date : 2023-08-22 DOI: 10.1017/lsi.2023.23

Peter Dixon, Pamina Firchow, Fiorella Vera-Adrianzén

{"title":"The Paradox of Justice: From Transitional to Everyday Justice","authors":"Peter Dixon, Pamina Firchow, Fiorella Vera-Adrianzén","doi":"10.1017/lsi.2023.23","DOIUrl":"https://doi.org/10.1017/lsi.2023.23","url":null,"abstract":"Transitional justice lacks a coherent framework for articulating the relationship between distributive and corrective justice. Academic debates remain largely normative, focused on whether and how transitional justice should distinguish itself from the realm of the social, economic, and cultural. Where there is a bridge between legal logics and lived realities, it generally happens through victims’ consultation, but these are often thinly designed processes, revolving around questions like “what do victims want” or failing to turn expectations into action. Taking inspiration from Sally Engle Merry’s “paradox of measurement,” in which measurements produce the realities they assess, we pose a “paradox of justice” in which victims’ lived experiences are filtered and reproduced through the technology of consultation. While important, the question of “what do victims want” ultimately oversimplifies the complexities of how injustice is experienced. Drawing on a unique dataset of everyday indicators of justice from Colombia, this article establishes a framework for articulating the experiential dimensions of post-conflict justice. Ultimately, this framework highlights that justice is a process—whether in the courtroom or in a village reckoning with a massacre—and that the kinds of relationships that justice institutions build with victims are of equal relevance to what these institutions ultimately deliver.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"7 41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124259008","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

Justice in the Vernacular: An Anthropological Critique of Commensuration 白话中的正义:通约的人类学批判

Law & Social Inquiry Pub Date : 2023-08-22 DOI: 10.1017/lsi.2022.107

Mark Goodale

{"title":"Justice in the Vernacular: An Anthropological Critique of Commensuration","authors":"Mark Goodale","doi":"10.1017/lsi.2022.107","DOIUrl":"https://doi.org/10.1017/lsi.2022.107","url":null,"abstract":"This article examines the far-reaching implications of Sally Engle Merry’s seminal multi-sited research on human rights measurement and monitoring. As she argued, human rights indicators, which form the basis for measurement, depend upon a highly elaborate, and largely obscured, process of commensuration. Through commensuration, complex social, legal, and economic phenomena are treated as variables that can be measured using statistical procedures that flatten the underlying complexities. Commensuration, in this sense, takes place at all levels: local, subnational, national, and international. At each stage, the process of “measuring justice” through commensuration has the paradoxical effect of becoming more precise as variables become more detached from the nuances of everyday conflicts. In Merry’s analysis, the global “seductions of quantification” reinforce the dominance of commensurability as an ideology of both scientific validity and social change. Drawing on both Merry’s work and wider comparative research in the anthropology of human rights and justice, this contribution to the symposium argues that the anthropological critique of commensuration carries important lessons for the meanings of “justice” more generally. How can justice be measured at a global level if, as Merry’s research shows, the underlying factors that supposedly reflect injustice are highly specific, contingent, and, most importantly, incommensurable? As a potential way out of this dilemma, the article explores the possibilities of conceptualizing “justice” in the vernacular, an approach grounded in local cultural and ethical realities.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114188931","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

Giving and Taking Voice: Metapragmatic Dismissals of Parents in Child Welfare Court Cases 给予与接受声音:儿童福利法庭案件中父母的元语用驳回

Law & Social Inquiry Pub Date : 2023-08-10 DOI: 10.1017/lsi.2023.50

Jessica López‐Espino

{"title":"Giving and Taking Voice: Metapragmatic Dismissals of Parents in Child Welfare Court Cases","authors":"Jessica López‐Espino","doi":"10.1017/lsi.2023.50","DOIUrl":"https://doi.org/10.1017/lsi.2023.50","url":null,"abstract":"Applying tools of linguistic anthropology to ethnographic research conducted in a California child welfare court, this article analyzes how commentary by attorneys and judges about the language practices of parents and other communicative practices normalized the dismissal of the voices of marginalized lay actors throughout their cases. This commentary is an example of what linguistic anthropologists describe as “metapragmatic discourse,” or the use of language to foreground language itself and what language can accomplish in social exchanges. I introduce the concept of “metapragmatic dismissals” to describe how attorneys and judges in the child welfare context positioned parents’ language practices and overall personhood as suspect, often before parents even entered the courtroom. I identify practices of silencing, voicing figures of disbelief, and the use of metapragmatic labels of “lies” and “excuses” as common forms of metapragmatic dismissals that are supported by norms of court procedure, standards of evidence, and institutionalized discretion. This concept provides new insights into legal experiences in child welfare courts and, more generally, offers a valuable analytical framework for scholars who study the intersection of law, language, and power.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129156347","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

From the “Legal Culture of Slavery” to Black Legal Culture: Reimagining the Implications and Meanings of Black Litigiousness in Slavery and Freedom 从“奴隶制法律文化”到黑人法律文化:《奴隶制与自由》中黑人诉讼性的意蕴与意义再认识

Law & Social Inquiry Pub Date : 2023-07-24 DOI: 10.1017/lsi.2023.42

Myisha S. Eatmon

引用次数: 0

Judging Genocide: Emotional Labor During Transitional Justice 审判种族灭绝:过渡时期司法中的情绪劳动

Law & Social Inquiry Pub Date : 2023-07-24 DOI: 10.1017/lsi.2022.69

Hollie Nyseth Nzitatira, Evelyn A. Gertz, Christopher Uggen

引用次数: 0

Between Human Rights and Civil Society: The Case of Israel’s Apartheid Enablers 在人权与公民社会之间:以色列种族隔离推动者的案例

Law & Social Inquiry Pub Date : 2023-07-20 DOI: 10.1017/lsi.2023.41

Neve Gordon

{"title":"Between Human Rights and Civil Society: The Case of Israel’s Apartheid Enablers","authors":"Neve Gordon","doi":"10.1017/lsi.2023.41","DOIUrl":"https://doi.org/10.1017/lsi.2023.41","url":null,"abstract":"For decades, human rights organizations have exposed egregious abuses carried out by states across the globe. Yet, simultaneously, other national and transnational civil society actors have waged war on these human rights organizations to shield rights-abusive states from accountability. These assaults have increasingly resulted in the normative claims of human rights organizations being sidelined while rights-abusive laws and policies gain further ground. This article uses Israel as its primary case study to interrogate these civil society wars and their effects on human rights. Examining the work of Israeli and pro-Israeli civil society actors in bolstering apartheid and shielding the state from criticism, I highlight three strategies—native dispossession, lawfare, and advocacy—that civil society actors use to enable apartheid. I go on to show how these actors adopt liberal tactics to protect, reproduce, and facilitate apartheid and to attack human rights defenders. By way of conclusion, I argue that the dominant paradigm informing human rights NGOs needs to be modified and their remit needs to be extended to include civil society actors that contribute to the perpetuation of social wrongs.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127428586","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

With the Law or against the Law? A Qualitative Analysis of the Development and Outcomes of Legal Consciousness among Law-Abiding Firearms Owners 支持法律还是反对法律?守法枪支拥有者法律意识发展与结果的定性分析

Law & Social Inquiry Pub Date : 2023-07-13 DOI: 10.1017/lsi.2023.39

Zachary Miner

引用次数: 0

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