Law & Social Inquiry最新文献_第3页

Racialized Legalities: The Rule of Law, Race, and the Protection of Women in Britain’s Crown Colonies, 1886–1890 种族化的合法性:1886-1890年英国直辖殖民地的法律、种族和妇女保护

Law & Social Inquiry Pub Date : 2023-07-13 DOI: 10.1017/lsi.2023.38

J. Lee

{"title":"Racialized Legalities: The Rule of Law, Race, and the Protection of Women in Britain’s Crown Colonies, 1886–1890","authors":"J. Lee","doi":"10.1017/lsi.2023.38","DOIUrl":"https://doi.org/10.1017/lsi.2023.38","url":null,"abstract":"This article enquires into colonial officials’ invocations of the “rule of law” and the persistence of racial difference in the modern British Empire. To unravel this contradiction, I examine the debates over the freedom of women during the repeal of the Contagious Diseases ordinances in the directly ruled Crown Colonies of Hong Kong and the Straits Settlements (Singapore, Penang, and Malacca) between 1886 and 1890. Although the apparent purpose of these laws was the containment of venereal diseases, officials employed them to police prostitution and subject working-class, “native” women to medical surveillance. Despite the repeal of the Contagious Diseases ordinances across the empire, officials in both colonies continued to regulate prostitution in the name of native women’s freedom, invoking the rule of law. Through the historical ethnography of the rule of law, I demonstrate how the language of this ideal rendered an evocative frame of beneficence, legality, and protection against which officials articulated social difference in racialized, and intersectional, ways—what I call racialized legalities. In comparing the colonized in terms of racialized legalities, officials designed a differentiated sovereignty in determining the protections granted to native women. Expressing the cultural power of law, the rule of law was a constitutive myth.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121152551","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

Ideology and Historiographic License in Chinese Legal Scholarship 中国法律学术的意识形态与史学许可

Law & Social Inquiry Pub Date : 2023-07-13 DOI: 10.1017/lsi.2023.37

Samuli Seppänen

引用次数: 0

Taxation, Lactation, and Validation: The Symbolic Power of Tax Law to Legitimize Breast Milk Expression 税收、哺乳和验证:税法使母乳表达合法化的象征力量

Law & Social Inquiry Pub Date : 2023-07-10 DOI: 10.1017/lsi.2023.26

Elizabeth A. Hoffmann

引用次数: 0

Why Do In-State Plaintiffs Invoke Diversity Jurisdiction? 为什么州内原告援引多样性管辖权?

Law & Social Inquiry Pub Date : 2023-06-30 DOI: 10.1017/lsi.2023.32

S. Dodson

{"title":"Why Do In-State Plaintiffs Invoke Diversity Jurisdiction?","authors":"S. Dodson","doi":"10.1017/lsi.2023.32","DOIUrl":"https://doi.org/10.1017/lsi.2023.32","url":null,"abstract":"The traditional rationale of federal diversity jurisdiction is to protect out-of-state parties from the risk of an appearance of state-court bias in favor of an in-state adversary. Yet a strikingly high percentage—more than 50 percent—of original domestic-diversity cases are filed by in-state plaintiffs. Why these in-state plaintiffs invoke diversity jurisdiction is a question that has largely been ignored in the literature. Drawing on docket data and an original dataset based on responses to a survey sent to more than twelve thousand attorneys who represented in-state plaintiffs in domestic-diversity cases, I find that these plaintiffs can be grouped into roughly three categories. The first category is composed of tort cases, filed by individual plaintiffs against corporate defendants, that are eligible for consolidation with an existing federal multi-district litigation. The second category is composed of in-state corporate plaintiffs represented by attorneys who tend to represent defendants in federal court and who invoke diversity jurisdiction primarily based on perceptions of advantages of federal procedure, efficiencies and conveniences of federal practice, and superior quality of federal court. The third category is composed of in-state plaintiffs represented by attorneys who tend to represent plaintiffs in state court and who invoke diversity jurisdiction to preempt the defendant’s likely removal of the case. My findings offer grounds for reforming diversity jurisdiction in more tailored and nuanced ways than have previously been proposed.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122646081","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

Signing CEDAW and Women’s Rights: Human Rights Treaty Signature and Legal Mobilization 签署《消除对妇女歧视公约》与妇女权利:人权条约的签署和法律动员

Law & Social Inquiry Pub Date : 2023-06-28 DOI: 10.1017/lsi.2023.24

Audrey L. Comstock

引用次数: 0

Misrecognitions of Victimhood: Discretionary Power of Street-level Bureaucrats in Humanitarian Visas 对受害者身份的错误认识:人道主义签证中基层官僚的自由裁量权

Law & Social Inquiry Pub Date : 2023-06-26 DOI: 10.1017/lsi.2023.31

Ryan Goehrung, Rachel Castellano

{"title":"Misrecognitions of Victimhood: Discretionary Power of Street-level Bureaucrats in Humanitarian Visas","authors":"Ryan Goehrung, Rachel Castellano","doi":"10.1017/lsi.2023.31","DOIUrl":"https://doi.org/10.1017/lsi.2023.31","url":null,"abstract":"Humanitarian visas provide one of few potential pathways to citizenship for foreign nationals victimized within the United States and are an important aspect of immigration law. Yet one form of humanitarian visas—T nonimmigrant status (T visa)—has received scant attention in the socio-legal studies literature. “T visas” were designed to aid survivors of human trafficking and, though the US government estimates that tens of thousands of individuals are trafficked in the United States every year, only 15 percent of the five thousand T visas available annually have been granted since the program’s inception in 2002. Why are T visas such an underutilized form of immigration relief? Drawing on twenty in-depth interviews with immigration lawyers, law enforcement personnel, and non-governmental organization service providers routinely involved in T visa applications, we find that the low rate of applications and approvals is driven by a combination of structural barriers and expansive discretion of key actors in the legal process to interpret and apply the law, which results in a narrow and often misinformed construction of victimhood. We add to the literature on the discretionary power of street-level bureaucrats to shape the law and determine how it is applied with considerable consequences for survivors of trafficking.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125502951","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

Unlawful Intimacy: The Criminalization of Interracial Relationships in Progressive-Era Chicago 非法亲密:进步时代芝加哥跨种族关系的犯罪化

Law & Social Inquiry Pub Date : 2023-06-22 DOI: 10.1017/lsi.2023.29

K. Markey

{"title":"Unlawful Intimacy: The Criminalization of Interracial Relationships in Progressive-Era Chicago","authors":"K. Markey","doi":"10.1017/lsi.2023.29","DOIUrl":"https://doi.org/10.1017/lsi.2023.29","url":null,"abstract":"This article shows how Progressive-Era state actors in Chicago employed open-ended, low-level criminal charges directed at regulating the moral health of the community to criminalize interracial relationships—even though interracial marriage had been legal in Illinois since 1870. Capacious legal definitions of offenses like vagrancy, disorderly conduct, adultery, and fornication allowed police officers and judges to delineate moral and immoral relationships along racial lines. Using newspaper articles, writing from contemporary social reformers, and court reports, this article reconstructs the treatment of interracial couples in the Chicago legal system to show how discretion in criminal law can reinforce racial hierarchy. I offer three historical arguments: first, that individual arrests and prosecutions of interracial couples labeled lawful, interracial relationships as a form of unlawful “vice,” second, that large-scale raids on spaces for interracial socialization reinforced the criminality of interracial intimacy in a segregated city, and third, that singling out interracial couples allowed the state to exercise control through intrusive forms of punishment like probation and institutionalization.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128010284","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

The Making of Colonial and Postcolonial Law by South Asian Muslims 南亚穆斯林对殖民和后殖民法律的制定

Law & Social Inquiry Pub Date : 2023-06-19 DOI: 10.1017/lsi.2023.36

J. Redding

引用次数: 0

I Come before You a Changed Man: “Insight,” Compliance, and Refurbishing Penal Practice in California 我来到你面前，一个改变了的人:“洞察”，遵守，和翻新加州的刑罚实践

Law & Social Inquiry Pub Date : 2023-06-05 DOI: 10.1017/lsi.2023.20

Isaac Dalke

引用次数: 1

Necropolitical Law and the Justification of Violence in the War on Terror 死亡政治法与反恐战争中暴力的正当性

Law & Social Inquiry Pub Date : 2023-05-30 DOI: 10.1017/lsi.2023.28

E. Illas

{"title":"Necropolitical Law and the Justification of Violence in the War on Terror","authors":"E. Illas","doi":"10.1017/lsi.2023.28","DOIUrl":"https://doi.org/10.1017/lsi.2023.28","url":null,"abstract":"This superb study investigates one fundamental question: how does the United States legally justify the killing of people around the world in the battles of the war on terror? By analyzing a series of selected and signi ﬁ cant materials, Jothie Rajah shows how this process of justi ﬁ cation involves a complex interaction of codi ﬁ ed law and nonlegal texts, images, events, and perceptions. The validation of killing and of “ discounting life ” activates a system of “ necropolitical law ” that simultaneously de ﬁ nes a state operation, a legal process, a military strategy, a capitalist enterprise, the articulation of a salvi ﬁ c ideology, a quest for cultural hegemony, and a general form of neocolonial control. As a result of this combination of rationales, law is rede ﬁ ned “ as a compound and relational fabric, with violence and sovereign power inevitably part of the weave ” (5). This fabric expands beyond the conventional sphere of the law and is “ discernible in sovereign power ’ s plural, everyday, and embodied expressions ” (5). Rajah ’ s study is thus not a standard analysis of speci ﬁ c problems of the rule of law. Rather, she approaches necropolitical law as a type of “ cultural text ” (26) that describes the multiple discourses and relations tied in with the US war on terror.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115483168","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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