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Law & Social Inquiry最新文献

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Conscience and Convenience: How Social Workers Pursue Rehabilitation in Chinese Community Corrections 良心与便利:中国社区矫正中社会工作者如何追求康复
Law & Social Inquiry Pub Date : 2023-04-13 DOI: 10.1017/lsi.2023.16
Jize Jiang, Xuan Chen
{"title":"Conscience and Convenience: How Social Workers Pursue Rehabilitation in Chinese Community Corrections","authors":"Jize Jiang, Xuan Chen","doi":"10.1017/lsi.2023.16","DOIUrl":"https://doi.org/10.1017/lsi.2023.16","url":null,"abstract":"The establishment of community corrections in China marks a restructuring of the Chinese penal field and a possibly differentiated arrangement of penal power. Social forces and community actors are now enabled and encouraged to participate in penal affairs and to share devolutionary penal power with the authoritarian state. Yet little research attention has been allotted to examine how these burgeoning social organizations, professional service providers, and community actors manage their participation in rehabilitative work and negotiate their rehabilitative aspirations with state ideologies and policy mandates as they work within Chinese community corrections (CCC). Drawing on observational data and in-depth interviews with social workers within CCC, we show the ways in which social workers actively create strategies to pursue their professional values of service and implement rehabilitative ideals and caring ethos while, at the same time, minimizing the risk of challenging state authority and jeopardizing penal policy priorities. Three devised approaches are presented, and their implications are discussed.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130416057","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 Anthropocene in Law and Society Research 法律与社会研究中的人类世
Law & Social Inquiry Pub Date : 2023-04-11 DOI: 10.1017/lsi.2023.9
Mariana Valverde
{"title":"The Anthropocene in Law and Society Research","authors":"Mariana Valverde","doi":"10.1017/lsi.2023.9","DOIUrl":"https://doi.org/10.1017/lsi.2023.9","url":null,"abstract":"","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129840701","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
Violence against Women and Specialized Justice in Guatemala: Advances and Limitations 危地马拉的暴力侵害妇女行为和专门司法:进展与局限
Law & Social Inquiry Pub Date : 2023-04-04 DOI: 10.1017/lsi.2022.110
Erin Beck
{"title":"Violence against Women and Specialized Justice in Guatemala: Advances and Limitations","authors":"Erin Beck","doi":"10.1017/lsi.2022.110","DOIUrl":"https://doi.org/10.1017/lsi.2022.110","url":null,"abstract":"This article provides the first detailed account of the structure, functioning, and impact of Guatemala’s Femicide and Other Forms of Violence against Women Criminal Courts. I assess the achievements and limitations of these courts from two views: a bird’s eye view, which explores how cases proceed through these specialized courts, and an insiders’ view, which explores the perspectives and practices of their judges. Combined, these views demonstrate that judges’ personal commitments and the courts’ institutional frameworks benefit the minority of women whose cases are heard in them but that these benefits are undercut by the broader social and institutional contexts in which judges and courts operate. This can be seen both in a panoramic view that reveals key locations where cases involving violence against women and girls stall in the judicial process and also through judges’ critiques of the systems in which they are embedded. Both views provide insights that should guide policy makers and activists seeking to better fulfill the promise of these courts.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115114508","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
Legibility and Burden: Representing Immigrants’ Winnable Claims to Humanitarian Status 易读性与负担:代表移民对人道主义地位的可赢诉求
Law & Social Inquiry Pub Date : 2023-04-03 DOI: 10.1017/lsi.2022.104
Lilly Yu
{"title":"Legibility and Burden: Representing Immigrants’ Winnable Claims to Humanitarian Status","authors":"Lilly Yu","doi":"10.1017/lsi.2022.104","DOIUrl":"https://doi.org/10.1017/lsi.2022.104","url":null,"abstract":"In the United States, legal representation increases the likelihood that undocumented immigrants win legal claims. Yet private attorneys are expensive, and free and low-cost attorneys are scarce. How do legal services providers make representation decisions when demand outweighs capacity? Drawing on interviews with attorneys in thirty-eight nonprofit organizations who represent affirmative, humanitarian status seekers, this article describes how lawyers face pressure to represent winnable cases. Attorneys assess case winnability in two ways. First, attorneys aim to maximize clients’ cultural legibility as “deserving immigrant victims.” Simultaneously, attorneys aim to minimize case representation burden by considering the time, resources, and expertise needed to represent each claim. Attorneys assess both cultural legibility and case burden at every stage of the representation process (client selection, attorney assignment, relief pursual, and application production). In doing so, attorneys try to represent clients as the most deserving of status and in the most efficient way. These findings extend past research on attorneys’ selection processes that occur well before a client’s application is filed with the federal immigration bureaucracy. By highlighting how attorneys’ constrained decisions exacerbate legal stratification, these findings complicate calls for an immigrant legal inclusion strategy that depends on the labor of attorneys rather than on changes to the state’s demands on immigrants themselves.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"554 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122217685","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
Strategic Adaptation in a Crisis: Treatment Court Responses to COVID-19 危机中的战略适应:治疗法院应对COVID-19
Law & Social Inquiry Pub Date : 2023-03-30 DOI: 10.1017/lsi.2022.93
J. Rowen
{"title":"Strategic Adaptation in a Crisis: Treatment Court Responses to COVID-19","authors":"J. Rowen","doi":"10.1017/lsi.2022.93","DOIUrl":"https://doi.org/10.1017/lsi.2022.93","url":null,"abstract":"This article draws on a case study of how Massachusetts treatment courts responded to the COVID-19 pandemic to address two intersecting theoretical and policy questions: (1) How do actors who work within criminal legal organizations use the law to solve complex social and political problems? (2) How do organizations working within multiple, fragmented organizational fields respond to an exogenous shock? The findings draw on interviews with eighty-four treatment court judges and practitioners and build from neo-institutional approaches to the study of courts to show that legal actors and organizations pursue pragmatic approaches, strategically adapting to their external environments through buffering, which is protective, and innovation, which is transformative. Each strategy reflects the courts’ autonomy or dependence on other organizations in the criminal legal and social service fields. The findings also provide insight into the social process of legitimation as personnel aligned beliefs with adaptation strategies, shifting understandings of surveillance practices and the utility of sanctions to meet overall court goals.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128817245","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: 1
The Lure of the Law for the Formerly Convicted: Pursuing the Legal Profession as a Resistance Strategy 法律对前科者的诱惑:追求法律职业作为一种抵抗策略
Law & Social Inquiry Pub Date : 2023-03-27 DOI: 10.1017/lsi.2022.97
M. Denver, James M. Binnall
{"title":"The Lure of the Law for the Formerly Convicted: Pursuing the Legal Profession as a Resistance Strategy","authors":"M. Denver, James M. Binnall","doi":"10.1017/lsi.2022.97","DOIUrl":"https://doi.org/10.1017/lsi.2022.97","url":null,"abstract":"Despite prior negative experiences with the law and licensure barriers, individuals with conviction histories are increasingly seeking entry into the legal profession. To understand their unique educational journeys from a joint stigma and legal consciousness perspective, we conducted in-depth interviews with prospective, current, and former law students with criminal convictions. Findings reveal that early disadvantage and subsequent system involvement provided them with valuable insights into their place in the carceral system. This realization prompted empathy for similarly situated others, a desire to pursue social justice reform, and the deliberate choice to access the power of law to that end. Thus, rather than averting people from the profession, a conviction history can serve as a driving force for pursuing a career in law.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125876995","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
Representing Disability in Tort Litigation: An Empirical Analysis of Judicial Discourse (1998–2018) 侵权诉讼中的残疾代表:司法话语的实证分析(1998-2018)
Law & Social Inquiry Pub Date : 2023-03-22 DOI: 10.1017/lsi.2022.81
Sagit Mor, Rina B. Pikkel, Havi Inbar Lankry
{"title":"Representing Disability in Tort Litigation: An Empirical Analysis of Judicial Discourse (1998–2018)","authors":"Sagit Mor, Rina B. Pikkel, Havi Inbar Lankry","doi":"10.1017/lsi.2022.81","DOIUrl":"https://doi.org/10.1017/lsi.2022.81","url":null,"abstract":"This study empirically examines whether and how the introduction of disability rights impacted the portrayal of disability in personal injury court decisions in Israel and offers a method for doing such research in other legal realms and contexts. We conducted a quantitative content analysis of Israeli district court judicial rulings over twenty years to measure whether a discursive shift occurred from a medical-individual view of disability to a social constructionist and a rights-based understanding of disability. Our coding system included descriptive and conceptual indicators, forming two indexes: a conventional index and a progressive index. Our findings reveal a steady dominance of the conventional discourse and a gradual yet limited rise in progressive discourse. Moreover, individual court decisions often manifest both types of discourse but are still dominated by a conventional view of disability and rarely apply direct disability rights terminology. These findings provide pioneering empirical evidence that substantiates the disability critique of tort law, demonstrating that judicial decision making is slow to adopt a disability rights perspective. More broadly, our findings show that the infusion of a disability rights orientation does not necessarily replace the older medical-individual view of disability but adds to it, resulting in a mixed discourse that includes both conventional and progressive elements.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124332372","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
Exploring Back-end Sentencing: A Study of Predictors of Parole Revocation through a Focal Concerns Theoretical Framework 后判探析:基于焦点关注理论框架的假释撤销预测因素研究
Law & Social Inquiry Pub Date : 2023-03-06 DOI: 10.1017/lsi.2022.85
Jordan M. Hyatt, Michael Ostermann
{"title":"Exploring Back-end Sentencing: A Study of Predictors of Parole Revocation through a Focal Concerns Theoretical Framework","authors":"Jordan M. Hyatt, Michael Ostermann","doi":"10.1017/lsi.2022.85","DOIUrl":"https://doi.org/10.1017/lsi.2022.85","url":null,"abstract":"Parole revocation, the process of returning individuals to incarceration due to non-compliance with conditions of community supervision, contributes to mass incarceration and is tied to the complex process of back-end sentencing. This discretionary decision is typically opaque, and theoretical understanding is limited. Applying the focal concerns framework, this study employs population-level data from an American jurisdiction on individuals who are on parole and have violated their supervision (n = 13,121). We found that practical, extralegal considerations such as the amount of time left on parole, the number of programs geared toward people on parole, and whether they participated in community programs after release from prison significantly influenced back-end sentencing. These results question the assumed relationship between individual-level and systemic factors during revocations while also providing empirical support for broadening the scope of theoretically relevant domains.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121672839","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
Broadening the Lens of Procedural Justice Beyond the Courtroom: A Case Study of Legal Financial Obligations in the Juvenile Court 将程序正义的视野扩展到法庭之外:以少年法庭的法定财务义务为例
Law & Social Inquiry Pub Date : 2023-03-06 DOI: 10.1017/lsi.2022.77
Leslie Paik, Chiara C. Packard
{"title":"Broadening the Lens of Procedural Justice Beyond the Courtroom: A Case Study of Legal Financial Obligations in the Juvenile Court","authors":"Leslie Paik, Chiara C. Packard","doi":"10.1017/lsi.2022.77","DOIUrl":"https://doi.org/10.1017/lsi.2022.77","url":null,"abstract":"Procedural justice research has shown how people’s experiences with courtroom actors, such as judges, defense attorneys, and prosecutors, shape their views of the justice system and its legitimacy. However, less is known about how people’s experiences outside the courtroom that relate to their cases shape their views of this system. Based on forty-one interviews with twenty-one youths and twenty parents in Dane County, Wisconsin about their legal financial obligations (also known as monetary sanctions), this study broadens the focus of procedural justice to include another key aspect to people’s experiences with the law beyond the courtroom: their experiences navigating bureaucratic aspects to their youths’ cases and their interactions with non-court staff (e.g., clerks, Human Services, and community agencies), otherwise known as “auxiliary personnel” (Feeley 1979) or “street-level bureaucrats” (Lipsky 2010/1980). We focus on legal financial obligations as a case study to show this multi-agency view of procedural justice as it reveals the families’ often disjointed experiences with justice staff both inside and outside of the courtroom.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128664479","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: 2
The Process of Legal Institutionalization: How Privacy Jurisprudence Turned towards the US Constitution and the American State 法律制度化的过程:隐私法学如何转向美国宪法和美国州
Law & Social Inquiry Pub Date : 2023-02-28 DOI: 10.1017/lsi.2022.66
Martin Eiermann
{"title":"The Process of Legal Institutionalization: How Privacy Jurisprudence Turned towards the US Constitution and the American State","authors":"Martin Eiermann","doi":"10.1017/lsi.2022.66","DOIUrl":"https://doi.org/10.1017/lsi.2022.66","url":null,"abstract":"During the twentieth century, privacy evolved from an ambiguous legal idea into a defined state-centric right, while privacy claims against non-state entities became more marginalized. Whereas prior studies treat this as the direct outcome of cultural shifts or landmark interventions by legal elites, I document legal institutionalization as a three-stage process of domain formation and meaning making. Using a combination of citation network analysis and qualitative research, I show that the concept of privacy first entered the legal field when journalists raised concerns about the unauthorized use and commodification of personal data; that US jurisprudence produced two competing schools of legal thought as judges and legal scholars struggled to give substance to an abstract concept and structure to an evolving domain of judicial practice; and that privacy was consecrated as a constitutional right when state courts and the US Supreme Court selectively mobilized the language of privacy to confront the expanding reach of the American state. These findings demonstrate the processual nature of legal institutionalization, draw attention to intra-legal contestation and the implicit pluralism of American jurisprudence, and highlight an emerging distinction between the legal regimes governing bureaucratic rule and market exchanges in the early twentieth century.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114351127","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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