Law & Social Inquiry最新文献_第6页

“I’ve Had Cases That Have Gone in the Wrong Direction and That Has Affected Me”: A Qualitative Examination of Decision Making, Liminality, and the Emotional Aspects of Parole Work “我有一些案子走错了方向，这影响了我”:对假释工作的决策、阈限和情感方面的定性考察

Law & Social Inquiry Pub Date : 2023-02-28 DOI: 10.1017/lsi.2022.92

Katharina Maier, R. Ricciardelli, Mark Norman

{"title":"“I’ve Had Cases That Have Gone in the Wrong Direction and That Has Affected Me”: A Qualitative Examination of Decision Making, Liminality, and the Emotional Aspects of Parole Work","authors":"Katharina Maier, R. Ricciardelli, Mark Norman","doi":"10.1017/lsi.2022.92","DOIUrl":"https://doi.org/10.1017/lsi.2022.92","url":null,"abstract":"Parole officers are central actors in the penal system as their decisions can affect the timing of a person’s release from prison and also restrict or enable their freedoms in the community upon release. Existing research on parole examines how parole officers think about and govern ex-prisoners via techniques of surveillance, regulation, and support. Few studies, however, provide qualitative insight into how parole officers experience their occupational authorities and associated power over (ex)prisoners’ future, or the emotions generated by frontline supervision work. Using data from interviews with 150 parole officers in Canada, we explore the emotions associated with parole officers’ occupational responsibilities and authorities vis-à-vis the parolee, the public, and the parole officer’s employer. Participants experienced their duty to make decisions that impact their clients’ legal and social futures, and potentially public safety, as a source of emotional stress and concern, as they worried about how their decisions could negatively affect their client, the community, and their own professional status. In illuminating parole officers’ feelings and experiences, we show how parole—the “transition” between incarceration and freedom—produces an emotionally charged experience not just for (ex)prisoners, but also for those engaged in frontline supervision work.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"1 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":"128514381","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

A Battle of Ideas: Modes of Liability and Mass Atrocities 思想之战:责任模式与大规模暴行

Law & Social Inquiry Pub Date : 2023-01-24 DOI: 10.1017/lsi.2022.87

L. Minkova

{"title":"A Battle of Ideas: Modes of Liability and Mass Atrocities","authors":"L. Minkova","doi":"10.1017/lsi.2022.87","DOIUrl":"https://doi.org/10.1017/lsi.2022.87","url":null,"abstract":"International criminal law (ICL) is premised upon the principle of individual criminal responsibility—the idea that individual persons, rather than states or other entities, bear criminal responsibility for mass atrocities. This principle has been operationalized in practice through the development of various legal theories, technically known as “modes of liability,” that delineate individual contributions to collective forms of violence. However, the modes of liability have been interpreted and applied differently across international courts and tribunals. Crucially, the International Criminal Court has construed those modes in a significantly more restrained manner than previous international tribunals, essentially limiting the set of situations in which a person could be found guilty of an international crime. This article contributes to the interdisciplinary literature on international criminal justice by exploring the social construction of different conceptualizations of the modes of liability in ICL and their transformations over time. Specifically, the framework focuses on the promotion and contestation of ideas among various actors participating in the international criminal justice field and the power dynamics that govern the field. This is a key issue for ICL and global justice because it demarcates the legal boundaries of “guilt” and “accountability” for international crimes.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"176 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116389300","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 Should Courts Respond to Political Questions? Exploring the Dialogical Turn in the Supreme Court of Canada’s Federalism and Indigenous Case Law 法院应如何回应政治问题?探索加拿大最高法院联邦制与土著判例法的对话转向

Law & Social Inquiry Pub Date : 2023-01-24 DOI: 10.1017/lsi.2022.89

Minh Do, Robert Schertzer

{"title":"How Should Courts Respond to Political Questions? Exploring the Dialogical Turn in the Supreme Court of Canada’s Federalism and Indigenous Case Law","authors":"Minh Do, Robert Schertzer","doi":"10.1017/lsi.2022.89","DOIUrl":"https://doi.org/10.1017/lsi.2022.89","url":null,"abstract":"In this article, we: (1) advance a theory for how courts should respond to highly political disputes about jurisdictional authority, and (2) assess whether courts can achieve this ideal. Our theory draws from normative realism to argue that courts should push conflict back into the political realm whenever possible—facilitating free and fair dialogue by outlining rules and principles to guide negotiations, while also rejecting zero-sum outcomes when enforcing jurisdictional powers and related rights. We favor this approach because it can generate legitimacy for the legal and political systems by recognizing the judiciary’s limited democratic standing in structural disputes. To ground this argument in actual practice, we assess how the Supreme Court of Canada has managed two streams of highly political jurisprudence related to jurisdictional authority—federalism and Aboriginal rights cases. We show that the Court has increasingly relied on this approach of facilitating dialogue in both areas. While we argue that this approach is particularly well suited to federalism cases, our analysis uncovers negative outcomes in Indigenous case law. The Court’s approach often fails to strongly enforce the constitutional rights of Indigenous peoples, demonstrating that its facilitator role does not adequality account for the power imbalances between the state and Indigenous peoples.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117128303","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

State-Sponsored Activism: How China’s Law Reforms Impact NGOs’ Legal Practice 国家支持的行动主义:中国法律改革如何影响非政府组织的法律实践

Law & Social Inquiry Pub Date : 2023-01-12 DOI: 10.1017/lsi.2022.75

Yueduan Wang, Ying Xia

引用次数: 0

Analyzing Contracts: State of the Field, Mixed-Methods Guiding Steps, and an Illustrative Example 分析合同:领域现状、混合方法指导步骤和一个说明性例子

Law & Social Inquiry Pub Date : 2023-01-06 DOI: 10.1017/lsi.2022.82

Karra Greenberg, Evgenia Jane Kitaevich, Siddharth Chaudhari, A. Kirkland

{"title":"Analyzing Contracts: State of the Field, Mixed-Methods Guiding Steps, and an Illustrative Example","authors":"Karra Greenberg, Evgenia Jane Kitaevich, Siddharth Chaudhari, A. Kirkland","doi":"10.1017/lsi.2022.82","DOIUrl":"https://doi.org/10.1017/lsi.2022.82","url":null,"abstract":"Contracts are the underpinning of functional business, governmental, organizational, and inter-personal relations across the developed world. It is a methodological advance for contractual research scholars to transform qualitative contractual information into quantitative data to analyze if, how, and why the law is reflected and reproduced in contracts—potentially explaining the continuation or amelioration of social injustices—and/or if contractual content informs human behavior or vice versa. However, efforts to “quantitize” contracts and statistically study them are scattered across subfields without much methodological guidance. The linguistic complexity of many legal contacts, paired with few repositories, makes their comparative quantitative analysis challenging. Prior attempts to quantitatively analyze contracts often lack shared systematic methods for measuring specified textual content, transforming this information into a quantitative format, or statistically analyzing the produced data set. This article presents the power and promise of transforming legal contracts and other similar documents into quantitative data for analysis, reviews the research to date that does so in different ways, and then provides concrete guiding steps and an illustrative example of how to transform contractual content into quantitative data that are valid, reliable, and reproducible, increasing the quality of the data produced and supporting the important socio-legal conclusions that can be derived from their analysis.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122970003","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

Wrongfully Convicted and in Lock-Up: Understanding Innocence and the Development of Legal Consciousness behind Prison Walls 错判与监禁:了解监狱墙后的无罪与法律意识的发展

Law & Social Inquiry Pub Date : 2023-01-06 DOI: 10.1017/lsi.2022.76

Reyna I. Hernandez

{"title":"Wrongfully Convicted and in Lock-Up: Understanding Innocence and the Development of Legal Consciousness behind Prison Walls","authors":"Reyna I. Hernandez","doi":"10.1017/lsi.2022.76","DOIUrl":"https://doi.org/10.1017/lsi.2022.76","url":null,"abstract":"Scholars studying wrongful convictions have long examined their causes and the ways in which to prevent them and are increasingly interested in exonerees’ post-prison reentry processes. However, research on the experience of incarceration as a result of wrongful conviction is scarce. This article draws on in-depth interviews with eleven exonerees across three states (Illinois, Texas, and New York) to theorize how multiple facets of innocence (personal, relational, and institutional) shape the ways in which former prisoners have navigated their wrongful incarceration: learning to prove their innocence. For many wrongfully convicted inmates, acquiring legal knowledge and mobilizing post-conviction law—specifically, actual innocence jurisprudence—plays a central role in their daily lives given the onerous legal work it takes to prove their factual innocence. I advance what Kathryne M. Young has termed second-order legal consciousness, which prioritizes the social processes that create legal consciousness, as a framework to illuminate how wrongfully convicted inmates constructed legality when pursuing legal exoneration in prison. This article offers new insights into the relational nature of law to show how marginalized groups like prisoners mobilize law when pursuing their rights and allows us to theorize innocence in contexts where the state and society writ large have ascribed a person’s legal guilt.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127829013","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 Ancestral Line is through the Father”: The Gendered Production of Statelessness in Rural Myanmar “祖先的血统是通过父亲”:缅甸农村无国籍状态的性别生产

Law & Social Inquiry Pub Date : 2023-01-03 DOI: 10.1017/lsi.2022.74

Erin L. McAuliffe

{"title":"“The Ancestral Line is through the Father”: The Gendered Production of Statelessness in Rural Myanmar","authors":"Erin L. McAuliffe","doi":"10.1017/lsi.2022.74","DOIUrl":"https://doi.org/10.1017/lsi.2022.74","url":null,"abstract":"Myanmar’s citizenship law is stratified by ethnic membership, but, on the books, it is gender neutral. Much attention has therefore focused on ethnic discrimination codified in the law. But individuals whose ethnic identities should provide them with a legitimate claim to citizenship continue to face barriers. Why is this the case? This article examines the additional obstacles that women face legitimating their ethno-national membership and conferring citizenship on their children, despite the gender neutrality of the citizenship law. I argue that the patriarchal structure of evidentiary documentation and patrilineal understandings of ethnic membership transmission shared by village leaders operating as key gatekeepers influence which parent’s claim—father’s or mother’s—to taingyintha (Indigenous or national ethnicity) membership can strengthen or weaken an individual’s chances of obtaining citizenship. The ethno-national identity of women is not evaluated equally to that of men, challenging women’s ability to capitalize on their taingyintha identity for citizenship purposes and contributing to the reproduction of statelessness across generations. I focus on this intersection of gender and ethnicity in establishing ethno-national membership and citizenship across variation in regional geopolitical environments to expand socio-legal knowledge on how formal and informal discrimination together exacerbate inequalities beyond the letter of the law.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114196926","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

Rights Constitutionalism and the Challenge of Belonging: An Empirical Inquiry into the Israeli Case 权利宪政与归属感的挑战:对以色列案例的实证考察

Law & Social Inquiry Pub Date : 2022-12-15 DOI: 10.1017/lsi.2022.40

D. Alexander

{"title":"Rights Constitutionalism and the Challenge of Belonging: An Empirical Inquiry into the Israeli Case","authors":"D. Alexander","doi":"10.1017/lsi.2022.40","DOIUrl":"https://doi.org/10.1017/lsi.2022.40","url":null,"abstract":"Rights constitutionalism faces a global crisis of legitimacy, and recent years have seen a surge in scholarship on the crisis. The vast majority of analyses focus on broad structural factors and processes. This article takes a different approach: sociological and bottom up. I use qualitative discourse analysis to examine how social actors in Israel justified their antagonism toward rights constitutionalism in three cases where judicial intervention for human rights encountered exceptional public opposition and political backlash. The analysis reveals that social actors used discourses of belonging—both liberal and non-liberal—to challenge rights constitutionalism as a constraint on democratic politics, when they perceived rights protection as conflicting with or undervaluing boundaries of collective identity. Based on these findings, I introduce a new concept—the challenge of belonging—that expresses the normative tension between individual rights and collective belonging. By highlighting the ethical dimension of social opposition to rights constitutionalism, the sociological approach allows a nuanced understanding of such opposition. The challenge of belonging can account for mixed attitudes in the same polity and even in the same social group on rights-oriented judicial intervention, and it points to a common normative thread linking attacks on liberal constitutionalism in vastly different sociopolitical settings.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127514632","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

Degradation or Redemption? A Parole Board Polices a Moral Boundary 堕落还是救赎?假释委员会管理道德界限

Law & Social Inquiry Pub Date : 2022-12-12 DOI: 10.1017/lsi.2022.27

S. Herbert

引用次数: 2

Homeless Group Representation in Detroit’s Problem-Solving Court 无家可归者在底特律问题解决法庭的代表

Law & Social Inquiry Pub Date : 2022-12-02 DOI: 10.1017/lsi.2022.68

Lara Rusch, Francine Banner

{"title":"Homeless Group Representation in Detroit’s Problem-Solving Court","authors":"Lara Rusch, Francine Banner","doi":"10.1017/lsi.2022.68","DOIUrl":"https://doi.org/10.1017/lsi.2022.68","url":null,"abstract":"The proliferation of problem-solving courts reflects a growing recognition that traditional punitive institutions tend to perpetuate cycles of poverty. Problem-solving courts expand the types of knowledge and resources available to court actors to help them address clients’ basic needs, provide ongoing support, and reduce recidivism. But the same qualities that enable judicial flexibility and collaboration can also undermine court goals, affecting the ability of court actors to understand the needs of indigent clients and resolve outstanding legal issues. This article analyzes the role of a social action membership organization in establishing Detroit’s homeless court. Our findings document how the group’s involvement influenced the court in procedure and substance and created space for negotiations that foreground clients’ self-defined needs. Collaboration shaped how defense attorneys thought about the purpose of the court and what they advocated for when meeting with judges and prosecutors on topics such as court accessibility, client sense of safety, and (in)ability to pay. These findings suggest the importance of having those most affected involved in the earliest stages of court creation to access procedural representation. We also consider administrative barriers to establishing a homeless court model within district courts.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114716216","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

Law &amp; Social Inquiry最新文献

Law & Social Inquiry最新文献