Law & Social Inquiry最新文献_第7页

The States of Inequality: Methods for Mapping Legal Pluralism in Reproductive Autonomy 不平等的状态:生育自治中法律多元主义的映射方法

Law & Social Inquiry Pub Date : 2022-11-22 DOI: 10.1017/lsi.2022.61

Amber B. Vayo

{"title":"The States of Inequality: Methods for Mapping Legal Pluralism in Reproductive Autonomy","authors":"Amber B. Vayo","doi":"10.1017/lsi.2022.61","DOIUrl":"https://doi.org/10.1017/lsi.2022.61","url":null,"abstract":"The field of public health law has been honing important transdisciplinary methods such as legal epidemiology and legal mapping. These methods can and should be integrated into socio-legal studies because they provide us with a way to capture the legal elements of interlocking power structures, offer ways to meaningfully compare and predict what access to rights will look like across jurisdictions, and capture a new way to study legal pluralism across and within jurisdictions. To illustrate the benefit of such methods for studying legal pluralism, this article offers the State Reproductive Autonomy Index, which compares all fifty states on seventy-five variables. Modeled on legal epidemiology’s survey of multiple types of law, including laws that can be classified as infrastructural (laying the institutional or policy parameters), interventionist (specifically targeted to produce a result), and incidental (distally related, not intentionally), this method integrates the work of reproductive justice scholars with the work on legal pluralism to illustrate the vast inequalities in access to reproductive autonomy across the United States. The State Reproductive Autonomy Index also shows why reproductive justice, rather than reproductive rights discourse, is a more accurate frame for understanding laws relating to reproduction and bodily autonomy.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124129012","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

“It Is Here We Are Loved”: Rural Place Attachment in Active Judging and Access to Justice “我们在这里被爱”:积极审判和诉诸司法中的农村地方依恋

Law & Social Inquiry Pub Date : 2022-11-22 DOI: 10.1017/lsi.2022.73

M. Statz

{"title":"“It Is Here We Are Loved”: Rural Place Attachment in Active Judging and Access to Justice","authors":"M. Statz","doi":"10.1017/lsi.2022.73","DOIUrl":"https://doi.org/10.1017/lsi.2022.73","url":null,"abstract":"In the United States, rural economic marginalization and corresponding gaps in employment, affordable housing, health care, nutrition, and education put individuals at high risk for legal need. Yet many rural regions are “legal deserts” with few, if any, attorneys, and prevailing access-to-justice initiatives tend to neglect the unique challenges posed by rurality. The efforts of rural tribal and state court judges, though often overlooked in scholarship and policy, offer a compelling response to this inequitable access-to-justice context. Building on emergent work on “active judging,” or when judges step away from a traditional passive role to assist unrepresented parties, this manuscript explores how rural place and place attachments shape diverse judges’ interactions with litigants. It draws on mixed-methodological research across seven tribal and state courts in the upper Midwest to shed light on rural judges’ efforts, how these efforts are regarded by unrepresented parties, and to what extent a shared experience of rurality provides a meaningful form of “access.” In so doing, it offers a novel spatial intervention in scholarship on access to justice and active judging and contributes to more rurally relevant justice practices.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125487402","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

Justice Sites and the Fight against Atrocity Crimes 司法网站和打击暴行犯罪

Law & Social Inquiry Pub Date : 2022-11-15 DOI: 10.1017/lsi.2022.46

M. Christensen

{"title":"Justice Sites and the Fight against Atrocity Crimes","authors":"M. Christensen","doi":"10.1017/lsi.2022.46","DOIUrl":"https://doi.org/10.1017/lsi.2022.46","url":null,"abstract":"This article develops a new conceptual framework designed to critically study how locality and transversal power relations structure activity and developments in the global field of international criminal justice. The framework is built around the concept of “justice sites,” defined as localities in which organized and social labor—in this case, working with international criminal justice—takes place. The potential effects of social labor performed in specific sites of justice are structured partly by their locality and the resources to which it gives access and partly by their structural position in wider transversal chains of cooperation and competition that cut across different globalized and national fields. In addition to structuring the connections between justice sites, transversal power relations link sites of justice to “practice sites” embedded in other fields in which localized, social labor is not routinely engaged with international criminal justice. Such linkages demonstrate how the framework, developed to study how locality and transversal relations shape the fight against atrocity crimes, can also be used to investigate sites engaged in and across other globalized and national fields of justice, law, governance, and security.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127581931","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 Differential Use of Litigation by NGOs: A Case Study on Antidiscrimination Legal Mobilization in Belgium 非政府组织诉讼的差异运用:以比利时反歧视法律动员为例

Law & Social Inquiry Pub Date : 2022-11-14 DOI: 10.1017/lsi.2022.54

A. Lejeune, J. Ringelheim

引用次数: 1

The New Politics of Judicial Appointments in Southern Africa 南部非洲司法任命的新政治

Law & Social Inquiry Pub Date : 2022-09-20 DOI: 10.1017/lsi.2022.47

P. Brett

{"title":"The New Politics of Judicial Appointments in Southern Africa","authors":"P. Brett","doi":"10.1017/lsi.2022.47","DOIUrl":"https://doi.org/10.1017/lsi.2022.47","url":null,"abstract":"Political scientists analyze the global rise of judicial appointment commissions as a response to judicialized politics. They argue that appointment processes have formalized to include more constituencies now affected by judicial decisions. This article presents evidence from Southern Africa confounding their expectations. In this region, formalization has social as well as political origins. Over the last two decades, the senior judiciary has suddenly become subject to the same demands for organizational accountability and descriptive representation that sociologists of other professions have been documenting for decades. Throughout the region, therefore, it has become increasingly difficult to defend opaque practices inherited from British (and South African) colonialism. Twenty years ago, Namibia, Botswana, Lesotho, and Swaziland/Eswatini all recruited most appellate judges from abroad through informal channels. In every country, this system has come under pressure from a variety of local sources. Yet those demanding reform have always been able to mobilize new international orthodoxies that require the judiciary to represent its society and make itself accountable to profane, external audiences. These new orthodoxies have acquired an unusual power in Southern Africa thanks to their embodiment in South Africa’s own post-apartheid transition, and long-standing moral imperatives to “localize” senior expatriate positions in postcolonial states.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127050151","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

Undignified Jurispathy: Muslim Family Law at Ghanaian Courts 有失尊严的法学:加纳法院的穆斯林家庭法

Law & Social Inquiry Pub Date : 2022-09-12 DOI: 10.1017/lsi.2022.29

Y. Sezgin

{"title":"Undignified Jurispathy: Muslim Family Law at Ghanaian Courts","authors":"Y. Sezgin","doi":"10.1017/lsi.2022.29","DOIUrl":"https://doi.org/10.1017/lsi.2022.29","url":null,"abstract":"Ghana has inherited colonial legislation that recognizes and regulates the consequences of Muslim family law (MFL). However, in practice, courts almost never recognize the normative existence of MFL and systematically dismiss the cases on procedural grounds without discussing their merits. What explains the judiciary’s attitudes toward Islamic law? Why do Ghanaian courts refuse to engage with MFL in substantive terms? How does this judicial policy affect Ghana’s pluri-legal system and its multireligious democracy? Drawing on Robert Cover’s insights and concepts from “Nomos and Narrative,” the present article suggests that Ghanaian courts engage in “undignified” jurispathy against Islamic law. Having inherited the colonial narrative that Islamic law is not a native law of the land, the judiciary destroys the legal meanings built around Islamic law without discussing what is at stake. This perpetuates normative tensions between the state and Muslim groups, undermines the rule of law, and erodes public trust in democratic institutions. Utilizing the theoretical and empirical insights drawn from the Ghanaian case, the article urges scholars to expand the scope of their inquiries to include instances of undignified jurispathy to better understand state-religion relations and constitutional debates in pluri-legal societies.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129058418","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

When Lore Leads to More: Constitutional Amendments and Interpretation in Mexico 1917-2020 当爱带来更多:墨西哥1917-2020年的宪法修正案和解释

Law & Social Inquiry Pub Date : 2022-09-02 DOI: 10.1017/lsi.2022.35

Andrea Pozas-Loyo, Camilo Saavedra-Herrera, Francisca Pou-Giménez

{"title":"When Lore Leads to More: Constitutional Amendments and Interpretation in Mexico 1917-2020","authors":"Andrea Pozas-Loyo, Camilo Saavedra-Herrera, Francisca Pou-Giménez","doi":"10.1017/lsi.2022.35","DOIUrl":"https://doi.org/10.1017/lsi.2022.35","url":null,"abstract":"Mexico’s 1917 Constitution has gone through 737 reforms; no other codified constitution has been subjected to such a constant pattern of renewal through amendment. We argue that the study of Mexican patterns offers important theoretical insights for the study of constitutional change by calling into question the generalizability of the thesis—articulated by Donald Lutz and currently endorsed by most specialists in the field—according to which amendment and interpretation are substitute means of constitutional updating. Based on two original data sets containing all constitutional amendments and all Supreme Court precedents on constitutional matters from 1917 to 2020, we find that in Mexico hyper-reformism is correlated to a steep increase in the number and diversity of binding constitutional precedents. Quantitative and qualitative analysis shows that these precedents not only apply the Constitution, but substantively revise it, suggesting that, in Mexico, amendment and interpretation are not alternative but complementary channels of constitutional change. Our account suggests that, in Mexico, hyper-reformism has actually led to innovative constitutional interpretation as a mechanism to cope with its effects. Finally, we discuss the theoretical and comparative insights this case offers for better understanding the nature, causes, and effects of the different modalities of constitutional change.","PeriodicalId":168157,"journal":{"name":"Law & Social Inquiry","volume":"82 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121626674","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

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