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Journal of Legal Anthropology最新文献

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Corporate Social Responsibility 企业社会责任
Journal of Legal Anthropology Pub Date : 2020-12-01 DOI: 10.3167/jla.2020.040207
E. Hertz
{"title":"Corporate Social Responsibility","authors":"E. Hertz","doi":"10.3167/jla.2020.040207","DOIUrl":"https://doi.org/10.3167/jla.2020.040207","url":null,"abstract":"‘The business of business is business,’ Milton Friedman, a leading figure of the Chicago School of economic thought, famously declaimed. In his 1970 article, ‘The Social Responsibility of Business Is to Increase Its Profits’, he argued that corporate managers who factor social and environmental considerations into their decision-making are, in effect, ‘imposing taxes . . . and deciding how the tax proceeds shall be spent’. By deviating from their organizational duties—maximizing profits for the companies that employ them—they are appropriating money owed to shareholders and allocating it to broader social causes, a function that resembles government. Friedman objects to this behavior not on economic or legal but on political grounds: managers have not been elected and there are no principled procedures for determining which causes to support beyond ‘general exhortations from on high’ (Friedman 1970: 17). He also expresses scepticism about ‘hypocritical window-dressing’, concluding: ‘our institutions, and the attitudes of the public make it in their self-interest to cloak their actions in this way’ (Friedman 1970: 17).","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79646687","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
Legal responsibility in an entangled world 纠缠世界中的法律责任
Journal of Legal Anthropology Pub Date : 2020-12-01 DOI: 10.3167/jla.2020.040201
J. Eckert, L. Knöpfel
{"title":"Legal responsibility in an entangled world","authors":"J. Eckert, L. Knöpfel","doi":"10.3167/jla.2020.040201","DOIUrl":"https://doi.org/10.3167/jla.2020.040201","url":null,"abstract":"Responsibility and accountability in entangled global relations are negotiated across jurisdictional boundaries, localities and scales of legality. In this special issue, we trace struggles for corporate accountability from extraction sites in Ecuador, Colombia and Peru to an abandoned asbestos factory in Italy. We enquire into the gap between the legal institutions which govern attributions of responsibility in procedural, tort and corporate laws, lived experiences of harm connected to transnational business activities and moral expectations of responsibility in global relations. In the struggles for justice discussed in this special issue, we detect potential ways of rethinking ascriptions of responsibility to reflect the deep entanglements of our economies.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"17 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88182105","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: 7
CSR Practices and the Political Corporation in Law 企业社会责任实践与法律上的政治公司
Journal of Legal Anthropology Pub Date : 2020-12-01 DOI: 10.3167/jla.2020.040209
Anna Beckers
{"title":"CSR Practices and the Political Corporation in Law","authors":"Anna Beckers","doi":"10.3167/jla.2020.040209","DOIUrl":"https://doi.org/10.3167/jla.2020.040209","url":null,"abstract":"In her article ‘Corporate Social Responsibility: The Great Shell Game’, Ellen Hertz suggests that there is an inherent danger of corporate social responsibility (CSR) to obscure the public/private divide. By means of strategically engaging with public interests, corporate CSR practices – that according to Hertz are practices deriving from the market – are able ‘to preempt and discredit attempts to define and carry out policies designed to protect the broader public interest’. CSR should be seen as ‘remediation at best’ that ideally needs to be replaced by ‘rules for business’ created by ‘the public’ and not those created by companies themselves.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"35 1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89004077","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 Role of Law in Corporate Accountability 法律在公司责任中的作用
Journal of Legal Anthropology Pub Date : 2020-12-01 DOI: 10.3167/jla.2020.040206
S. Kirsch
{"title":"The Role of Law in Corporate Accountability","authors":"S. Kirsch","doi":"10.3167/jla.2020.040206","DOIUrl":"https://doi.org/10.3167/jla.2020.040206","url":null,"abstract":"This special issue addresses the role of law in corporate accountability. Case studies reference people affected by asbestos in Italy, a coal company anticipating closure in Colombia, and both activists and human rights lawyers concerned with the impacts of mining in Ecuador. The afterword considers the significance of temporality in the law, including limits on retrospective claims and efforts to expand the prospective reach of both the law and state policy. It describes the perspectival character of the law in which the forum determines how the underlying facts are seen. It examines how responsibility, against a backdrop of distributed agency, is conceptualized by shortening or expanding chains of liability. It also points to the need for stronger connections between the anthropology of suffering and the discipline’s ethical turn. Finally, it suggests that the legal claims discussed here are aspirational in the sense of describing how the world ought to be.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"64 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86217059","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
Transnational Human Rights Litigation 跨国人权诉讼
Journal of Legal Anthropology Pub Date : 2020-12-01 DOI: 10.3167/jla.2020.040204
A. Lindt
{"title":"Transnational Human Rights Litigation","authors":"A. Lindt","doi":"10.3167/jla.2020.040204","DOIUrl":"https://doi.org/10.3167/jla.2020.040204","url":null,"abstract":"In recent years, various transnational corporations (TNCs) have faced legal proceedings in their home states for human rights violations and environmental damage committed abroad. These transnational lawsuits are an attempt to overcome corporate impunity and establish transnational chains of responsibility. At the same time, the individual legal cases are marked by procedural and legal hurdles and may entail the risk of social costs for claimants. In this article, I explore what such transnational lawsuits can contribute from the perspective of social movements in the Global South. Taking the Monterrico case from Peru as an example, I discuss the expectations of human rights lawyers in such cases and the relevant legal mechanisms. By focusing on out-of-court settlements, I argue that, from the perspective of the Global South actors involved in the case study, adjudication and the related judicial practices are fundamental to making the law effective.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"26 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84369956","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
CIDEM’s femicide archive and the process of gendered legal change in Bolivia CIDEM的杀害女性档案和玻利维亚性别法律变革的进程
Journal of Legal Anthropology Pub Date : 2020-06-01 DOI: 10.3167/jla.2020.070702
Xandra Miguel-Lorenzo
{"title":"CIDEM’s femicide archive and the process of gendered legal change in Bolivia","authors":"Xandra Miguel-Lorenzo","doi":"10.3167/jla.2020.070702","DOIUrl":"https://doi.org/10.3167/jla.2020.070702","url":null,"abstract":"This article analyses a spectacle, a wrestling match, that brings out the problem of violence against women and the role of activist organisations such as the Centro de Información y Desarrollo de la Mujer (CIDEM) to raise awareness among people and to influence the Bolivian state to change the gender of the law. In effect, it considers CIDEM’s vigilant role, by visualising cases of femicides in partnership with the press, is translated in wrestling matches. The article considers one such wrestling match I witnessed in El Alto, Bolivia, and argues that CIDEM’s vigilant role extends to overlooking and complementing the vigilant roles of the state and customary legal systems in El Alto that are unable to prevent femicides: women being killed by men because of their gender.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"75 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79256515","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
Looking for the child soldier 找那个童兵
Journal of Legal Anthropology Pub Date : 2020-06-01 DOI: 10.3167/jla.2020.070703
M. Jakšić
{"title":"Looking for the child soldier","authors":"M. Jakšić","doi":"10.3167/jla.2020.070703","DOIUrl":"https://doi.org/10.3167/jla.2020.070703","url":null,"abstract":"This article follows a criminal investigation for recruitment of child soldiers, by asking the following questions: how does one find child soldiers? How does one bring them onto the judicial stage? The article explores the different moments that marked the investigation by the Office of the Prosecutor in the first case brought before the International Criminal Court in The Hague, that of Thomas Lubanga Dyilo. After describing the successive stages of the investigation, the article analyses the conditions under which former child soldiers testified before the ICC. None of their nine testimonies was judged credible by the ICC Trial Chamber I. The different moments that marked these legal proceedings bring to light the instability of the category of child soldier and the uncertainty that regularly threatens the labour of judicial elucidation.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"42 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86883256","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
COVID-19 as method COVID-19作为方法
Journal of Legal Anthropology Pub Date : 2020-06-01 DOI: 10.3167/jla.2020.040106
Tridibesh Dey
{"title":"COVID-19 as method","authors":"Tridibesh Dey","doi":"10.3167/jla.2020.040106","DOIUrl":"https://doi.org/10.3167/jla.2020.040106","url":null,"abstract":"Events like the COVID-19 pandemic can become what Assa Doron and Robin Jeffrey have called ‘binding crises’: ‘events with the clarity and immediacy of a terrifying threat’ (2018: 12), impacting the rich and the poor, the powerful and the powerless – though unevenly. Binding crises of the past (like the 1842 Great Fire of Hamburg, the 1858 Great Stink in London and the 1896 Bombay plague) have led to ubiquitous reforms in sanitation and waste management practices, most notably landmark innovations in modern sewerage systems. In what follows, I draw on ethnographic research, conducted discontinuously over five years (2015–2019), around municipal solid waste management (MSWM), and the political ecology of informal plastic recycling in the city of Ahmedabad, India.1 I argue that the current pandemic may constitute such a binding event as freelance waste-collection networks are paralysed by the lockdown and ‘authorised’ modes of waste collection are prioritised, leading to a novel ‘infrastructuring’ of emerging relations between human bodies and wasted things.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"54 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74870687","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
Documents and the bureaucratisation of alternative dispute resolution in the United States 文件与美国替代性争议解决的官僚化
Journal of Legal Anthropology Pub Date : 2020-06-01 DOI: 10.3167/jla.2020.070701
A. Reinke
{"title":"Documents and the bureaucratisation of alternative dispute resolution in the United States","authors":"A. Reinke","doi":"10.3167/jla.2020.070701","DOIUrl":"https://doi.org/10.3167/jla.2020.070701","url":null,"abstract":"Documents are part of interactive sociocultural worlds in which ethnographers can analyse topics such as power relations, social struggle, violence and secrecy. While they emerge from bureaucratic administration, apparently mundane and stagnant documents represent dynamic processes of decision-making, knowledge production and exclusion. I consider ethnographic research on documents and their production as one that offers significant insights into bureaucratic violence and the tensions between formality and informality in alternative dispute resolution in Virginia and the San Francisco Bay Area. This article discusses working with documents that are simultaneously bound by law and exist extra-legally. While documents are used to gain economic support, strengthen relationships between non-profit and government bodies, and evidence ‘success’, the processes have difficulties. The data demonstrate that bureaucratisation has resulted in cumbersome processes and expensive requirements that mirror the exclusion and power asymmetries of formal law itself.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"27 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78153365","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
Exceptions and being human: Before and in times of COVID-19 例外和为人:在COVID-19之前和期间
Journal of Legal Anthropology Pub Date : 2020-06-01 DOI: 10.3167/jla.2020.040101
Narmala Halstead
{"title":"Exceptions and being human: Before and in times of COVID-19","authors":"Narmala Halstead","doi":"10.3167/jla.2020.040101","DOIUrl":"https://doi.org/10.3167/jla.2020.040101","url":null,"abstract":"As a much proclaimed ‘new normal’ accompanying the global pandemic, the suspension of certain rights to protect other rights returns our attention to notions of exceptions outside the law in terms of sovereign power and those hidden within the law, such as structurally embedded violations. The consent for the emergency rights accorded to the state to act for the greater protection and bio-survival of all occurs alongside certain contestations which also, in dramatic instances, include spaces for new protests against structural and physical violence on the person. The murder of George Floyd and the protests which followed signalled points of both convergence and dissonance in relation to the emergency rights of the state and the overlooking of other ‘less visible’ loss of rights.","PeriodicalId":34676,"journal":{"name":"Journal of Legal Anthropology","volume":"8 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79903989","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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