International Journal of Law in Context最新文献_第8页

Politicised Bureaucrats: Conflicting Loyalties, Professionalism and the Law in the Making of Public Services 政治化的官僚:公共服务中相互冲突的忠诚、专业和法律

IF 0.8 4区社会学

International Journal of Law in Context Pub Date : 2022-09-01 DOI: 10.1017/S1744552322000246

Sophie Andreetta, A. Kolloch

{"title":"Politicised Bureaucrats: Conflicting Loyalties, Professionalism and the Law in the Making of Public Services","authors":"Sophie Andreetta, A. Kolloch","doi":"10.1017/S1744552322000246","DOIUrl":"https://doi.org/10.1017/S1744552322000246","url":null,"abstract":"Abstract Over recent years, public servants from across the world, from French nurses and Belgian social workers to Beninese judges, have been protesting their governments. These protests, some even overt, have erupted in response to specific policies imposed on them or needing to be enforced by them. This Special Issue, however, delves into diverse processes, strategies, actions and practices adopted by civil servants in delivering or administering a public service, be that health care, education, welfare and the like, by extension, seeking to redefine the state or the experience of the state (as a body of institutions, services, public policies, etc.) at the micro-level. Often daily practices of public servants when administering public services directly or indirectly challenge and undermine such legal and policy directives of the government that defy their own idea(l)s of stateness. These findings are drawn from recent works on the making of stateness, which explore the day-to-day work of public servants, especially their interaction with users and their exercise of discretion in implementing public policies. The studies focus on how public servants critically engage with the state and interrogate its policies, mainly to instil (or prevent) political change. A critical engagement with the conflicting loyalties of individual bureaucrats will expand our current understanding of street-level bureaucracies. That also entails observing and analysing their ambivalent responses to new governmental injunctions on a day-to-day basis and their attempts to reinterpret and redefine professionalism as they navigate their conflicting loyalties.","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":"18 1","pages":"279 - 287"},"PeriodicalIF":0.8,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49157141","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

IJC volume 18 issue 3 Cover and Front matter IJC第18卷第3期封面和封面问题

IF 0.8 4区社会学

International Journal of Law in Context Pub Date : 2022-09-01 DOI: 10.1017/s1744552322000416

引用次数: 0

Situating ‘law’ as ‘culture’ in scholarly discourse on the International Criminal Court: a reflection on Fraser and McGonigle Leyh's Intersections of Law and Culture at the International Criminal Court 将“法律”定位为国际刑事法院学术话语中的“文化”——弗雷泽和麦戈尼格尔·莱赫的《国际刑事法院法律与文化的交叉》反思

IF 0.8 4区社会学

International Journal of Law in Context Pub Date : 2022-08-19 DOI: 10.1017/S1744552322000295

Tomas Hamilton

{"title":"Situating ‘law’ as ‘culture’ in scholarly discourse on the International Criminal Court: a reflection on Fraser and McGonigle Leyh's Intersections of Law and Culture at the International Criminal Court","authors":"Tomas Hamilton","doi":"10.1017/S1744552322000295","DOIUrl":"https://doi.org/10.1017/S1744552322000295","url":null,"abstract":"Within the rich literature on the International Criminal Court (ICC), across international criminal law scholarship, transitional justice and international relations, the study of ‘law and culture’ has a lengthy pedigree. After the ICC came into operation on 1 July 2002, several years followed before the first monographs on the Court's law and culture were published, notably Sarah Nouwen's Complementarity in the Line of Fire (2013) and Phil Clark's Distant Justice (2018). This delay reflected the years of field-based research necessary for empirically minded scholars to usefully comment on the Court. The writing of these scholars was informed by long periods spent in the field in ICC situation countries, enabling them to bring a meaningful understanding of the lives of affected communities to their analysis of the Court's impact. Clark's book, for instance, was the culmination of eleven years of research and fieldwork in ICC situation countries (Clark, 2018). These extensive periods of contact with victims and survivors have brought fresh perspectives on the ICC to those of us whose work is, necessarily, focused on proceedings in The Hague and who are, inevitably, unable to claim genuine long-term familiarity with the local meaning of the Court's proceedings for those whose lives we believe or hope we are (positively) impacting. Well-executed field-based research has so much to offer because it can be at once intellectually distanced from court proceedings in The Hague, while intellectually proximate to the locus delicti of international criminal justice in affected communities.","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":"18 1","pages":"517 - 525"},"PeriodicalIF":0.8,"publicationDate":"2022-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49471500","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Charitable purposes and the shaping effects of money 慈善目的和金钱的塑造作用

IF 0.8 4区社会学

International Journal of Law in Context Pub Date : 2022-08-18 DOI: 10.1017/s1744552322000313

Dave Cowan, Barbara Hardy

{"title":"Charitable purposes and the shaping effects of money","authors":"Dave Cowan, Barbara Hardy","doi":"10.1017/s1744552322000313","DOIUrl":"https://doi.org/10.1017/s1744552322000313","url":null,"abstract":"<p>We address a curious omission from both the literature on the law of charity and socio-legal studies – the effect of apparently extraneous factors, such as politics and ideology, as well as the searching for money on the charitable purposes and identities of the public who are to benefit from the charity. This is a curious omission because even the law accepts that the idea of public benefit in charity law is a sociological concept, albeit one that has developed a technical meaning. We argue that approaching charitable purposes and public benefit as sociological concepts enables us to appreciate the tensions that those external factors produce as they re-shape those purposes and refashion the public who are to benefit. We refer to these factors under the rubric of the shaping effects of money. We use a case-study of the Canal and River Trust (CRT) to develop this argument. The trust was set up by the government as a charity to manage and control 2,000 miles of inland waterways in England and Wales. We draw on interviews with households who live on boats and ‘continuously cruise’ those boats on the canals to illustrate how their interests have been marginalised as the CRT has re-shaped itself as a well-being charity.</p>","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":"231 1 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2022-08-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138538483","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Bureaucracies under authoritarian pressure: legal destabilisation, politicisation and bureaucratic subjectivities in contemporary Turkey 威权压力下的官僚机构:当代土耳其的法律不稳定、政治化和官僚主体性

IF 0.8 4区社会学

International Journal of Law in Context Pub Date : 2022-07-14 DOI: 10.1017/S1744552322000234

Erol Saglam

{"title":"Bureaucracies under authoritarian pressure: legal destabilisation, politicisation and bureaucratic subjectivities in contemporary Turkey","authors":"Erol Saglam","doi":"10.1017/S1744552322000234","DOIUrl":"https://doi.org/10.1017/S1744552322000234","url":null,"abstract":"Abstract Drawing on ethnographic research across two street-level bureaucratic institutions in Istanbul, Turkey in the late 2010s, this paper traces the causes and implications of the politicisation of bureaucrats in the context of authoritarianisation. It argues that politicisation of bureaucrats cannot solely be taken as a reflection of the erosion of bureaucratic autonomy and capacity but must be explored further to reveal how bureaucrats cope with authoritarian pressure as well socio-legal destabilisations to preserve their institutional ethos. To this aim, I demonstrate how bureaucrats get politicised in response to authoritarian policies and, in turn, labour to uphold the rule of law despite politico-legal risks. The paper particularly focuses on how bureaucrats weave political solidarity and circulate anti-government discourses and how they use their knowledge of the legal-regulatory repertoire and archives to deter and ‘correct’ unlawful practices through their everyday work. The paper generates insights into the fashionings of political subjectivities and agency by bureaucrats through their labouring in the face of authoritarian interventions, legal disruptions and the increasing interactions with the citizenry. In doing this, my objective is to shed light on the everyday workings of authoritarian state and to get a better picture of the way the law is ‘made real’ (Latour, 2002) across mundane encounters between bureaucrats and the citizenry.","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":"18 1","pages":"288 - 302"},"PeriodicalIF":0.8,"publicationDate":"2022-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44532544","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

Failing, writing, litigating: daily practices of resistance in Belgian welfare bureaucracies 失败、写作、诉讼：比利时福利官僚机构的日常反抗实践

IF 0.8 4区社会学

International Journal of Law in Context Pub Date : 2022-07-14 DOI: 10.1017/S174455232200026X

Sophie Andreetta

引用次数: 1

Translating politics into policy implementation: welfare frontline workers in polarised Brazil 将政治转化为政策实施:两极分化的巴西的福利一线工人

IF 0.8 4区社会学

International Journal of Law in Context Pub Date : 2022-07-11 DOI: 10.1017/S1744552322000258

F. Eiró

引用次数: 3

Magistrates marching in the streets: making and debating judicial independence and the rule of law in Benin 治安法官在街头游行：在贝宁制定和辩论司法独立和法治

IF 0.8 4区社会学

International Journal of Law in Context Pub Date : 2022-07-11 DOI: 10.1017/S1744552322000283

A. Kolloch

{"title":"Magistrates marching in the streets: making and debating judicial independence and the rule of law in Benin","authors":"A. Kolloch","doi":"10.1017/S1744552322000283","DOIUrl":"https://doi.org/10.1017/S1744552322000283","url":null,"abstract":"Abstract Since 2012, judges and prosecutors in Benin have repeatedly protested against political interference and demanded compliance with their statutorily guaranteed independence. In 2014 and 2017, magistrates demonstrated in their judicial robes in the streets, protesting against the government's bill to deprive them of their right to strike and other freedoms. Benin has been described as a ‘success story of democracy’ (Stroh and Never, 2006, p. 1) and even as a ‘model democracy’ (cf. Kohnert, 1996, p. 78; Magnusson, 2001, p. 211; Bierschenk, 2009) since its peaceful transition to democratic conditions and its participation in a national conference in 1990/91. So why were magistrates in Benin demonstrating in the streets for the first time in the history of their profession? Based on fieldwork in Benin in 2009 and 2015 and archival research in 2017 in France, my paper analyses the change in the style of interactions between parts of the executive and parts of the judiciary in the history of the profession – a change from political negotiation to confrontation. Through their strikes and industrial action, magistrates fought for judicial independence; yet, at the same time they constructed legality and strengthened democracy because their actions emphasised the rule of law. My paper also considers the specifics of their strikes in the context of other striking civil servants. When magistrates, as bureaucrats, become politically active, it marks a transformation in their self-conception, as they are usually reserved and withdraw themselves from political and public spheres.","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":"18 1","pages":"347 - 363"},"PeriodicalIF":0.8,"publicationDate":"2022-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43497193","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Changing the administration from within: criticism and compliance by junior bureaucrats in Niger's Refugee Directorate 从内部改变政府：尼日尔难民局初级官员的批评和遵守

IF 0.8 4区社会学

International Journal of Law in Context Pub Date : 2022-07-08 DOI: 10.1017/S1744552322000271

L. Lambert

{"title":"Changing the administration from within: criticism and compliance by junior bureaucrats in Niger's Refugee Directorate","authors":"L. Lambert","doi":"10.1017/S1744552322000271","DOIUrl":"https://doi.org/10.1017/S1744552322000271","url":null,"abstract":"Abstract Research has rarely investigated the actions bureaucrats take to challenge the status quo of their organisation from within. Proposing a power-analytical approach to voice, exit and everyday resistance as political strategies of challenging the bureaucratic status quo, I study the difficulties of achieving organisational change in a context of structural constraints on junior bureaucrats’ reformative power. During field research in Niger's Refugee Directorate, I found that despite the associated risks, junior bureaucrats criticised their working conditions and, in confidential conversations, the administration. As precarious staff, they often combined criticism with compliance. In frequent acts of semi-private criticism amongst peers and with external actors, they problematised their working conditions and the state, but performed symbolic conformity in the everyday to avoid sanctions. This strategy nevertheless created autonomy for themselves and mobilised external actors for change-making. In rarer acts of direct criticism voiced to their superiors, the junior staff often complied with the same informal solidarities they vocally criticised.","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":"18 1","pages":"333 - 346"},"PeriodicalIF":0.8,"publicationDate":"2022-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47138343","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Distributing the costs of change: property transitions and pacts 分配变化的成本:财产转移和契约

IF 0.8 4区社会学

International Journal of Law in Context Pub Date : 2022-06-08 DOI: 10.1017/s1744552321000719

Rachael Walsh

引用次数: 0