Law & Policy最新文献_第2页

Invisible crimes and punitive politics 无形的犯罪和惩罚性的政治

IF 1.2 3区社会学

Law & Policy Pub Date : 2024-10-02 DOI: 10.1111/lapo.12253

John-Paul Anderson

引用次数: 0

Well said!: Professional norms and female justices' evaluation of lower court opinion text 说得好!：职业规范与女法官对下级法院意见书文本的评价

IF 1.2 3区社会学

Law & Policy Pub Date : 2024-10-02 DOI: 10.1111/lapo.12254

Shane A. Gleason, Krystoff Kissoon

引用次数: 0

“(…) here I have freedom”—A study of refugees' and asylum seekers' legal consciousness in Greece: Self-identity, human rights, and expectations from European Union law “（…）在这里我有自由”——对希腊难民和寻求庇护者法律意识的研究：自我认同、人权和欧盟法律的期望

IF 1.2 3区社会学

Law & Policy Pub Date : 2024-09-24 DOI: 10.1111/lapo.12256

Sofia Graca, Violeta Kapageorgiadou

{"title":"“(…) here I have freedom”—A study of refugees' and asylum seekers' legal consciousness in Greece: Self-identity, human rights, and expectations from European Union law","authors":"Sofia Graca, Violeta Kapageorgiadou","doi":"10.1111/lapo.12256","DOIUrl":"https://doi.org/10.1111/lapo.12256","url":null,"abstract":"This paper adds to the existing knowledge on migration and the law by empirically exploring the legal consciousness of 33 refugees and asylum seekers in Greece, more specifically, by discussing how their experiences, self-identity and expectations of the law inform their reactions to the restrictions imposed upon them. The findings suggest that (1) legal knowledge is acquired in the countries of origin and from contact with smugglers, other migrants, law enforcement agents and staff from NGOs; (2) this knowledge allows them to forge an identity as “rights-bearers,” which (3) together with perceptions and expectations of human rights law and European Union policies on migration, (4) empower them to claim protection from the Greek state, and (5) legitimizes their actions, even if these sometimes involve subterfuge. Despite their particularly vulnerable positions, refugees and asylum seekers are, therefore, not mere passive receivers of state power, but also try to use the law to overcome adversity, in an almost game-like fashion.","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"47 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2024-09-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12256","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143119176","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Does racial impact statement reform reduce Black–White disparities in imprisonment: Mixed methods evidence from Minnesota 种族影响声明改革是否会减少黑人与白人在监禁方面的差异：来自明尼苏达州的混合方法证据

IF 1.2 3区社会学

Law & Policy Pub Date : 2024-07-12 DOI: 10.1111/lapo.12252

Aaron Gottlieb, Toyan Harper, Hye-Min Jung

{"title":"Does racial impact statement reform reduce Black–White disparities in imprisonment: Mixed methods evidence from Minnesota","authors":"Aaron Gottlieb, Toyan Harper, Hye-Min Jung","doi":"10.1111/lapo.12252","DOIUrl":"10.1111/lapo.12252","url":null,"abstract":"Increasingly scholars have argued that, if the United States is to reduce Black–White disparities in incarceration, it is necessary to move away from race-neutral efforts and ensure that policies consider race. Despite this perspective, criminal legal policies have almost exclusively been race-neutral, with one general exception at the state level: racial impact statement reform. Although racial impact statement reform exists now in 10 states, no scholarship has empirically examined the implications of this approach for racial disparities in imprisonment. Using a mixed methods approach, we begin to fill this gap by examining the implications of Minnesota's racial impact statement reform on Black–White imprisonment rate disparities. Our quasi-experimental results do not suggest that Minnesota's reform reduced Black–White disparities in imprisonment. Our legislative analysis suggests that the null effects we observed were likely due to the fact that racial impact statements are responses to legislation that has already been proposed, and that the legislation proposed in Minnesota was not sufficient to significantly address Black–White imprisonment disparities, regardless of the extent to which these statements impacted the votes of legislators.","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"47 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2024-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12252","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141612239","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Stewards, defenders, progenitors, and collaborators: Courts in the age of democratic decline 管理者、捍卫者、先驱者和合作者：民主衰落时代的法院

IF 1.2 3区社会学

Law & Policy Pub Date : 2024-07-09 DOI: 10.1111/lapo.12251

Michael A. Dichio, Igor Logvinenko

{"title":"Stewards, defenders, progenitors, and collaborators: Courts in the age of democratic decline","authors":"Michael A. Dichio, Igor Logvinenko","doi":"10.1111/lapo.12251","DOIUrl":"10.1111/lapo.12251","url":null,"abstract":"In this introductory essay to the special issue of Law & Policy, “Global Perspectives on Judicial Politics and Democratic Backsliding,” we critically examine the paradoxical role of courts during episodes of democratic backsliding. Despite operating without direct democratic accountability—relying instead on legal precedents and doctrinal interpretations—courts are pivotal in defending democratic integrity during episodes of backsliding. This issue, featuring 10 articles by 15 scholars, offers a comprehensive and nuanced analysis of judicial politics of autocratization. Half of the articles deal directly with the U.S. judiciary, highlighting its unique standing that allows it to both enable and resist democratic backsliding. The other half of the issue explores case studies from Europe, Southeast Asia, and Latin America, highlighting a great deal of variability of tactics, approaches and outcomes. Published during a critical electoral year in 2024, this collection emphasizes the need for ongoing research into the judiciaries' dual capacity to both safeguard and undermine democratic norms.","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"47 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2024-07-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12251","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141584966","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Judicial transformation in a competitive authoritarian regime: Evidence from the Turkish case 竞争性专制制度下的司法转型：土耳其案例的证据

IF 1.2 3区社会学

Law & Policy Pub Date : 2024-07-08 DOI: 10.1111/lapo.12250

Berk Esen

{"title":"Judicial transformation in a competitive authoritarian regime: Evidence from the Turkish case","authors":"Berk Esen","doi":"10.1111/lapo.12250","DOIUrl":"10.1111/lapo.12250","url":null,"abstract":"What accounts for the variation in the judiciary's ability to serve as a democratic guardrail under populist rule? This article contends that populist governments use judicial activism against their political agenda to portray courts as institutions that curtail popular sovereignty and subsequently adopt a democratizing discourse to conceal their assault on the judiciary. Based on the Turkish case under the rule of the AKP (Justice and Development Party), it explores how the judiciary's democratic deficits provided a legitimation strategy for the ruling party's gradual capture of the courts. During its initial term, the right-wing populist AKP government faced staunch opposition from high courts aligned with the secular establishment. In response, it strategically used the Turkish Constitutional Court's counter-majoritarian decisions to legitimize its actions, paving the way for court-packing and other forms of judicial manipulation through a series of constitutional amendments. These changes set a dangerous precedent for future clashes with the judiciary, hastening the erosion of Turkish democracy and the subsequent shift toward a competitive authoritarian regime.","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"47 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2024-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12250","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141571024","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The light and the dark side of judicial resistance 司法抵抗的光明与黑暗面

IF 1.2 3区社会学

Law & Policy Pub Date : 2024-06-09 DOI: 10.1111/lapo.12247

Katarína Šipulová

{"title":"The light and the dark side of judicial resistance","authors":"Katarína Šipulová","doi":"10.1111/lapo.12247","DOIUrl":"10.1111/lapo.12247","url":null,"abstract":"How can courts resist political attacks? Despite the rich empirical studies of attacks on courts, we lack better understanding of how judges react to these challenges. Little or no attention has been paid to the theoretical aspects of judicial resistance; the structural, personal or socio-economical motives of judges, or the dynamics between the resistance, democratic resilience and the rule of law. This article draws a novel concept map and suggests that the future scholarship should focus on three dimensions of judicial resistance. The first captures the variety of techniques available to judges who wish to avert, punish or invalidate an attack, whether they act individually or collectively and on-bench or off-bench. The second dimension zooms in on the motives for resistance, including the ability of judges to recognize an attack and see it as critical. It outlines factors that potentially form the cost-benefit analysis behind judges' decisions to resist. Finally, the third dimension prompts to look into the effects of resistance (the dark and the light side), it analyses the conformity of judicial resistance with or against the principle of the rule of law and suggest its repercussions on how the public trusts and understands the courts (long-term perspective).","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"47 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2024-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12247","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141367333","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Courts, the state, and democratization in the United States 美国的法院、国家和民主化

IF 1.2 3区社会学

Law & Policy Pub Date : 2024-05-25 DOI: 10.1111/lapo.12249

Robert C. Lieberman, Kory J. Gaines

引用次数: 0

Courts against backsliding: Lessons from Latin America 法院反对倒退：拉丁美洲的经验教训

IF 1.2 3区社会学

Law & Policy Pub Date : 2024-05-24 DOI: 10.1111/lapo.12246

Laura Gamboa, Benjamín García-Holgado, Ezequiel González-Ocantos

{"title":"Courts against backsliding: Lessons from Latin America","authors":"Laura Gamboa, Benjamín García-Holgado, Ezequiel González-Ocantos","doi":"10.1111/lapo.12246","DOIUrl":"10.1111/lapo.12246","url":null,"abstract":"The recent wave of autocratization in Latin America has put courts at the center of debates about regime and regime change. Much of the literature on the judicial politics of democratic backsliding focuses on incumbents' efforts to capture judiciaries and weaponize them against the regime. Our approach is different. We provide illustrations of independent courts in Argentina, Colombia and Mexico that successfully fought back when presidents pushed for reforms that jeopardized democratic stability. With the goal of furthering our knowledge of how judges can also complicate autocratization, the paper thus focuses on a type of horizontal accountability intervention that we refer to as “constitutional balancing.” We also shed light on the reasons why constitutional balancing is well-equipped to slow down or stop backsliding via a comparison with another type of horizontal accountability intervention: public administration policing. These interventions are increasingly common in Latin America, usually in the form of high-profile corruption prosecutions. Unlike constitutional balancing, however, public administration policing has proven highly disruptive, and ultimately unable to settle regime-threatening political conflict.","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"46 4","pages":"358-379"},"PeriodicalIF":1.2,"publicationDate":"2024-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12246","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141102399","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Courts and democratic backsliding: A comparative perspective on the United States 法院与民主倒退：美国的比较视角

IF 1.2 3区社会学

Law & Policy Pub Date : 2024-05-23 DOI: 10.1111/lapo.12248

Stephen Gardbaum

引用次数: 0