Law & Policy最新文献

{"title":"Smallpox vaccination and the limits of governing through contagion in the Straits Settlements, 1868–1926","authors":"Jack Jin Gary Lee,&nbsp;Lynette J. Chua","doi":"10.1111/lapo.12221","DOIUrl":"https://doi.org/10.1111/lapo.12221","url":null,"abstract":"<p>Vaccination involves the encounter of nonhuman biological matter and human bodies, recalibrating our susceptibility to illness and death. This boundary-crossing act has been caught in conflicting webs of moral significance, including the normalizing frameworks of public health governance and its corresponding forms of resistance. Such tensions and dynamics were a feature of smallpox vaccination - the first modern, systematic state-driven project to build population immunity. Focusing on smallpox vaccination in the British-ruled Straits Settlements (Singapore, Penang, and Malacca) between 1868 and 1926, we examine the recurrent features of contentions over vaccination from the tentative beginnings of the 1868 Vaccination Ordinance to the systematic extension of vaccination in the 20th century. Engaging science and technology studies of nonhuman agency and social theories on security, we argue that such contentions demonstrate the limits of a power formation we call governing through contagion (GTC). GTC centralizes law and other technologies to normalize public health measures that combat contagious diseases, while <i>dys</i>connecting populations by its strategies of control. Our history of smallpox vaccination reveals: (i) GTC relies on the interconnectedness of human and nonhuman actors in protecting populations against viral threats; law is essential but does not necessarily drive vaccination or other strategies of control and (ii) resistance to GTC, in which law plays an integral role, reinforces inequalities and differentiated treatment, what we term endemic inter/dysconnectedness.</p>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"45 3","pages":"331-352"},"PeriodicalIF":1.3,"publicationDate":"2023-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50118031","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Sumptuary administration: How contested market actors shape the trajectory of policy when regulated under fragmented governance","authors":"Alexander B. Kinney","doi":"10.1111/lapo.12216","DOIUrl":"https://doi.org/10.1111/lapo.12216","url":null,"abstract":"<p>In contemporary society, sumptuary laws regulate contested markets by delegating enforcement responsibilities to the private sector. This can decouple the intention behind policies from the practices to implement them. When state interests do not align concerning the legality of a market, can policy and practice recouple, and if so, how? This article reports on a case study of commercial cannabis in the United States to answer this question. Interviews with 56 cannabis industry stakeholders in California, Arizona, and Texas reveal that policy and practice recoupled through a patterned process that I call <i>sumptuary administration</i>. In each state, regulators drew on a unique set of schemas, or “framework of accountability,” that prioritized a subset of cannabis market participants during the policy-making process. This resulted in missing or ambiguous sumptuary laws. To address business challenges that were tethered to this regulatory environment, cannabis businesses drew on similar schemas to identify appropriate practices. I show how grounding practices in these frameworks legitimized the preferences of the cannabis industry in the eyes of state authorities and influenced specific program policy revisions. Sumptuary administration represents a novel mechanism for understanding the social construction of legality in markets that are regulated under fragmented governance.</p>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"45 4","pages":"507-529"},"PeriodicalIF":1.3,"publicationDate":"2023-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50143388","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Visualizing the uneven accessibility to nucleic acid testing services in Shenzhen under China's COVID control measures.","authors":"Zifeng Chen","doi":"10.1177/23998083231153402","DOIUrl":"10.1177/23998083231153402","url":null,"abstract":"<p><p>Under China's \"dynamic zero\" COVID-19 policy, Shenzhen required its residents to present a negative nucleic acid testing result within 24 or 48 h to access most public spaces and transit until most recently. The uneven accessibility to testing services could render certain groups vulnerable to mobility disadvantage (e.g., denied access to public transport). Using data of nucleic acid testing services and residents' positioning points, I created a cartogram to capture the spatial distribution of people's activities and that of testing services in Shenzhen. The cartogram indicates that the nucleic acid testing services were spatially concentrated in a way inconsistent with the distribution of people's daily activities. Several girds exhibit high presence of activities but low or no provision of testing services that were necessary for residents to accessing public spaces and transport. The cartogram casts light to potential consequence of regular nucleic acid testing on mobility equality.</p>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"19 1","pages":"850-852"},"PeriodicalIF":3.5,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9852962/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84687799","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}

{"title":"Theorizing continuity and change in socialist regulation","authors":"John Gillespie","doi":"10.1111/lapo.12212","DOIUrl":"https://doi.org/10.1111/lapo.12212","url":null,"abstract":"<p>How does regulation change in authoritarian polities that tightly control public discourse and social mobilization? Socio-legal theories assume that regulation changes through intersubjective dialogical exchanges that persuade regulators to alter how they perceive social problems and the appropriate regulatory responses. Although this framework captures regulatory change in transparent dialogical spaces, it misses much of the regulatory story in the opaque discursive processes that order authoritarian polities. This article turns to sociological institutional theory—a non-dialogical theory to understand regulatory change in Vietnam's authoritarian polity. It investigates how commercial regulation in Vietnam has responded to an emerging mixed-market economy, at the same time the state has suppressed public dialogical challenges to socialist ideology. It concludes that regulatory change occurs when regulators respond to economic and social crises and layer new ideational components onto old programmatic ideas, converting them to new uses.</p>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"45 2","pages":"211-233"},"PeriodicalIF":1.3,"publicationDate":"2023-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12212","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50153575","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}

{"title":"Reproducing crises: Understanding the role of law in the COVID-19 global pandemic","authors":"Jose Atiles,&nbsp;David Whyte","doi":"10.1111/lapo.12214","DOIUrl":"https://doi.org/10.1111/lapo.12214","url":null,"abstract":"<p>Governmental responses to the COVID-19 global pandemic have generated numerous constitutionals, policy, legal, and political-economic debates. Scholarly engagements with the sociolegal and policy consequences of the COVID-19 pandemic have been dominated by discussion on the role of emergency powers, the suspension of individual civil liberties, the suspension of economic rules in order to guarantee economic survival, and social regulation of public spaces and of workplaces. This paper aims to explore how a critical sociolegal scholarship can contribute to a more sophisticated understanding of the role of law in creating the unequal conditions that propitiated the COVID-19 pandemic and that might enable further crises. This introduction offers a roadmap for theorizing the limits of law, the operationalization of emergency powers and the different policies implemented by global south and north countries in response to the pandemic. This introduction is structured as follow: (1) provides a general overview of the law and society tradition and its engagement with the COVID-19 pandemic; (2) engages with three key consequences of the pandemic, labor, and the lockdown; colonial implications; and the limits of law; (3) introduces the papers in this special issue; (4) sketches a proposal for the critical sociolegal scholarship of law and crises.</p>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"45 3","pages":"238-252"},"PeriodicalIF":1.3,"publicationDate":"2023-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12214","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50140827","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}

{"title":"Under the quasi-judicial state: H-1B employment rights in an era of judicial retrenchment","authors":"Gabrielle Clark","doi":"10.1111/lapo.12213","DOIUrl":"https://doi.org/10.1111/lapo.12213","url":null,"abstract":"<p>Foreign workers holding H-1B visas gained recourse to federal employment rights under the Immigration &amp; Nationality Act (INA) for the very first time when Congress passed the Immigration Act of 1990 (IMMACT90). This paper examines H-1B employment rights enforcement under the INA as it has intersected with broader features of the American legal system: what political scientists call judicial retrenchment and the quasi-judicial state. I first show how H-1B rights, already limited by the domestic politics that shaped the IMMACT, became subject to judicial retrenchment when the federal courts confined H-1B disputes under the INA to the quasi-judicial state at the Department of Labor (DOL). I then use published data on DOL investigation outcomes, published and unpublished administrative case records, and judicial cases reviewing agency action to examine the extent to which and how H-1B workers can use the quasi-judicial state to solve workplace problems. My empirical findings contribute to a new understanding of the relationship between rights retrenchment, the judiciary, and the rise of alternatives to court in immigration and employment law and point to possible fine-grained changes for future immigration reform.</p>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"45 1","pages":"81-106"},"PeriodicalIF":1.3,"publicationDate":"2023-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12213","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50135606","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}

{"title":"A “lifeline out of the COVID-19 crisis”? An ecofeminist critique of the European Green Deal","authors":"Stefanie Khoury","doi":"10.1111/lapo.12211","DOIUrl":"https://doi.org/10.1111/lapo.12211","url":null,"abstract":"&lt;p&gt;In early 2020, the world was rocked by a highly contagious, acute respiratory virus. Within a few months, many countries had gone into lockdown and were issuing mandatory mask-wearing and social distancing in what came to be known as the COVID-19 pandemic.&lt;sup&gt;1&lt;/sup&gt; Many theories quickly developed as to how and where COVID-19 emerged, although the definitive answer is still not available. Scientists do agree, however, that it is a zoonotic virus—meaning it is an infectious diseases transferred from animals to humans or vice-versa—and that the Wuhan market in China was a major, initial spreading location (Maxmen, &lt;span&gt;2022&lt;/span&gt;; Pigenet, &lt;span&gt;2020&lt;/span&gt;; WHO, &lt;span&gt;2021b&lt;/span&gt;). For some time now, the scientific community has been warning of the potential for increases in zoonotic diseases with the intensification of climate change and the rise of global warming as by-products of anthropogenic activities that have pushed animals and humans into closer contact (see, e.g., Schrag &amp; Weiner, &lt;span&gt;1995&lt;/span&gt;). A joint-report from the UN Environment Programme (UNEP) and the International Livestock Research Institute (, &lt;span&gt;2020&lt;/span&gt;, p. 11) recently recalled that, “While pandemics such as [COVID-19] are sometimes seen as a ‘black swan’—an extremely rare event—they are actually a widely predicted consequence of how people source food, trade animals, and alter environments.” That report warns that, “the rising trend in zoonotic diseases is driven by the degradation of our natural environment” and results from anthropogenic activities, including agricultural intensification and conversion of land, wildlife exploitation, resource extraction, increased demand for animal protein and climate change. Despite the world being taken by surprise in early 2020, COVID-19 was in fact a foreseeable event.&lt;/p&gt;&lt;p&gt;In Europe, the EU's response to the climate crisis came just weeks before COVID-19 erupted onto the global stage. Ursula von der Leyen, Head of the European Commission, presented the European Green Deal (EGD) to the world in December 2019. In early 2020, the EU was quick to acknowledge the connection between the climate crisis and the pandemic and doubled down on the EGD as its main policy framework for tackling both crises, hailing it as a “lifeline out of the COVID-19 crisis” (European Commission, &lt;span&gt;n.d.&lt;/span&gt;). This article seeks to evaluate that claim by applying an ecofeminist perspective to question the prevailing orthodoxy upheld by the EGD. Ecofeminism is an umbrella term, as Karen Warren (&lt;span&gt;1994&lt;/span&gt;) has suggested: one that captures a multitude of perspectives on the nature of connections within social systems of domination and is premised on the intersections and interconnectedness of people, nature, and the environment. As a theoretical framework, it is a way to frame the analysis of power within structures of patriarchy, colonialism and capitalism, and the role of institutions and policies in reproducing that power wi","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"45 3","pages":"311-330"},"PeriodicalIF":1.3,"publicationDate":"2023-02-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12211","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50128141","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}

{"title":"A global and historical exploration: Legislative reform in Muslim family laws in Muslim-majority versus Muslim-minority countries","authors":"Yüksel Sezgin","doi":"10.1111/lapo.12210","DOIUrl":"https://doi.org/10.1111/lapo.12210","url":null,"abstract":"<p>Thirty-five Muslim-majority and 18 Muslim-minority countries formally integrate Muslim Family Laws (MFLs) into their legal systems and enforce them through state courts. Both Muslim-majority and Muslim-minority governments have undertaken legislative reforms to alleviate the effects of religious laws on fundamental human rights, increase accountability and accessibility, and strengthen the rule of law within their MFL systems. Extant literature is silent on whether MFLs are more reformed or more human rights and the rule of law compliant in Muslim-majority or Muslim-minority countries. Utilizing a novel methodological tool, the MFL Index, this exploratory article surveys cross-national and historical trends in MFL reform (1946–2016). It shows that Muslim-majority and -minority governments have opted for different forms of legislative reform. Muslim-majority countries favored substantive reform, while Muslim-minority states prioritized exit reforms. The type and extent of reform were strongly associated with colonial heritage, secularism, women's activism, ethnoreligious diversity, and prevailing multicultural arrangements. These findings have implications for studying multicultural theory, human/women's rights, and democratization in the Muslim world and beyond.</p>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"45 2","pages":"110-136"},"PeriodicalIF":1.3,"publicationDate":"2023-02-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50150671","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Jurisdictional games and decision making: The Belgian approach in dealing with migrant smuggling","authors":"Roxane de Massol de Rebetz","doi":"10.1111/lapo.12209","DOIUrl":"https://doi.org/10.1111/lapo.12209","url":null,"abstract":"<p>The article presents a case study focusing on the Belgian approach to deal with migrant smuggling and more broadly on the governance of migrants in transit on its territory. Drawing from the literature on jurisdiction and scales and combining it with the scholarship on bureaucrats' decision making, the article sheds light on the messy dynamics and realities of legal governance of migrants transiting through Belgium in their journey to the United Kingdom. By focusing on the multilayered nature of the issue, the distinct legal regimes and the various actors involved, the article argues that the jurisdictional separation of the realms of criminal and administrative law enables a decision to mobilize a set of law over or in combination with another. The article explores the situation at the local and national scales and, as jurisdictions overlap and competences are scattered between distinct entities and actors, specific attention is paid to “passing the buck” behaviors and discourses which have substantial consequences for the situation of migrants in transit in Belgium.</p>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"45 2","pages":"137-158"},"PeriodicalIF":1.3,"publicationDate":"2023-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12209","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50150308","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}

{"title":"Undocumented consciousness: Citizenship and illegality in the lives of US citizen youth","authors":"Gabriela Gonzalez","doi":"10.1111/lapo.12207","DOIUrl":"https://doi.org/10.1111/lapo.12207","url":null,"abstract":"<p>This paper examines the impact of immigration law on US citizens' understanding of legal status categories. Prior research on legal consciousness has uncovered the ways in which undocumented persons make sense of and navigate their legal position in society. Less is known, however, about the paradox of US citizen children who are legally protected by their citizenship yet grow up in the context of their parents' precarious immigration statuses. Drawing on interviews with US citizen youth and undocumented parents, I conceptualize the phenomenon of <i>undocumented consciousness</i> to explain how US citizens make sense of parental legal status vulnerability. By witnessing their parents' blocked opportunities from work, travel, and other aspects of life, youth begin to attach meaning to citizenship and its protections, all the while forming an understanding of what it means, practically, to live in the United States with and without legal status. Findings reveal the mechanisms by which it is possible for functions of immigration law to have adverse impacts on the lives of US citizens themselves.</p>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"45 1","pages":"45-65"},"PeriodicalIF":1.3,"publicationDate":"2023-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12207","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50131347","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}