Social & Legal Studies最新文献

{"title":"<i>Fast</i> Refugee Protection: Temporality and Migration Control.","authors":"Azar Masoumi","doi":"10.1177/09646639211015340","DOIUrl":"https://doi.org/10.1177/09646639211015340","url":null,"abstract":"<p><p>This article explores the temporality of migration control through an analysis of refugee claim processing in Canada. I draw on organizational reports, commissioned studies, media reports, interviews and archival data to argue that time is a key technology of state-controlled migration regulation. I show that temporal technologies have long been used to both control the access of migrants and the labour of civil servants. Furthermore, I show that procedural temporalities have been consistently manipulated to reflect and facilitate growing restrictionism in Canadian migration regulation. In short, I suggest that migration regulation regimes devise and use temporal technologies to block, deter or delay access to rights to unwanted and unauthorized migrants, and to reduce the cost of doing so where possible.</p>","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":"31 2","pages":"197-215"},"PeriodicalIF":1.6,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/09646639211015340","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"39857560","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Loyalty, Liberty, and the Law: Analysing the Juxtaposition of Nation and Citizen in the Indian Sedition Law","authors":"Ayesha Pattnaik","doi":"10.1177/09646639221086859","DOIUrl":"https://doi.org/10.1177/09646639221086859","url":null,"abstract":"This article examines the Indian sedition law laid out in Section 124(A) of the Indian Penal Code (IPC) which criminalises expression of disaffection towards the government. It analyses the functions of the sedition law in colonial and constitutional India. Rather than taking a legal approach to examine whether the sedition law is inimical to democracy, this socio-legal analysis studies the media and political discourse around sedition cases to evoke an underlying pattern of the use of the law across time and political regimes. It reveals how the law has been used in contemporary India to weave a narrative of the nation-state and national interests, often pitted against human rights and individual liberties. It goes on to argue that in post-colonial India, the law has simultaneously been critical in building a binding national identity while also enabling nationalism to be used as a political instrument that can subversively monitor and discipline citizens.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":"47 1","pages":"829 - 846"},"PeriodicalIF":1.6,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83285926","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"‘Gold Standard' Legislation for Adults Only: Reconceptualising Children as ‘Adjoined Victims' Under the Domestic Abuse (Scotland) Act 2018","authors":"Ilona Cairns, Isla Callander","doi":"10.1177/09646639221089252","DOIUrl":"https://doi.org/10.1177/09646639221089252","url":null,"abstract":"In this article we argue that the Domestic Abuse (Scotland) Act 2018 should not be regarded as ‘gold standard’ in the way in which it seeks to recognise the harms caused to children who experience intimate partner coercive control in their living environment. We argue that children should be reconceptualised children as ‘adjoined victims’ of intimate partner domestic abuse and that the 2018 Act should be amended to include a parallel section 1 offence of ‘abusive behaviour towards partner or ex-partner and adjoined child’. By offering the first academic analysis of why and how the criminal law should seek to capture children’s experiences of coercive control, this article contributes to broader discussions about criminalising coercive control and the scope of such offences. It highlights key lessons that can be learnt from the Scottish story so far and sounds a note of caution against simply ‘rolling out’ the Scottish approach elsewhere.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":"29 1","pages":"914 - 940"},"PeriodicalIF":1.6,"publicationDate":"2022-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75245247","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Book Review: Dispute Resolution in China: Litigation, Arbitration, Mediation, and their Interactions","authors":"Sida Liu","doi":"10.1177/09646639221088529","DOIUrl":"https://doi.org/10.1177/09646639221088529","url":null,"abstract":"Dispute resolution is one of the most enduring research topics in law and society research. While sociolegal scholars have long recognised the ‘dispute pyramid’ and how disputes emerge from social life and transform into legal cases in court, most studies focus on one or two specific sites or mechanisms of dispute resolution, such as mediation, arbitration, or litigation. Very few researchers have both the ambition and the capacity to paint a ‘world map’ of all the variations of dispute resolution in a single book, especially for a large country like China. Weixia Gu’s book Dispute Resolution in China is a notable exception. Based on her expertise in civil litigation, commercial arbitration, and various forms of mediation in China, Gu presents a panoramic account of the structures, processes and institutions of diverse systems of civil and commercial dispute resolution in Chinese law and how these systems respond to very different missions, incentives and social contextual factors. The book draws on a deep knowledge of Chinese law and society, articulates the precision of little-explored empirical data, as well as has the ambition and rigour of serious theoretical inquiries. Gu is perhaps also the first scholar to present this panoramic narrative and critical examination of China’s civil and commercial dispute resolution in an interactive ecology. It is an exemplary piece of scholarship in Chinese law written by one of the leading authorities in the field. Part I of the book lays out the landscape of Chinese dispute resolution, which ‘could be described as analogous to a dynamic ecology’ (p. 4). The three primary systems of civil and commercial dispute resolution are civil (including commercial) litigation, commercial arbitration, and mediation. Each system has its own architecture, procedural rules, and institutional settings. Furthermore, the three systems interact in complex ways on a regular basis, which produce many ‘hybrid’ forms of dispute resolution such as judicial mediation, judicial enforcement of arbitration, and ‘med-arb’ (see Chapter 8). Some of those hybrid forms are specific to the Chinese context (e.g. judicial mediation), while others are adopted from elsewhere (e.g. med-arb). Nevertheless, they constitute a heterogeneous and rapidly changing ecology for Chinese plaintiffs and defendants to navigate. In Part II, Gu provides a thorough examination of the historical evolution of each of the three main systems of dispute resolution from the 1980s to the present. With a delicate assembly and analysis of official statistics, combined with archival data and secondary literature, the three chapters on litigation, arbitration, and mediation offer perhaps the Book Reviews","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":"54 5 1","pages":"796 - 798"},"PeriodicalIF":1.6,"publicationDate":"2022-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77098457","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Sexual Violence in the Digital Age: Replicating and Augmenting Harm, Victimhood and Blame","authors":"R. Killean, Anne-Marie McAlinden, E. Dowds","doi":"10.1177/09646639221086592","DOIUrl":"https://doi.org/10.1177/09646639221086592","url":null,"abstract":"This article examines some of the complexities and tensions which lie at the intersection of popular and official constructions of technology-assisted sexual violence (TA-SV). It argues that many of the core contextual understandings of victimhood and harm which underpin the cultural and legal framing of offline forms of sexual violence are not only reproduced but augmented in virtual settings. Drawing on debates from critical victimology, the article argues that TA-SV amplifies traditional understandings of ‘victim’ and ‘offender’ behaviours concerning sexual crime. In so doing, it highlights the particular challenges around: a) the ‘ideal victim’; (b) responsibilisation and blame; and c) victim-offender-bystander continuums which emerge not only within discourses on TA-SV, but also through the use of digital evidence at trial. The article concludes by examining the broader implications for academic discourses on victimhood and the challenges for legal and cultural discourses in responding to sexual violence in the digital age.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":"4 1","pages":"871 - 892"},"PeriodicalIF":1.6,"publicationDate":"2022-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76757938","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Book Review: Film and Constitutional Controversy: Visualizing Hong Kong Identity in the Age of “One Country, Two Systems”","authors":"Mónica LÓPEZ LERMA","doi":"10.1177/09646639221081503","DOIUrl":"https://doi.org/10.1177/09646639221081503","url":null,"abstract":"Kelley DR (1990) The Human Measure. Social Thought in the Western Legal Tradition. Cambridge, MA: Harvard University Press. Örücü E (2007) Developing comparative Law. In: Örücü E and Nelken D (eds) Comparative Law: A Handbook. Oxford: Hart Publishing, 43–65. Roughan N and Halpin A (eds.) (2017) In Pursuit of Pluralist Jurisprudence. Cambridge: Cambridge University Press. Twining W (2009) General Jurisprudence. Understanding Law from a Global Perspective. Cambridge: Cambridge University Press. Van Hoecke M (2017) Is there Now A comparative legal scholarship? The Journal of Comparative Law 12(1): 271–280.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":"39 9","pages":"651 - 654"},"PeriodicalIF":1.6,"publicationDate":"2022-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72587791","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Migrant Labor Supply Chains: Architectures of Mobile Assemblages","authors":"Shikha Silliman Bhattacharjee","doi":"10.1177/09646639221080519","DOIUrl":"https://doi.org/10.1177/09646639221080519","url":null,"abstract":"This paper explores the potential for Assemblage Theory to supplement current approaches to studying labor migration in law and the social sciences. Based upon a study of women's migration for garment and domestic work in India, I lay out the labor supply chain assemblage (LSCA) as a framework for understanding how workers find employment across multi-site, dynamic trajectories. Migration into temporary employment requires workers to move between jobs on an ongoing basis. Accordingly, studying labor supply chains as fluid assemblages defined by labor market conditions, component elements, and various agents provides a methodology for analyzing frequent job searches, across recruitment geographies, that include a range of recruitment actors. By accommodating temporal, territorial, and relational analysis, this approach provides insight into how labor migration processes for migrant garment and domestic workers in India articulate with the development of markets, working conditions, and social hierarchies – including on the basis of gender and caste.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":"17 1","pages":"807 - 828"},"PeriodicalIF":1.6,"publicationDate":"2022-02-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89584045","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"External Intimacy: Community-based Intervention Concerning Crime and the Integral State in Quebec","authors":"Eduardo González Castillo","doi":"10.1177/09646639221076089","DOIUrl":"https://doi.org/10.1177/09646639221076089","url":null,"abstract":"This article deals with the contradictory way in which community-based intervention concerning crime relates to political domination and to the institutions of the State in Quebec, Canada by exploring the pertinence of the Gramscian conception of civil society. Surprisingly, although Antonio Gramsci offers an interesting set of concepts for the study of the relationship between civil society and government institutions, his ideas have rarely been used to understand community intervention in general and that related to public security in particular. Gramscian concepts such as civil society, political society, hegemony, and the integral State strike us as particularly useful in this regard. In our opinion, they offer a much more comprehensive view of the current relationship between community action (civil society) and the criminal justice system (the government) than narratives that insist on the alleged autonomy of civil society and on the weakening of the State. To show the utility of these concepts, we used them to understand community tensions related to racially discriminatory practices by police officers in the multiethnic borough of Montréal-Nord in Montreal.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":"20 1","pages":"893 - 913"},"PeriodicalIF":1.6,"publicationDate":"2022-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85820349","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Queer Conflicts, Concept Capture and Category Co-Option: The Importance of Context in the State Collection and Recording of Sex/Gender Data","authors":"Ben Collier, S. Cowan","doi":"10.1177/09646639211061409","DOIUrl":"https://doi.org/10.1177/09646639211061409","url":null,"abstract":"Queer, trans and non-binary lives, bodies, relationships, and communities often complicate the taken-for-granted processes through which the state manages those under its power. In this article, we explore the forms of power and harm at play in attempts to quantify people through administrative processes of state data collection about sex and gender, and in the current UK and Scottish context, examine some of the sites for wider conflicts over constructions of sex and gender in public life. We emphasise the need to collect sex/gender data in ways that reflect the intersectional lives of data ‘subjects.’ We also suggest that governments and public bodies should not adopt a unitary definition of sex or gender in data collection exercises such as the census, or other administrative categories such as criminal justice records, and argue those who lobby to record ‘sex not gender’ in data collection are engaging in a strategy of concept capture (reducing sex to a binary, biological model that excludes trans and non-binary people) through the co-option of a number of administrative and legal categories across a wide range of social and political fora. We conclude by recommending that public bodies asking about sex and gender should: co-produce questions with the community that is being surveyed; ensure that the wording of each question, and its rubric, is sensitive to the context in which it is asked and the purpose for which it is intended; and avoid attempting to offer any overarching standard definition of sex or gender that would be applicable in all circumstances. To engage in meaningful sex/gender data collection and recording that does not cause harm, governments and public bodies should avoid relying on reductive, over-simplistic and generalistic categories that are designed to fit the standardised norm. In being attentive to individual contexts, needs and interests when formulating categories and records, they can make space for more intersectional experiences to be made visible.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":"38 1","pages":"746 - 772"},"PeriodicalIF":1.6,"publicationDate":"2022-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77909867","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Insult, Charisma, and Legitimacy: Turkey's Transition to Personalist Rule","authors":"Defne Över, Irem Tuncer-Ebetürk","doi":"10.1177/09646639211073652","DOIUrl":"https://doi.org/10.1177/09646639211073652","url":null,"abstract":"Scholars exploring transitions to personalist rule focus on coercive power transfer to personalist rulers and argue that forming viable political coalitions, undermining power-sharing agreements, and mobilizing non-democratic institutions play a crucial role in transferring coercive power. However, no regime can rule by coercion alone, and transitions to personalist rule also involve making new frameworks of legitimacy. Exploring the connections between Turkey's recent transition to personalist rule and the drastic jump in the number of insult proceedings that accompanied the transition, this article finds that insult proceedings play a particular role in making new frameworks of legitimacy in transitions to personalist rule. We argue that insult proceedings work as a coercive method of punishment that curbs dissent while constructing a new framework of legitimacy based on the ruler's charisma. The study builds on an in-depth examination of insult cases filed during Erdoğan's presidency in Turkey and interviews with legal experts and suspects. It contributes to the understanding of the use of laws and legality in autocratization processes.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":"11 1","pages":"773 - 795"},"PeriodicalIF":1.6,"publicationDate":"2022-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82406646","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}