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Law and Social Inquiry-Journal of the American Bar Foundation最新文献

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“Going to Law”: Reflections on Law, Religion, and Mitra Sharafi's Law and Identity in Colonial South Asia “走向法律”:对南亚殖民地的法律、宗教和米特拉·沙拉菲的法律和身份的反思
IF 1.6 2区 社会学
Law and Social Inquiry-Journal of the American Bar Foundation Pub Date : 2017-10-02 DOI: 10.1111/lsi.12323
Winnifred Fallers Sullivan
{"title":"“Going to Law”: Reflections on Law, Religion, and Mitra Sharafi's Law and Identity in Colonial South Asia","authors":"Winnifred Fallers Sullivan","doi":"10.1111/lsi.12323","DOIUrl":"10.1111/lsi.12323","url":null,"abstract":"<p>This essay explores religion's need for law, comparing the story told in Mitra Sharafi's <i>Law and Identity in Colonial South Asia</i> (2014)—about the virtual hijacking of British colonial law to serve the communal religious needs of Parsis in colonial India—to other contexts in which secular and religious legal systems have built symbiotic relationships, including in the United States and Thailand. It concludes by urging a reweaving of religious and legal histories after the critique of secularism and its shadows, separationism, and antinomianism.</p>","PeriodicalId":47418,"journal":{"name":"Law and Social Inquiry-Journal of the American Bar Foundation","volume":"42 4","pages":"1231-1239"},"PeriodicalIF":1.6,"publicationDate":"2017-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/lsi.12323","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133626175","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}
引用次数: 0
Hijacking Law 劫持法律
IF 1.6 2区 社会学
Law and Social Inquiry-Journal of the American Bar Foundation Pub Date : 2017-10-02 DOI: 10.1111/lsi.12324
Mitra Sharafi
{"title":"Hijacking Law","authors":"Mitra Sharafi","doi":"10.1111/lsi.12324","DOIUrl":"10.1111/lsi.12324","url":null,"abstract":"<p>This essay considers the legal strategies of comparative communities in South Asian, Middle Eastern, and US history. What does it mean for a particular group to “hijack” a body of law, taking everyone on board to an unwanted destination? The piece compares the legal strategies of the Parsi community in colonial and postcolonial India to those of the German Jewish <i>yekke</i> population in mandate Palestine and early independent Israel, the women's movement in India in recent decades, and Protestants in contemporary America before the 2015 <i>Obergefell</i> decision legalizing same-sex marriage. There are multiple ways of trying to take control of a body of law, and for multiple reasons. A group may capture a body of personal law to perpetuate its own values within the group. It may try to control a territorial legal system to impose its values on the entire population. It may work across bodies of personal law to obtain as uniform a result as possible—as if the system were a unified field, not a segmented one. Or its group members may make available their legal expertise to shore up a newly independent state's legal system. The essay suggests that taking control of a body of law does not necessarily mean hijacking it.</p>","PeriodicalId":47418,"journal":{"name":"Law and Social Inquiry-Journal of the American Bar Foundation","volume":"42 4","pages":"1240-1247"},"PeriodicalIF":1.6,"publicationDate":"2017-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/lsi.12324","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131902331","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}
引用次数: 0
Women's Rights Issues Among Bombay Parsis: A Legal Anthropologist's Thoughts on Mitra Sharafi's Law and Identity in Colonial South Asia 孟买巴黎人中的妇女权利问题:一位法律人类学家对南亚殖民地米特拉·沙拉菲的法律和身份的思考
IF 1.6 2区 社会学
Law and Social Inquiry-Journal of the American Bar Foundation Pub Date : 2017-09-25 DOI: 10.1111/lsi.12321
Sylvia Vatuk
{"title":"Women's Rights Issues Among Bombay Parsis: A Legal Anthropologist's Thoughts on Mitra Sharafi's Law and Identity in Colonial South Asia","authors":"Sylvia Vatuk","doi":"10.1111/lsi.12321","DOIUrl":"10.1111/lsi.12321","url":null,"abstract":"<p>I focus in this essay on legal issues related to women's rights in the British colonial period that are discussed in Mitra Sharafi's 2014 book, <i>Law and Identity in Colonial South Asia: Parsi Legal Culture, 1772–1947</i>. Beginning in the early nineteenth century, the Parsi leadership actively lobbied for laws related to intestate inheritance, women's property rights, divorce, and child marriage that were consistent with their community's customary values and practices. During the same period, legal reform movements were also underway on behalf of Hindu and Muslim women and, to a lesser extent, Christian women. This essay highlights some of the common themes in those movements and discusses, in particular, the similarities and differences in what was achieved for Parsi women and their Hindu sisters, as they and their respective male leaders traversed the road toward greater gender equality under the law.</p>","PeriodicalId":47418,"journal":{"name":"Law and Social Inquiry-Journal of the American Bar Foundation","volume":"42 4","pages":"1215-1223"},"PeriodicalIF":1.6,"publicationDate":"2017-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/lsi.12321","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133568009","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}
引用次数: 0
Law and Identity in Colonial South Asia 南亚殖民地的法律与身份
IF 1.6 2区 社会学
Law and Social Inquiry-Journal of the American Bar Foundation Pub Date : 2017-09-25 DOI: 10.1111/lsi.12320
Bhavani Raman
{"title":"Law and Identity in Colonial South Asia","authors":"Bhavani Raman","doi":"10.1111/lsi.12320","DOIUrl":"10.1111/lsi.12320","url":null,"abstract":"<p>This essay articulates the contributions of Mitra Sharafi's study of Parsi legal culture to colonial legal studies. Situated at the intersection of the literature on legal pluralism and legal institutions, <i>Law and Identity in Colonial South Asia: Parsi Legal Culture, 1772–1947</i> (2014) uses a range of new legal sources and case law to recover a remarkable history of collective identity that emerged via the medium and infrastructure of law. The Parsis' active participation in colonial legal institutions not only reshaped their normative worlds but also de-anglicized imperial law.</p>","PeriodicalId":47418,"journal":{"name":"Law and Social Inquiry-Journal of the American Bar Foundation","volume":"42 4","pages":"1210-1214"},"PeriodicalIF":1.6,"publicationDate":"2017-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/lsi.12320","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121093601","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}
引用次数: 5
Loyal Opposition: Minorities and State Law 忠实的反对派:少数民族和国家法律
IF 1.6 2区 社会学
Law and Social Inquiry-Journal of the American Bar Foundation Pub Date : 2017-09-25 DOI: 10.1111/lsi.12322
Assaf Likhovski
{"title":"Loyal Opposition: Minorities and State Law","authors":"Assaf Likhovski","doi":"10.1111/lsi.12322","DOIUrl":"10.1111/lsi.12322","url":null,"abstract":"<p>This essay on Mitra Sharafi's <i>Law and Identity in Colonial South Asia: Parsi Legal Culture, 1772–1947</i> (2014) focuses on the relationship between certain minorities and the law of the state. It seeks to expand the discussion found in Sharafi's book in three directions: first, by comparing the attitude of Parsis in South Asia to the law of the state with the attitude of German Jewish immigrants in mandatory Palestine and Israel to state law; second, by asking whether the Parsis' embracing of state law was linked to their economic success; and, finally, by pointing to the nature of law itself as a “minority discourse.”</p>","PeriodicalId":47418,"journal":{"name":"Law and Social Inquiry-Journal of the American Bar Foundation","volume":"42 4","pages":"1224-1230"},"PeriodicalIF":1.6,"publicationDate":"2017-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/lsi.12322","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123297992","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}
引用次数: 1
Summonsing Criminal Desistance: Convicted Felons’ Perspectives on Jury Service 传唤刑事中止:重罪犯对陪审团服务的看法
IF 1.6 2区 社会学
Law and Social Inquiry-Journal of the American Bar Foundation Pub Date : 2017-09-13 DOI: 10.1111/lsi.12317
James M. Binnall
{"title":"Summonsing Criminal Desistance: Convicted Felons’ Perspectives on Jury Service","authors":"James M. Binnall","doi":"10.1111/lsi.12317","DOIUrl":"10.1111/lsi.12317","url":null,"abstract":"<p>This exploratory study is the first to examine how convicted felons view the jury process and their role in that process. Data derived from interviews with former and prospective felon-jurors in Maine, the only US jurisdiction that does not restrict a convicted felon's opportunity to serve as a juror, reveal that participants displayed an idealized view of jury service, stressing a commitment to serve conscientiously. Additionally, inclusion in the jury process affirmed their transitions from “offenders” to “nonoffenders.” In response, participants exhibited a sense of particularized self-worth, emphasizing that negative experiences with the criminal justice system make one a more effective juror. In sum, this study suggests that among convicted felons, inclusion in the jury process may prompt conformity with the “ideal juror” role, facilitate prosocial identity shifts by mitigating the “felon” label, and help former offenders to find personal value.</p>","PeriodicalId":47418,"journal":{"name":"Law and Social Inquiry-Journal of the American Bar Foundation","volume":"43 1","pages":"4-27"},"PeriodicalIF":1.6,"publicationDate":"2017-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/lsi.12317","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124454419","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}
引用次数: 16
Anatomy of Judicial Backlash: Southern Leaders, Massive Resistance, and the Supreme Court, 1954–1958 司法反冲剖析:南方领导人、大规模抵抗和最高法院，1954-1958
IF 1.6 2区 社会学
Law and Social Inquiry-Journal of the American Bar Foundation Pub Date : 2017-09-13 DOI: 10.1111/lsi.12316
Ruth Bloch Rubin, Gregory Elinson
{"title":"Anatomy of Judicial Backlash: Southern Leaders, Massive Resistance, and the Supreme Court, 1954–1958","authors":"Ruth Bloch Rubin,&nbsp;Gregory Elinson","doi":"10.1111/lsi.12316","DOIUrl":"10.1111/lsi.12316","url":null,"abstract":"<p>Exploiting a range of archival materials, we argue that state-level variation in judicial backlash to <i>Brown</i> was as much the result of strategic choices by southern political elites as it was the ingrained prejudices of the region's white voters. Presenting case studies of massive resistance in Mississippi, Louisiana, Virginia, and Arkansas, we show that elite agency profoundly shaped the patchwork development of grassroots resistance to integration across the South. These findings challenge the prevailing view that backlash to <i>Brown</i> signaled the unequivocal triumph of racial conservatives. Rather, we argue that the region's response offered individual members of the southern elite significant autonomy to direct massive resistance in their home states. We also argue that southern lawmakers were responsible for the South's embrace of popular constitutionalism post-<i>Brown</i>, and thus that it may not have been “popular” at all. We conclude that studies of judicial backlash would do well to reevaluate the assumption that backlash is necessarily a grassroots phenomenon.</p>","PeriodicalId":47418,"journal":{"name":"Law and Social Inquiry-Journal of the American Bar Foundation","volume":"43 3","pages":"944-980"},"PeriodicalIF":1.6,"publicationDate":"2017-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/lsi.12316","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134036726","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}
引用次数: 3
The New Legal Realism and The Realist View of Law 新法律现实主义与现实主义法律观
IF 1.6 2区 社会学
Law and Social Inquiry-Journal of the American Bar Foundation Pub Date : 2017-08-24 DOI: 10.1111/lsi.12319
Hanoch Dagan, Roy Kreitner
{"title":"The New Legal Realism and The Realist View of Law","authors":"Hanoch Dagan,&nbsp;Roy Kreitner","doi":"10.1111/lsi.12319","DOIUrl":"10.1111/lsi.12319","url":null,"abstract":"<p>New legal realism (NLR) furthers the legal realist legacy by focusing attention on both the pertinent social science and the craft that typifies legal discourse and legal institutions. NLR's globalized ambitions also highlight the potential of a nonstatist view of law. The realist view of law raises three challenges facing NLR: identifying the “lingua franca” of law as an academic discipline within which NLR insights on translation and synthesis should be situated; conceptualizing NLR's focus on bottom-up investigation, so that it does not defy the rule of law; and recognizing the normative underpinning for NLR's reformist impulse.</p>","PeriodicalId":47418,"journal":{"name":"Law and Social Inquiry-Journal of the American Bar Foundation","volume":"43 2","pages":"528-553"},"PeriodicalIF":1.6,"publicationDate":"2017-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/lsi.12319","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115432281","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}
引用次数: 6
Elements of the Support Structure for Campaign Finance Litigation in the Roberts Court 罗伯茨法院竞选财务诉讼支持结构的要素
IF 1.6 2区 社会学
Law and Social Inquiry-Journal of the American Bar Foundation Pub Date : 2017-08-23 DOI: 10.1111/lsi.12314
Ann Southworth
{"title":"Elements of the Support Structure for Campaign Finance Litigation in the Roberts Court","authors":"Ann Southworth","doi":"10.1111/lsi.12314","DOIUrl":"10.1111/lsi.12314","url":null,"abstract":"<p>This article considers the organizations, financial patrons, and lawyers involved in two significant campaign finance cases decided by the Roberts Court: <i>Citizens United v. Federal Election Commission</i> and <i>McCutcheon v. Federal Election Commission</i>. The research indicates that these elements of the support structures for litigation on both sides of these cases, like the justices to whom they direct their advocacy, fall into well-defined opposing and partisan camps. It also suggests that strategic case selection on the challengers' side, the diversity of organizations supporting their positions, their network and coordination, and a simple and powerful frame around which to rally may have contributed to their success and to the Roberts Court's fundamental reshaping of campaign finance doctrine.</p>","PeriodicalId":47418,"journal":{"name":"Law and Social Inquiry-Journal of the American Bar Foundation","volume":"43 2","pages":"319-359"},"PeriodicalIF":1.6,"publicationDate":"2017-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/lsi.12314","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115899402","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}
引用次数: 2
Interpreting the 2004 Moroccan Family Law: Street-Level Bureaucrats, Women's Groups, and the Preservation of Multiple Normativities 解读2004年摩洛哥家庭法:街头官僚、妇女团体和多重规范的维护
IF 1.6 2区 社会学
Law and Social Inquiry-Journal of the American Bar Foundation Pub Date : 2017-08-18 DOI: 10.1111/lsi.12315
Dörthe Engelcke
{"title":"Interpreting the 2004 Moroccan Family Law: Street-Level Bureaucrats, Women's Groups, and the Preservation of Multiple Normativities","authors":"Dörthe Engelcke","doi":"10.1111/lsi.12315","DOIUrl":"10.1111/lsi.12315","url":null,"abstract":"<p>A decade after celebrating Morocco's 2004 family law as a social revolution, women's groups became dismayed by the persistence of minor marriage, polygyny, and marriage guardianship. Conventional explanations for why statutory law reform often fails to produce intended outcomes depart from the concept of the homogeneous state, pointing to insufficient enforcement mechanisms and cultural resistance to the new law within society. Arguing against this conceptualization, this article adopts the state-in-society approach. It compares how two types of street-level bureaucrats and secular and Islamist women's groups have engaged with the 2004 law. It finds that different groups have emphasized and rejected different categories and norms of the law. Street-level bureaucrats' interpretations have sometimes overlapped with those of civil society actors. The state is therefore not enforcing one normative order against cultural resistance from society; instead, different state actors are themselves actively involved in the production and preservation of multiple normativities.</p>","PeriodicalId":47418,"journal":{"name":"Law and Social Inquiry-Journal of the American Bar Foundation","volume":"43 4","pages":"1514-1541"},"PeriodicalIF":1.6,"publicationDate":"2017-08-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/lsi.12315","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121335578","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}
引用次数: 18
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