Law & Society Review最新文献

{"title":"Protection from refuge: From refugee rights to migration management. By Kate Ogg. Cambridge: Cambridge University Press, 2022. 215 pp. $110.00 hardcover","authors":"Reviewed by Xander Creed, Dr. Jeff Handmaker","doi":"10.1111/lasr.12656","DOIUrl":"https://doi.org/10.1111/lasr.12656","url":null,"abstract":"<p>In <i>Protection from Refuge: From Refugee Rights to Migration Management</i>, Ogg adeptly traces the evolution of refugee law and protection through persistent legal mobilization. She spans two decades of refugee litigation and traverses across multiple, pluralistic legal regimes, taking account of judgments of courts from the North American, European, and African continents. This ambitious project sets out to understand what the legal concept of refuge is, and how (legal) decision-makers conceptualize and decide to litigate such a notion. In this way, Ogg shows how decision-makers engage with the concept of refuge, conceptualize disparate protection needs or vulnerabilities, and dispense or withhold “the remedy: refuge” (p. 194), finding that, over time, refuge has become increasingly held out of reach, but through sustained legal mobilization, also has the potential to become more broadly attainable.</p><p>Ogg structures the book's findings across eight chapters, each of which has its own focus and well-structured subsections, drawing on a wide database of case law to dissect the understandings, rationale and justifications upheld by decision-makers. In Chapter 1, Ogg sets the stage, outlining the academic, legal and societal context, methods used, theoretical toolkit, and scope. Notably, she includes the perspectives of those seeking refuge, drawing on several memoirs published. In doing so, she both gives a voice to refugees, while avoiding the frequent re-traumatization and/or exploitation that refugees can experience in the research process. The rich experiential contributions are presented alongside academic and legal conceptions of refuge. In Chapter 2, Ogg outlines the debates around refuge as concept and place, engaging with the history of “refuge” in a societal and legal sense, as well as the function of refuge, both in its idealized conception and real-world application. Refuge, concludes Ogg, can be understood as having “restorative, regenerative and palliative functions that address refugees' past, present and future” (p. 54) but are not always present in practice. In this way, the book appeals to a broad audience, from students and newcomers to dialogues around refugee law, to more experienced legal scholars and practitioners.</p><p>Drawing on a feminist framework, Ogg addresses the crucial role of an intersectional and gender-sensitive approach to litigating refugee law, which resonates with the life and work of legendary scholar-practitioners such as the late Rhonda Copelon (Zarkov et al., <span>2011</span>). Illustrative of this approach, in Chapter 3 Ogg draws attention to the gendered and intersectional aspects of decision-makers' application of categorical, experiential, or blended categorical and experiential reasoning, while simultaneously examining the particular vulnerabilities of women. Accordingly, she shows how the parent–child relationship plays out in the Kenyan courtroom with regards to notions of refugeehood an","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"57 2","pages":"277-279"},"PeriodicalIF":2.9,"publicationDate":"2023-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lasr.12656","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50150505","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":"Spectacles and spectres: A performative theory of political trials. By Basak Ertür. New York: Fordham University Press, 2022. 228 pp. $30.00 paperback","authors":"Reviewed by Keally McBride","doi":"10.1111/lasr.12661","DOIUrl":"https://doi.org/10.1111/lasr.12661","url":null,"abstract":"","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"57 2","pages":"286-287"},"PeriodicalIF":2.9,"publicationDate":"2023-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50140680","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":"Sociology of law as the science of norms. By Håkan Hydén. London: Routledge, 2021. 338 pp. $170.00 hardcover","authors":"Reviewed by Sacharias Votinius","doi":"10.1111/lasr.12659","DOIUrl":"https://doi.org/10.1111/lasr.12659","url":null,"abstract":"","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"57 2","pages":"282-284"},"PeriodicalIF":2.9,"publicationDate":"2023-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50149675","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":"Face-work in Chinese routine criminal trials","authors":"Sitao Li","doi":"10.1111/lasr.12651","DOIUrl":"https://doi.org/10.1111/lasr.12651","url":null,"abstract":"<p>This article examines the performative aspect of face-to-face interactions among various legal actors and defendants in routine criminal trials in China. Using 105 trial videos as empirical data, the author develops a face-work framework to understand how an individual judge's “face”—signifying judges' legal and political roles, and their professional status—is established, protected, and enhanced during courtroom interactions. The study shows that the legal face of judges can be established by some characterizations of the nature of criminal trials such as the demarcation of legal space, the speed of the trial, and the apprising of rights to the defendants. Nevertheless, the legal face can also be disrupted by trial interactions due to judges' lack of judicial authority. Hence, Chinese judges maintain their authority through the establishment of their political face. They also use both their political face and legal face to establish their situational professional status. These interactions often lead to punitive and coercive measures against defendants in trials. While the article focuses on routine criminal trials in China, the face-work framework has the potential to explain courtroom interactions in other types of social contexts and legal proceedings.</p>","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"57 2","pages":"254-275"},"PeriodicalIF":2.9,"publicationDate":"2023-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50127819","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":"Outside the brackets: Why school administrators fail to see gendered harassment within an antibullying law","authors":"Jeffrey Lane,&nbsp;Hana Shepherd,&nbsp;Holly Avella,&nbsp;Aaron Martin","doi":"10.1111/lasr.12652","DOIUrl":"https://doi.org/10.1111/lasr.12652","url":null,"abstract":"<p>Much of school bullying involves students policing the gender roles and sexuality of other students. The proliferation of antibullying laws presents an opportunity to formally punish and mark gendered harassment as unacceptable. However, when this form of peer policing involves girls, administrators often consider it to fall outside the purview of the law. We use bracketing theory to understand how middle school administrators in New Jersey assess whether student behavior violates a statewide harassment, intimidation, and bullying law. We find that, according to administrators, violations require relational asymmetry between an aggressor and victim: an imbalance of power and disproportionate participation. Administrators rarely see gendered harassment as bullying because of the relational stereotypes they attach to girl students, which often preclude interpretations of relational asymmetry. We discuss how gender beliefs among administrators and “bracketing failures” explain the ways antibullying laws allow hegemonic beliefs about gender and sexuality to remain untroubled.</p>","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"57 2","pages":"234-253"},"PeriodicalIF":2.9,"publicationDate":"2023-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50127820","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":"Pluralism and local law in extraterritorial spaces","authors":"Annett Bochmann","doi":"10.1111/lasr.12641","DOIUrl":"https://doi.org/10.1111/lasr.12641","url":null,"abstract":"<p>Based on ethnographic research, this article shows how legal orders are being established in spaces where the state law is absent. The case of refugee camps—often discussed as sites of legal limbo and state of exception—seems to be a space of legal pluralism. However, when observing local legal practices, this pluralism is dissolved into a powerful local camp law. This characteristic type of legal order is produced by social camp-specific mechanisms, camp materiality as well as the remaking of pre-camp structures. Therefore, refugee camps should be viewed as extraterritorial spaces with a high degree of legal autonomy that enables and forces residents to create a local camp law. The findings of this study add to the literature of law and order in camps and to the debates on plural configurations in extraterritorial spaces.</p>","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"57 1","pages":"83-102"},"PeriodicalIF":2.9,"publicationDate":"2023-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lasr.12641","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50132682","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":"The politics of rights and southeast Asia. By Lynette Chua. Cambridge, UK: Cambridge University Press. 2022. 66 pp. $22.00 paperback","authors":"Reviewed by Thaatchaayini Kananatu","doi":"10.1111/lasr.12646","DOIUrl":"https://doi.org/10.1111/lasr.12646","url":null,"abstract":"","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"57 1","pages":"127-128"},"PeriodicalIF":2.9,"publicationDate":"2023-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50132979","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":"What makes an international institution work for labor activists? Shaping international law through strategic litigation","authors":"Filiz Kahraman","doi":"10.1111/lasr.12643","DOIUrl":"https://doi.org/10.1111/lasr.12643","url":null,"abstract":"<p>Studies on international legal mobilization often analyze the mobilization efforts of activists at a single international court. Yet we know little about how activists choose among multiple international institutions to advance social justice claims. Drawing on comparative case studies of Turkish and British trade union activists' legal mobilization efforts and case law analysis, I show that activists, guided by their lawyers, probe multiple avenues to identify the legal institution with the highest judicial authority and is most responsive to activists' claims. Once they identify their target institution, the iterative process between a responsive court and activists' strategic litigation can build a court's jurisprudence in a new issue area, even if the court provides limited de jure rights protections. Activists primarily use international litigation strategy to leverage structural reforms at the domestic level and to set new international norms through precedents.</p>","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"57 1","pages":"61-82"},"PeriodicalIF":2.9,"publicationDate":"2023-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50132981","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":"Surviving solitary: Living and working in restricted housing units. By Danielle S. Rudes, with Shannon Magnuson and Angela Hattery. Palo Alto, CA: Stanford University Press. 2022. 252 pp. $26 paperback","authors":"Reviewed by Natalie Pifer","doi":"10.1111/lasr.12645","DOIUrl":"https://doi.org/10.1111/lasr.12645","url":null,"abstract":"","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"57 1","pages":"125-127"},"PeriodicalIF":2.9,"publicationDate":"2023-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50132978","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":"The aftermath of enforcement episodes for the children of immigrants","authors":"Joanna Dreby,&nbsp;Eric Macias","doi":"10.1111/lasr.12640","DOIUrl":"https://doi.org/10.1111/lasr.12640","url":null,"abstract":"<p>For 30 years, U.S. immigration policy has increasingly focused on enforcement. This article goes beyond cataloging the harms of such policies to document the processes by which they become more or less salient in the lives of children of immigrants over time. In-depth interviews with 86 young adults raised in New York show that enforcement policies shape children's lives either through lived experiences of <i>enforcement episodes</i> or through <i>diffuse fears</i> arising from indirect threats. Qualitative analysis of narratives of (a) deportations post-incarceration, (b) removals, (c) arrests and detentions (d) direct threats, and (e) diffuse fears identifies characteristics related to each that may affect children even after they age into adulthood.</p>","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"57 1","pages":"103-123"},"PeriodicalIF":2.9,"publicationDate":"2023-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50132681","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}