Law & Society Review最新文献_第6页

NGOs, international courts, and state backlash against human rights accountability: Evidence from NGO mobilization against Tanzania at the African Court on Human and Peoples' Rights 非政府组织、国际法院和国家对人权问责制的强烈反对：非政府组织在非洲人权和人民权利法院动员反对坦桑尼亚的证据

IF 2.9 2区社会学

Law & Society Review Pub Date : 2023-03-14 DOI: 10.1111/lasr.12639

Nicole De Silva, Misha Ariana Plagis

{"title":"NGOs, international courts, and state backlash against human rights accountability: Evidence from NGO mobilization against Tanzania at the African Court on Human and Peoples' Rights","authors":"Nicole De Silva, Misha Ariana Plagis","doi":"10.1111/lasr.12639","DOIUrl":"https://doi.org/10.1111/lasr.12639","url":null,"abstract":"When nongovernmental organizations (NGOs) encounter state resistance to human rights accountability, how do NGOs use international courts for their human rights advocacy strategies? Considering the overlapping phenomena of shrinking civic space within authoritarian, hybrid, and democratically backsliding regimes, and state backlash against international courts, NGOs navigate two potential levels of state backlash against human rights accountability. Building on the interdisciplinary scholarship on legal mobilization, we develop an integrated framework for explaining how states' two-level (domestic and international) backlash tactics can both promote and deter NGOs' strategic litigation at international human rights courts (IHRCs). States' backlash tactics can influence NGOs' opportunities, capacities, and goals for their human rights advocacy, and thus affect whether and how they pursue strategic litigation at IHRCs. We elucidate the value of this framework through case studies of NGOs' litigation against Tanzania at the African Court on Human and Peoples' Rights, an understudied IHRC. Drawing on an original data set, interviews, and documentation, we process-trace how Tanzania's various backlash tactics influenced whether and how NGOs litigated at the Court. Our framework and analysis show how state backlash against human rights accountability affects NGOs' mobilization at IHRCs and, relatedly, IHRCs' opportunities for influence.","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2023-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lasr.12639","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50132980","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}

引用次数: 1

Foreign agents or agents of justice? Private foundations, backlash against non-governmental organizations, and international human rights litigation 外国代理人还是司法代理人？私人基金会、反对非政府组织和国际人权诉讼

IF 2.9 2区社会学

Law & Society Review Pub Date : 2023-03-14 DOI: 10.1111/lasr.12642

Heidi Nichols Haddad, Lisa McIntosh Sundstrom

{"title":"Foreign agents or agents of justice? Private foundations, backlash against non-governmental organizations, and international human rights litigation","authors":"Heidi Nichols Haddad, Lisa McIntosh Sundstrom","doi":"10.1111/lasr.12642","DOIUrl":"https://doi.org/10.1111/lasr.12642","url":null,"abstract":"The premise of Russia's 2012 “Foreign Agents” Law, one of the first such laws restricting foreign funding for non-governmental organizations (NGOs), is that foreign monies equal foreign agendas. Since then, over 50 countries have adopted similar laws using a similar justification. This paper interrogates this claim of foreign donor influence through examining legal mobilization by human rights NGOs at the European Court of Human Rights (ECtHR). We track donor support for litigation by providing an overview of all foundation grant flows relating to strategic litigation for 2013–2014, and then matching the granting activities of two major U.S. foundations over 14 years to human rights NGO participation in cases before the ECtHR. Further, through case studies of Russian NGOs, we assess the causal role that donor support has played in facilitating their increased involvement in ECtHR litigation. The combined analysis indicates broad patterns of private foundation support to litigating NGOs, but uncovers no evidence that foreign donors were “pushing” NGOs toward litigation as a strategy, but instead more evidence suggesting that NGOs convinced donors to support human rights litigation. Despite the inaccuracy of the justification underpinning Russia's foreign agent law, the law threatens the survival of human rights organizations.","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2023-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lasr.12642","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50132685","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}

引用次数: 0

Death by prison: The emergence of life without parole and perpetual confinement. By Christopher Seeds. Oakland, CA: University of California Press, 2022. 288. $29.95 paperback 监狱之死：无假释终身监禁的出现。Christopher Seeds著。加利福尼亚州奥克兰：加利福尼亚大学出版社，2022年。288。29.95美元的平装本

IF 2.9 2区社会学

Law & Society Review Pub Date : 2023-03-14 DOI: 10.1111/lasr.12644

Reviewed by Ashley Nellis

引用次数: 0

Understanding the effects of jury service on jurors' trust in courts 了解陪审团服务对陪审员对法院信任的影响

IF 2.9 2区社会学

Law & Society Review Pub Date : 2022-11-18 DOI: 10.1111/lasr.12632

Liana Pennington, Matthew J. Dolliver

{"title":"Understanding the effects of jury service on jurors' trust in courts","authors":"Liana Pennington, Matthew J. Dolliver","doi":"10.1111/lasr.12632","DOIUrl":"10.1111/lasr.12632","url":null,"abstract":"Jury service is a positive, even transformative, experience for many jurors. Prior research establishes that jurors who deliberate on a court case develop more positive views of courts in the relatively short time of jury service, but we know little about the reasons underlying why these positive changes develop. This research focuses on changes in jurors' views after serving on criminal cases because jury service is one of the few opportunities community members have to participate directly in the criminal justice system, with jurors acting as the conscience of the community regarding the extent of prosecutorial power. Unlike most work using actual jurors, this research utilizes surveys with jurors both before and after jury service to understand how jury service brings about increased trust in courts. We examine the influence of three categories of potential factors, deliberating on a case, juror satisfaction, and jurors' attitudes relating to law and justice, finding all three categories work together to significantly predict whether jurors' trust in courts increases, decreases, or stays the same. Policy suggestions include developing innovative ways to capitalize on the positive and overall legitimizing aspects of jury service in criminal cases by increasing community members' meaningful involvement in the courts.","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2022-11-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131550518","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

Legal mobilization and branches of law: Contesting racialized policing in French courts 法律动员和法律分支:法国法院种族化警务的争论

IF 2.9 2区社会学

Law & Society Review Pub Date : 2022-11-18 DOI: 10.1111/lasr.12628

Magda Boutros

{"title":"Legal mobilization and branches of law: Contesting racialized policing in French courts","authors":"Magda Boutros","doi":"10.1111/lasr.12628","DOIUrl":"10.1111/lasr.12628","url":null,"abstract":"When activists use the law to promote social change, how does the branch of law (criminal law, civil law, etc.) matter for movement outcomes? To examine this question, the article builds on legal mobilization scholarship, and on a qualitative study comparing three litigation strategies to contest racialized policing in France: mobilizing criminal law to hold officers accountable for police killings, mobilizing civil law to sue the state for racial profiling, and combining criminal and civil law to contest racialized police harassment. The findings suggest that three characteristics of legal branches matter for legal mobilization: (i) the branch's dominant paradigm (e.g., punitive vs. compensatory) determines how the problem gets framed and which actors are blamed for it; (ii) the legal provisions of each branch shape which aspects of the problem get highlighted, and which are obscured; (iii) the procedural and evidentiary rules determine the extent to which activists and victims can intervene in the fact-finding process and thus how much they can influence the strength of their claims in court. When they mobilize the law, social change actors strategize around the opportunities and constraints of various branches of law, to try influencing judicial decisions and the media coverage of cases.","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2022-11-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116562172","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

Manifesting justice: Wrongfully convicted women reclaim their rights. By Valena Beety. New York: Kensington, 2022. 320 pp. $28.00 hardcover 彰显正义:被冤枉的妇女重获权利。瓦莱娜·贝蒂著。纽约:肯辛顿，2022年。320页，精装本28.00美元

IF 2.9 2区社会学

Law & Society Review Pub Date : 2022-11-18 DOI: 10.1111/lasr.12637

Reviewed by Lara Bazelon

引用次数: 0

Police matters: The everyday state and caste politics in South India, 1900–1975. By Radha Kumar. Ithaca: Cornell University Press, 2021. 225 pp. $19.95 paperback. 警察事务:1900-1975年，南印度的日常国家和种姓政治。作者:Radha Kumar。伊萨卡:康奈尔大学出版社，2021年。225页，平装本19.95美元。

IF 2.9 2区社会学

Law & Society Review Pub Date : 2022-11-18 DOI: 10.1111/lasr.12635

Reviewed by Anisha Thomas

引用次数: 0

Problematizing law, childhood and rights in Israel/Palestine. By Hedi Viterbo. Cambridge: Cambridge University Press, 2021. 370 pp. $110.00 hardback. 以色列/巴勒斯坦的法律、儿童和权利问题。作者:Hedi Viterbo剑桥:剑桥大学出版社，2021。370页，精装本110美元。

IF 2.9 2区社会学

Law & Society Review Pub Date : 2022-11-18 DOI: 10.1111/lasr.12636

Reviewed by Smadar Ben-Natan

引用次数: 0

The collateral consequences of criminal legal association during jury selection 陪审团选择过程中刑事法律关联的附带后果

IF 2.9 2区社会学

Law & Society Review Pub Date : 2022-11-18 DOI: 10.1111/lasr.12629

Matthew Clair, Alix S. Winter

{"title":"The collateral consequences of criminal legal association during jury selection","authors":"Matthew Clair, Alix S. Winter","doi":"10.1111/lasr.12629","DOIUrl":"10.1111/lasr.12629","url":null,"abstract":"How does a potential juror's association with the criminal legal system matter during jury selection? Growing scholarship examines statutory exclusions of people with felony convictions, sometimes characterizing felon-juror exclusion as a collateral consequence of mass incarceration. Less research has considered whether court officials seek to exclude potential jurors based on lower-level forms of contact or perceived association. We draw on interviews with 103 lawyers and judges in a Northeastern state to examine how court officials think about juror bias in relation to criminal legal association beyond felon status. We find that court officials often seek to remove people perceived to be offenders with lower-level forms of system association as well as people perceived to be crime victims. These exclusionary efforts extend to also exclude perceived offenders' and victims' social networks. These practices are racialized and gendered, likely contributing to the systematic exclusion of marginalized racial/ethnic groups and women. This article expands the collateral consequences literature in two ways: first, by revealing how collateral consequences can be conceptualized not just in relation to people criminalized by the law but also in relation to those whom the law constructs as victims; and second, by underscoring how collateral consequences feed back into the system to reproduce its unequal administration.","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2022-11-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126671238","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

“Maybe we should take the legal ways”: Citizen engagement with lower state courts in post-war northern Uganda “也许我们应该采取法律途径”:战后乌干达北部的公民参与下级州法院

IF 2.9 2区社会学

Law & Society Review Pub Date : 2022-11-18 DOI: 10.1111/lasr.12630

Anna Macdonald, SJ Cooper-Knock, Julian Hopwood

引用次数: 0