Law & Society Review最新文献_第7页

Stability justice: Petitioners versus non-petitioners in China's criminal adjudication 稳定正义:中国刑事审判中的上访与非上访

IF 2.9 2区社会学

Law & Society Review Pub Date : 2022-11-18 DOI: 10.1111/lasr.12633

Yuqing Feng, Yu Zeng

引用次数: 0

Turning on the lights? Publicity and defensive legal mobilization in protest-related trials in Russia 开灯?俄罗斯抗议相关审判中的宣传和防御性法律动员

IF 2.9 2区社会学

Law & Society Review Pub Date : 2022-11-18 DOI: 10.1111/lasr.12631

Renata Mustafina

{"title":"Turning on the lights? Publicity and defensive legal mobilization in protest-related trials in Russia","authors":"Renata Mustafina","doi":"10.1111/lasr.12631","DOIUrl":"10.1111/lasr.12631","url":null,"abstract":"How and to what extent do defense actors use publicity in trials of protesters in contemporary Russia? Why do they fight over strategic uses of publicity if “everything is decided in advance”? Drawing on original ethnographic research, this article finds, first, that publicity accompanies legal resistance to politicized prosecutions and is inventively used by the defense. Second, mobilization of publicity creates opportunities for the defense to bargain with and keep the prosecution in check. Third, the relationship between publicity and legal resistance in repressive settings is ambiguous. Some human rights lawyers embrace publicity and others avoid it. I argue that this divergence should be interpreted in relation to lawyers' embeddedness in different professional ecologies. At the same time, lawyers' publicity strategies are altered by the interactional dimension of the trial. The latter manifests itself on two levels: at the micro-level of a courtroom and in the public sphere where different publics engage in debates that interfere with lawyers' defense strategies. This paper has broader implications for the analysis of defensive legal mobilization in dual legal systems beyond the Russian case.","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":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lasr.12631","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124017084","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

Proof: Uses of evidence in law, politics, and everything else. By Frederick Schauer. Cambridge, MA: Harvard University Press, 2022. 320 pp. $29.95 hardcover. 证据:在法律、政治和其他方面使用证据。弗雷德里克·肖尔著。剑桥，马萨诸塞州:哈佛大学出版社，2022。320页，精装版29.95美元。

IF 2.9 2区社会学

Law & Society Review Pub Date : 2022-10-26 DOI: 10.1111/lasr.12634

Reviewed by Emily R. D. Murphy

引用次数: 0

How to not have to know: Legal technicalities and flagrant criminal offenses in Santiago, Chile 为什么不必知道:智利圣地亚哥的法律技术细节和明目张胆的刑事犯罪

IF 2.9 2区社会学

Law & Society Review Pub Date : 2022-08-04 DOI: 10.1111/lasr.12624

Javiera Araya-Moreno

{"title":"How to not have to know: Legal technicalities and flagrant criminal offenses in Santiago, Chile","authors":"Javiera Araya-Moreno","doi":"10.1111/lasr.12624","DOIUrl":"10.1111/lasr.12624","url":null,"abstract":"Drawing on ethnographic data gathered in lower criminal courts and in one unit of the Public Prosecutor's Office in Santiago, Chile, I explore the way in which criminal offenses considered flagrant are treated by the Chilean criminal justice system. Citing the literature on legal technicalities, I describe how flagrant criminal offenses are constructed through practices that make it possible for the actors involved to avoid directly referring to the alleged facts. From their identification on the streets by police officers to their reassignment to a different unit of the Public Prosecutor's Office or their adjudication at a criminal court, flagrant criminal offenses are defined by a specific way of approaching the alleged facts, which is translated into specific organizational and documentary practices. The role of these practices contrasts with the apparently marginal role that the detention in flagrante delicto plays in the mechanics of criminal law. As a technicality, the flagrant character of a criminal offense conveys certain epistemological assumptions about how to determine what happened and what exactly constitutes the criminal offense. More specifically, it conveys assumptions about what cannot, for the moment, be known and that can, therefore, be ignored throughout the bureaucratic and judicial process.","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2022-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116585931","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

Victim, perpetrator, neither: Attitudes on deservingness and culpability in immigration law 受害者，加害者，两者皆非:对移民法中罪责与罪责的态度

IF 2.9 2区社会学

Law & Society Review Pub Date : 2022-08-04 DOI: 10.1111/lasr.12619

Jamie Rowen, Scott Blinder, Rebecca Hamlin

{"title":"Victim, perpetrator, neither: Attitudes on deservingness and culpability in immigration law","authors":"Jamie Rowen, Scott Blinder, Rebecca Hamlin","doi":"10.1111/lasr.12619","DOIUrl":"https://doi.org/10.1111/lasr.12619","url":null,"abstract":"This study examines whether there is popular support for a restrictive immigration policy aimed at denying safe haven to human rights abusers and those affiliated with terrorism. We designed a public opinion survey experiment that asks respondents to evaluate whether low level or high-level Taliban members who otherwise qualify for refugee status deserve immigration benefits. We found that a majority of respondents did not immediately deny a visa to low-level worker. Looking at respondents' explanations for their decision, we find two distinct clusters of reasons that we classify as either circumstantial–focused on the particularities of the case–or categorical–focused on general attributes of the applicant. We suggest that domestic and international criminal law logics about acts and intentions, as well as roles and responsibilities, are reflected in beliefs about deservingness in this distinct immigration context, and may support more generous attitudes toward those seeking refugee status. Many respondents using circumstantial reasoning saw a distinction between the jobs potential immigrants have done in their pasts and what they actually believe, underscoring the fraught dynamics of armed conflict in which people may be swept up in violence they do not support.","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2022-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91798573","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

Racial equity in eligibility for a clean slate under automatic criminal record relief laws 根据自动犯罪记录救济法，种族平等的清白资格

IF 2.9 2区社会学

Law & Society Review Pub Date : 2022-08-04 DOI: 10.1111/lasr.12625

Alyssa C. Mooney, Alissa Skog, Amy E. Lerman

{"title":"Racial equity in eligibility for a clean slate under automatic criminal record relief laws","authors":"Alyssa C. Mooney, Alissa Skog, Amy E. Lerman","doi":"10.1111/lasr.12625","DOIUrl":"https://doi.org/10.1111/lasr.12625","url":null,"abstract":"States have begun to pass legislation to provide automatic relief for eligible criminal records, potentially reducing the lifelong collateral consequences of criminal justice involvement. Yet numerous historical examples suggest that racially neutral policies can have profoundly disparate effects across racial groups. In the case of criminal record relief, racial equity in eligibility for a clean slate has not yet been examined. We find that in California, one in five people with convictions met criteria for full conviction relief under the state's automatic relief laws. Yet the share of Black Americans eligible for relief was lower than White Americans, reproducing racial disparities in criminal records. We identify two policy amendments that would reduce the share of Black men in California with convictions on their criminal records from 22% to 9%, thereby narrowing the difference compared to White men from 15 to seven percentage points. Put another way, an additional one in seven Black men currently has a conviction record, compared to their White counterparts. This would decline to an additional one in 14 if both hypothetical policy amendments were incorporated. We close with discussion of criminal history data quality limitations, which pose a second key challenge to equitable implementation of automatic criminal record relief reforms nationwide.","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2022-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91798574","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

Immigration detention as a routine police measure: Discretionary powers in preemptive detention of noncitizens in Finland 作为例行警察措施的移民拘留:芬兰对非公民的先发制人拘留的自由裁量权

IF 2.9 2区社会学

Law & Society Review Pub Date : 2022-08-04 DOI: 10.1111/lasr.12621

Jukka Könönen

引用次数: 2

The diversity officer: Police officers' and black women civilians' epistemologies of race and racism in policing 多样性官员：警察和黑人女平民对警务中种族和种族主义的认识论。

IF 2.9 2区社会学

Law & Society Review Pub Date : 2022-08-04 DOI: 10.1111/lasr.12623

Shannon Malone Gonzalez, Samantha J. Simon, Katie Kaufman Rogers

{"title":"The diversity officer: Police officers' and black women civilians' epistemologies of race and racism in policing","authors":"Shannon Malone Gonzalez, Samantha J. Simon, Katie Kaufman Rogers","doi":"10.1111/lasr.12623","DOIUrl":"10.1111/lasr.12623","url":null,"abstract":"Diversifying police forces has been suggested to improve “police-minority relations” amidst national uprisings against police violence. Yet, little research investigates how police and black civilians—two groups invoked in discourse on “police-minority relations”—understand the function of diversity interventions. We draw on 100 in-depth interviews with 60 black women civilians and 40 police from various racial and ethnic backgrounds to explore how they understand the function of racial diversity in policing. Findings highlight discrepancies in how these two groups frame the utility of racial diversity in policing, revealing conflicting epistemologies of race and racism. Police draw on an epistemology of racial ignorance (Mills 1997, 2007, 2015) to selectively accommodate race-conscious critique while denying the history and power dynamics between the institution and minority communities. Conversely, black women civilians, grounded in a standpoint epistemology (Collins, 1986, 2009), emphasize the historical roots of policing, along with collective memories, and lived experiences to understand the relationship between the institution and minority communities. Through a comparative analysis of these frames, we theorize dominant/state-sponsored discourse on diversity and police-minority relations as form of racecraft (Fields & Fields 2012, 2014) that serves to legitimize negligible institutional change to policing in an era of renewed scrutiny of police racism.","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2022-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71487490","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

Relational legal consciousness and anticorruption: Lava Jato, social media interactions, and the co-production of law's detraction in Brazil (2017–2019) 关系法律意识与反腐败:巴西的Lava Jato、社交媒体互动和法律减值的共同产生(2017-2019)

IF 2.9 2区社会学

Law & Society Review Pub Date : 2022-08-04 DOI: 10.1111/lasr.12620

Fabio de Sa e Silva

{"title":"Relational legal consciousness and anticorruption: Lava Jato, social media interactions, and the co-production of law's detraction in Brazil (2017–2019)","authors":"Fabio de Sa e Silva","doi":"10.1111/lasr.12620","DOIUrl":"10.1111/lasr.12620","url":null,"abstract":"Starting in 2014, Brazilian politics was shaken up by the lava jato (LJ) operation, a law-centered anticorruption initiative. LJ unveiled a large corruption scheme in Brazil's national oil company Petrobras, which involved Petrobras directors, political party officials, and large construction companies. LJ was both disruptive and contentious. To some, it started a new chapter in Brazilian history, marked by greater respect for the “rule of law” and a collective “state of mind” concerned with “ending impunity” and building integrity in politics and businesses. To others, it contributed to undermining democracy and the rule of law, paving the way for an autocratic leader—the current Brazilian president Jair Bolsonaro. This article sheds further light on those discussions by looking at LJ as a site of “legal consciousness” production. Empirically, the article focuses on conversations generated by lead LJ prosecutors on a major social media platform (Facebook) from 2017 to 2019. Considering this body of data, the article addresses the question: “When prosecutors and ‘the people’ talked about LJ, what did they talk about?” My findings support the more skeptical views of the operation. The exchanges between LJ prosecutors and their Facebook followers supported the co-production of a cultural schema averse to the “rule of law.” These findings have implications for both legal consciousness and anticorruption research.","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2022-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122631533","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

Procedural justice for all? Legitimacy, just culture and legal anxiety in European civil aviation 人人享有程序公正?欧洲民航的合法性、公正文化和法律焦虑

IF 2.9 2区社会学

Law & Society Review Pub Date : 2022-08-04 DOI: 10.1111/lasr.12622

John Woodlock

引用次数: 0