Law & Social Inquiry最新文献

Agency Entrenchment: Sociological Legitimacy in a Politically Contested Occupation 机构巩固：政治争议职业中的社会学合法性

Law & Social Inquiry Pub Date : 2024-09-19 DOI: 10.1017/lsi.2024.29

Dylan Farrell-Bryan

{"title":"Agency Entrenchment: Sociological Legitimacy in a Politically Contested Occupation","authors":"Dylan Farrell-Bryan","doi":"10.1017/lsi.2024.29","DOIUrl":"https://doi.org/10.1017/lsi.2024.29","url":null,"abstract":"This study investigates how agents in contested occupations justify and legitimize their work. It examines Immigration and Customs Enforcement (ICE) attorneys who prosecute immigrant removal cases on behalf of the federal government, delving into the narrative strategies that attorneys use to attain self-legitimacy within the agency. While existing literature suggests that self-legitimacy stems from either public support or an intrinsic belief in one’s deservingness of power, this study introduces a third pathway to self-legitimacy, agency entrenchment, in which government prosecutors draw on a highly internalized sense of patriotism and a duty to their organizational role, in the face of heightened public protest and changing administrative priorities. Analyzing forty in-depth interviews with ICE attorneys, this study identifies two primary approaches to agency entrenchment. The first is a bureaucratic approach, in which attorneys derive an internalized sense of duty from the existing law. The second is an enforcement approach, in which attorneys derive moral authority from what they see as their protector status. By deploying these narratives of self-legitimacy, ICE prosecutors attempt to resolve perceived conflicts between their legally mandated responsibilities and the ethical and reputational criticisms they encounter. The findings contribute to the broader understanding of the occupational dynamics between political polarization and law enforcement prosecution.","PeriodicalId":501328,"journal":{"name":"Law & Social Inquiry","volume":"42 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-09-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142251269","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Atrato River as a Bearer and Co-creator of Rights: Unveiling Black People’s Legal Mobilization Processes in Colombia 阿特拉托河是权利的承载者和共同创造者：揭示哥伦比亚黑人的法律动员过程

Law & Social Inquiry Pub Date : 2024-09-19 DOI: 10.1017/lsi.2024.31

María Ximena González-Serrano

{"title":"The Atrato River as a Bearer and Co-creator of Rights: Unveiling Black People’s Legal Mobilization Processes in Colombia","authors":"María Ximena González-Serrano","doi":"10.1017/lsi.2024.31","DOIUrl":"https://doi.org/10.1017/lsi.2024.31","url":null,"abstract":"In 2016, Colombia’s Constitutional Court recognized the Atrato River as the first water body in Latin America to have its own rights. This article interrogates the historical roots of the judicial decision declaring the river a rights holder. Drawing on my long-term engagement with social organizations as an activist, lawyer, and then researcher, I illuminate the influence of Black people from the Atrato River in the transformation of law in at least three areas: ethnic territorial rights, transitional justice, and river rights. To do so, I combine interdisciplinary theoretical critique with socio-legal research using community-based and autoethnographic approaches to trace the community methods and historical practices of political contestation deployed along the rivers. Thus, I conceptualize how an organic and distinctive style of claiming and creating rights has been constructed in the basin. Moreover, by listening to the voices of the riverine representatives, I argue that the river is a nonhuman existence that has participated in the processes of rights-making in conjunction with local communities and a broader mosaic of allied actors. However, I also outline how legal systems still function to overlook crucial socio-legal claims of marginalized and resistant communities.","PeriodicalId":501328,"journal":{"name":"Law & Social Inquiry","volume":"65 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-09-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142251268","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Paradox of Sanctuary: How Punitive Exceptions Converge to Criminalize and Punish Latinos/as 避难所的悖论：惩罚性例外如何汇聚成对拉美裔的定罪和惩罚

Law & Social Inquiry Pub Date : 2024-09-18 DOI: 10.1017/lsi.2024.11

Enrique Alvear Moreno

{"title":"The Paradox of Sanctuary: How Punitive Exceptions Converge to Criminalize and Punish Latinos/as","authors":"Enrique Alvear Moreno","doi":"10.1017/lsi.2024.11","DOIUrl":"https://doi.org/10.1017/lsi.2024.11","url":null,"abstract":"Sanctuary cities define themselves as metropoles that refuse to share information, personnel, and facilities with federal immigration authorities to police immigrants. While research suggests that sanctuary cities contest the criminalization of migration, a growing literature depicts how these urban sanctuaries could, in practice, perpetuate hierarchies and exclusionary politics against noncitizens. Yet, most of these studies conceive of urban sanctuary as local policies designed to challenge federal power and, thus, fail to fully capture how sanctuary policies could actually rely on the criminalization of migration to govern cities’ political problems. Drawing upon 1,900 pages of archival materials and 100 newspaper articles, this article takes the case of Chicago to study how and why the urban sanctuary expands immigrants’ rights while reinforcing policing with punitive implications for Latino “undeserving” noncitizens. As a form of racialized governance, I argue that Chicago’s sanctuary policies activate a set of punitive exceptions that—in response to distinct political urgencies—allow law and immigration enforcement to converge and control Latino undocumented workers, “criminals,” and “gangs.” This study not only challenges the premise that sanctuary cities necessarily resist federal power but also illustrates how they could strengthen the legitimacy of the state and racialized police power.","PeriodicalId":501328,"journal":{"name":"Law & Social Inquiry","volume":"38 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142251272","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

“You Don’t Need a Rocket Scientist to Figure Out What Could Happen”: Reasoning Practices in Police Use of Force Trials "你不需要火箭科学家也能想出可能发生的事情"：警察使用武力审判中的推理实践

Law & Social Inquiry Pub Date : 2024-09-18 DOI: 10.1017/lsi.2024.19

Carmen Nave, Albert J. Meehan, Ann Marie Dennis

引用次数: 0

The Legal Realists on Political Economy 政治经济学的法律现实主义者

Law & Social Inquiry Pub Date : 2024-09-18 DOI: 10.1017/lsi.2024.20

Dan Priel

{"title":"The Legal Realists on Political Economy","authors":"Dan Priel","doi":"10.1017/lsi.2024.20","DOIUrl":"https://doi.org/10.1017/lsi.2024.20","url":null,"abstract":"Alongside the well-known jurisprudential ideas associated with legal realism, some scholars have highlighted the realists’ political-economic ideas. Best known among them has been Morton Horwitz, who has argued that the realists launched an “attack on the legitimacy of the market.” Other scholars challenged this view and argued that there was no significant connection between legal realism and political economic ideas. I offer a corrective to both views. I first consider the work of five legal realists (Karl Llewellyn, Adolf Berle, William O. Douglas, Jerome Frank, and Thurman Arnold) and show that all held views that were well within the political-economic mainstream of their era, which did not challenge the legitimacy of market capitalism but wanted to see markets better regulated. I also show that for many of these realists, there were important connections between their jurisprudential and political-economic ideas. I then turn to some neglected writings of Felix Cohen to show that he too saw a direct link between his legal and economic ideas. However, unlike the other legal realists discussed here, he was a radical critic of market capitalism. I use his political-economic writings for a reconsideration of his better-known jurisprudential works.","PeriodicalId":501328,"journal":{"name":"Law & Social Inquiry","volume":"25 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142251271","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The False Marking Gold Rush: A Case Study of the Private Enforcement of Public Laws 虚假标识淘金热：私人执行公共法律的案例研究

Law & Social Inquiry Pub Date : 2024-09-18 DOI: 10.1017/lsi.2024.30

Zachary D. Clopton

{"title":"The False Marking Gold Rush: A Case Study of the Private Enforcement of Public Laws","authors":"Zachary D. Clopton","doi":"10.1017/lsi.2024.30","DOIUrl":"https://doi.org/10.1017/lsi.2024.30","url":null,"abstract":"Federal law prohibits deceiving the public by falsely marking an item as patented. The “false marking” prohibition has been enforced primarily by private lawsuits on behalf of the United States, with the party plaintiff and the government splitting the penalty. When a court decision dramatically increased the potential recovery for false marking claims, lawyers pounced immediately, filing more cases per week than had previously been filed in years. Indeed, many lawyers who did not previously work on patent cases joined the fray. Within two years, Congress eliminated this type of false marking suit and terminated all pending cases. Using empirical data, interviews with lawyers, legislative history, litigation documents, and news sources, this article tells the instructive history of false marking litigation. This history shows that the supply of private enforcement—lawsuits by private parties to enforce laws in the public interest—is sensitive to market forces. It also shows that, even when concentrated interests encourage Congress to cut back on private enforcement, Congress does not move as quickly as the bar. This matters because once Congress authorizes private enforcement, the maintenance of that system depends on judges and lawyers interpreting private enforcement statutes.","PeriodicalId":501328,"journal":{"name":"Law & Social Inquiry","volume":"53 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142251270","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Revisiting the Concept of Voice: Expression of Grievances across the English and Welsh National Health Service 重新审视 "声音 "的概念：英国和威尔士国民健康服务中的申诉表达

Law & Social Inquiry Pub Date : 2024-04-05 DOI: 10.1017/lsi.2024.7

Linda Mulcahy

引用次数: 0

How the Public Became the Caller: The Emergence of Reactive Policing, 1880–1970 公众如何成为报警者：反应式警务的出现，1880-1970 年

Law & Social Inquiry Pub Date : 2024-04-04 DOI: 10.1017/lsi.2024.9

Jessica W. Gillooly, David Thacher

{"title":"How the Public Became the Caller: The Emergence of Reactive Policing, 1880–1970","authors":"Jessica W. Gillooly, David Thacher","doi":"10.1017/lsi.2024.9","DOIUrl":"https://doi.org/10.1017/lsi.2024.9","url":null,"abstract":"Why is the police role so broad in the United States today? Carceral state scholars have investigated how and why policymakers have treated so many social problems as policing problems, but they have not yet recognized the degree to which the call-for-service system has marginalized political control over police strategy. This Article traces the historical sources of this arrangement through extensive archival research into its evolution. We find that over the course of the twentieth century, the rise of new communications technologies gradually shifted the power to decide which problems are proper subjects of police attention to private individuals, eventually channeling their demands through centralized call centers that had been stripped of the authority and contextual knowledge needed to govern them in a meaningful way. That process fundamentally altered the character of public oversight over policing, elevating a distinctive set of individual interests as largely unchallenged determinants of the kinds of situations that are policeable. By illustrating how sociotechnical change unintentionally reallocated the authority to define the scope of an important institution’s mandate, this case sheds new light on the factors that shape the police role and the role the public plays in defining it.","PeriodicalId":501328,"journal":{"name":"Law & Social Inquiry","volume":"298 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140587033","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Patchwork Protection: The Politics of Prisoners’ Rights Accountability in the United States 拼凑保护：美国的囚犯权利问责政治

Law & Social Inquiry Pub Date : 2024-03-07 DOI: 10.1017/lsi.2024.4

Heather Schoenfeld, Kimberly Rhoten, Michael C. Campbell

{"title":"Patchwork Protection: The Politics of Prisoners’ Rights Accountability in the United States","authors":"Heather Schoenfeld, Kimberly Rhoten, Michael C. Campbell","doi":"10.1017/lsi.2024.4","DOIUrl":"https://doi.org/10.1017/lsi.2024.4","url":null,"abstract":"In recent years US prisons have failed to meet legally required minimum standards of care and protection of incarcerated people. Explanations for the failure to protect prisoners in the United States focus on the effects of the Prison Litigation Reform Act (PLRA) and lack of adequate external oversight. However, very little scholarship empirically examines how different systems of accountability for prisoners’ rights work (or do not work) together. In this article, we introduce an accountability framework that helps us examine the prisoners’ rights “accountability environment” in the United States. We then compare two post-PLRA case studies of failure to protect incarcerated women from sexual assault in two different states. We find that the prisoners’ rights accountability environment is a patchwork of legal, bureaucratic, professional, and political systems. The patchwork accountability environment consists of a web of hierarchical and interdependent relationships that constrain or enable accountability. We argue that ultimately the effectiveness of prisoners’ rights accountability environments depends on whether protecting prisoners’ rights aligns with the priorities of dominant political officials. Our argument has implications for efforts to improve prison conditions and incarcerated people’s well-being.","PeriodicalId":501328,"journal":{"name":"Law & Social Inquiry","volume":"85 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140057545","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Don’t Call It a Failure: Systemic Risk Governance for Complex Financial Systems 不要称之为失败：复杂金融系统的系统性风险治理

Law & Social Inquiry Pub Date : 2024-03-05 DOI: 10.1017/lsi.2024.8

Giuliano G. Castellano

{"title":"Don’t Call It a Failure: Systemic Risk Governance for Complex Financial Systems","authors":"Giuliano G. Castellano","doi":"10.1017/lsi.2024.8","DOIUrl":"https://doi.org/10.1017/lsi.2024.8","url":null,"abstract":"The probability that an event will avalanche into an impairment of essential services constitutes a “systemic risk.” Owing to the inherent complexities of modern societies, the outbreak of a novel disease or the failure of a financial institution can rapidly escalate into an impact significantly larger than the initial event. Through the lens of complex system theory, this article draws a parallel between financial crises and disasters to contend that the regulatory framework for financial systemic risk is unequipped to address its fundamental dynamics. Epitomized by the market failure rationale, financial regulation is premised on a reductionist view that purports both systemic risk and law as external to the actions of market participants. Conversely, this article advances a twofold conceptual framework. First, it shows that systemic risk emerges from the same complex dynamics that generate the financial system. Second, it understands law as an agent of complexity, thus contributing to the emergence of finance and its inherent instability. Normatively, this conceptual framework reveals the limits of current regulatory approaches and constructs a holistic risk governance framework that is akin to the one adopted to govern disaster risks.","PeriodicalId":501328,"journal":{"name":"Law & Social Inquiry","volume":"49 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140037073","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0