Law & Social Inquiry最新文献_第2页

Credit Cars: Or How I Learned to Stop Worrying and Love Auto Loans 信用汽车：或者说我是如何学会停止担忧并爱上汽车贷款的

Law & Social Inquiry Pub Date : 2024-02-19 DOI: 10.1017/lsi.2024.2

Nicholas Tucker Reyes, Spencer Headworth

{"title":"Credit Cars: Or How I Learned to Stop Worrying and Love Auto Loans","authors":"Nicholas Tucker Reyes, Spencer Headworth","doi":"10.1017/lsi.2024.2","DOIUrl":"https://doi.org/10.1017/lsi.2024.2","url":null,"abstract":"Drawing on trade publications, contemporaneous newspaper stories, and other historical sources from the early twentieth-century United States, this article explains how installment plans overcame moral and business concerns to become the standard way people bought cars. Prominent figures in the automobile industry and financial institutions initially denounced the idea of selling cars on credit, and many banks declined to extend credit to would-be auto buyers. However, the relevant legal infrastructure heavily favored creditors, allowing them to circumvent usury laws and guaranteeing their right to repossess assets if borrowers missed payments. When the profit-making that these aspects of the law enabled became clear, moral objections to the idea of selling cars on credit yielded to a new moral consensus among powerful actors that valorized buying cars on credit and concentrated disapprobation on just those borrowers who defaulted on their payments. Thus, the characteristics of the legal infrastructure functionally presupposed the resolution of the erstwhile debate about the fundamental morality of selling cars on credit. Ultimately, lending practices building on the legal and moral foundation established in the early twentieth century led to the establishment of subprime auto lenders whose business model revolves around exorbitant interest rates, high fees, and aggressive repossession.","PeriodicalId":501328,"journal":{"name":"Law & Social Inquiry","volume":"39 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139953788","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

Anti-trafficking Chains: Analyzing the Impact of Transparency Legislation in the UK Construction Sector 反贩运链：分析英国建筑行业透明度立法的影响

Law & Social Inquiry Pub Date : 2024-02-14 DOI: 10.1017/lsi.2024.6

Tamar Barkay, Jonathan Davies, Irene Pietropaoli, Hila Shamir

{"title":"Anti-trafficking Chains: Analyzing the Impact of Transparency Legislation in the UK Construction Sector","authors":"Tamar Barkay, Jonathan Davies, Irene Pietropaoli, Hila Shamir","doi":"10.1017/lsi.2024.6","DOIUrl":"https://doi.org/10.1017/lsi.2024.6","url":null,"abstract":"A recurring conundrum lies at the heart of current anti-trafficking law and policy. Despite enormous efforts by civil society organizations, corporations, and governments to reduce human trafficking in supply chains, and the introduction of legislation in various countries that requires corporations to take active actions in this field, there is wide agreement that, so far, the desired change has not occurred. This article addresses this puzzle through studying the vibrant anti-trafficking activity in the UK construction sector that emerged following the enactment of the UK Modern Slavery Act 2015 (MSA). Applying socio-legal methods, the article unpacks the structural dynamics that shape the implementation of the MSA in the construction sector. We find that the Act exacerbates the imbalanced power relations between firms and anti-trafficking initiatives, positioning the latter as suppliers of modern slavery risk solutions that are dependent on corporate will and funding. The article demonstrates that anti-trafficking initiatives in the construction sector largely follow a “supply chain logic” that significantly limits their capacities to transform corporate behavior. We develop the notion of “anti-trafficking chains” to describe the dynamics of anti-trafficking activities in supply chains and to problematize the entanglement of anti-trafficking actors in supply chain power structure and logic.","PeriodicalId":501328,"journal":{"name":"Law & Social Inquiry","volume":"30 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139771938","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 Ability of Human Rights to Limit the State’s Power to Punish in Europe: Connecting Prison and Mental Health Policies through the Concept of “Transpolicies” 欧洲人权限制国家惩罚权力的能力：通过 "透明政策 "概念连接监狱与心理健康政策

Law & Social Inquiry Pub Date : 2024-01-29 DOI: 10.1017/lsi.2023.81

Gaëtan Cliquennois, Sonja Snacken

{"title":"The Ability of Human Rights to Limit the State’s Power to Punish in Europe: Connecting Prison and Mental Health Policies through the Concept of “Transpolicies”","authors":"Gaëtan Cliquennois, Sonja Snacken","doi":"10.1017/lsi.2023.81","DOIUrl":"https://doi.org/10.1017/lsi.2023.81","url":null,"abstract":"While scholars have pointed out the factors determining the impediments to and efficacy of international human rights rules, poor attention has been paid to human rights violations relating to transfers between prison and psychiatric detention. There is a lack of intersection of policy spheres in this regard that should be remedied. Our contribution aims to challenge traditional sociolegal boundaries by integrating the intersection of policy and subdisciplines that cover penal justice (prison and police stations), psychiatric institutions, and human rights. Raising the question of human rights’ ability to limit the state’s power to punish in Europe compels us to explore different forms of “transinstitutionalization,” especially between prisons and psychiatric institutions and between prisons and immigration detention centers that present as “total institutions” (hosting populations perceived to be “deviant”), and share many similarities, including the risk of human rights violations. We forge the concept of “transpolicies” to take into account the mutual influence and the domino effects of such detention policies that are acknowledged, and both promoted and fought, by the European human rights institutions. In the empirical part, we focus on the increasing interactions between prison and mental health policies, taking Belgium as an example as it is known to raise specific human rights challenges.","PeriodicalId":501328,"journal":{"name":"Law & Social Inquiry","volume":"30 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139584457","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

Transforming “Transformative Accommodation”: Palestinian-Muslim Women’s Maintenance Suits as a Case Study 变革性包容"：巴勒斯坦穆斯林妇女的赡养服案例研究

Law & Social Inquiry Pub Date : 2024-01-23 DOI: 10.1017/lsi.2023.64

Wejdan Hleihel, Ido Shahar, Karin Carmit Yefet

引用次数: 0

A Fair Process Matters: The Relationship between Public Participation and Constitutional Legitimacy 公平程序很重要：公众参与与宪法合法性之间的关系

Law & Social Inquiry Pub Date : 2024-01-12 DOI: 10.1017/lsi.2023.82

Ran Hirschl, Alexander Hudson

{"title":"A Fair Process Matters: The Relationship between Public Participation and Constitutional Legitimacy","authors":"Ran Hirschl, Alexander Hudson","doi":"10.1017/lsi.2023.82","DOIUrl":"https://doi.org/10.1017/lsi.2023.82","url":null,"abstract":"Public participation is widely considered to be an indispensable part of contemporary constitution-making processes, largely because it is thought to create a sense of public ownership of the new constitution. However, as recent research has shown that public participation has little actual impact on the content of the constitution, this supposed link is puzzling. How can ineffective participation contribute to public support for the constitution? We address this puzzle by subjecting it to experimental tests. In two recontact survey experiments conducted across six countries, we empirically tested the effects of various forms of participation at the constitution drafting stage and their concrete impact on public support for the constitution. We found that the act of participating in itself has little effect on support for the constitution but that broader cues that give the impressions of a fair process can have significant positive effects. This indicates that participation in constitution drafting can increase public support for a constitution regardless of the extent to which it has an impact on the constitutional text and that the appearance of a fair process is the link between participation and support.","PeriodicalId":501328,"journal":{"name":"Law & Social Inquiry","volume":"16 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139463024","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 Supreme Court and the Allocation of Burden: Truncating the Voting Rights Act 最高法院与责任分配：截断《投票权法案

Law & Social Inquiry Pub Date : 2024-01-02 DOI: 10.1017/lsi.2023.80

Warren Snead

{"title":"The Supreme Court and the Allocation of Burden: Truncating the Voting Rights Act","authors":"Warren Snead","doi":"10.1017/lsi.2023.80","DOIUrl":"https://doi.org/10.1017/lsi.2023.80","url":null,"abstract":"The US Supreme Court’s decision in Shelby County v. Holder and subsequent legislative failures to restore the Voting Rights Act (VRA) have alerted scholars to the precarity of federal voting rights and the importance of the Supreme Court to its implementation. I argue, however, that the court has exercised outsized influence on the administration and development of the VRA long before Shelby County, consistently advancing the goals of the Act’s opponents. Using statutory interpretation, the court has shifted both administrative and political burdens from VRA skeptics to its supporters, gradually undermining the efficacy of the law. Administratively, the court has made it harder to implement and enforce the VRA by raising evidentiary standards and narrowing the scope of section 2 and section 5. Making the VRA more burdensome to administer also creates new political burdens for the Act’s supporters, who must navigate a veto-riddled legislative process to reverse unfavorable Court decisions. As a result, the Court has made it more difficult to effectively use sections 2 and 5 to combat racial discrimination in territorial annexations, redistricting, and ballot access. These findings demonstrate yet another instance of the Supreme Court wielding its statutory authority to reshape public policies and illustrate the judicialization of the VRA.","PeriodicalId":501328,"journal":{"name":"Law & Social Inquiry","volume":"45 9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139078105","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

Uncertainty and Condemnation. An Experimental Study on Lay and Expert Intuitions Regarding the Object of Criminal Punishment 不确定性与谴责。关于刑罚对象的外行和内行直觉的实验研究

Law & Social Inquiry Pub Date : 2024-01-02 DOI: 10.1017/lsi.2023.73

Piotr Bystranowski, Bartosz Janik, Maciej Próchnicki

{"title":"Uncertainty and Condemnation. An Experimental Study on Lay and Expert Intuitions Regarding the Object of Criminal Punishment","authors":"Piotr Bystranowski, Bartosz Janik, Maciej Próchnicki","doi":"10.1017/lsi.2023.73","DOIUrl":"https://doi.org/10.1017/lsi.2023.73","url":null,"abstract":"The object of criminal punishment (what exactly an offender is punished for) is a central construct of criminal law theory, but it remains hard to identify in many contexts. This is especially relevant in the case of proxy crimes—offenses that criminalize behavior that does not seem wrongful per se but stands in for some other hard-to-prove wrongdoing. What is the object of punishment imposed on a person convicted of a proxy crime? Is it the criminalized conduct itself or the primary wrongdoing (which could not have been proven)? Our experimental study demonstrates that people tend to find a defendant guilty of a proxy crime most frequently when there is an indication of the primary wrongdoing as opposed to being charged with a primary offense in the context of the same evidence and being charged with a proxy in the absence of suspicion of the primary offense. However, we find evidence of discrepancies between laypeople and legal experts: the former seeing the object of punishment in a rather naively legalistic way, and the latter adhering to an instrumental vision. This challenges theories that postulate that the task of criminal law is to send messages that are understandable to both legal officials and citizens.","PeriodicalId":501328,"journal":{"name":"Law & Social Inquiry","volume":"33 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139078099","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

Opening the Gender Box: Legibility Dilemmas and Gender Data Collection on U.S. State Government Forms 打开性别盒子：美国州政府表格的可读性困境与性别数据收集

Law & Social Inquiry Pub Date : 2024-01-02 DOI: 10.1017/lsi.2023.44

Ari Ezra Waldman

{"title":"Opening the Gender Box: Legibility Dilemmas and Gender Data Collection on U.S. State Government Forms","authors":"Ari Ezra Waldman","doi":"10.1017/lsi.2023.44","DOIUrl":"https://doi.org/10.1017/lsi.2023.44","url":null,"abstract":"US states collect sex and gender data on official government forms to understand, identify, classify, and surveil populations. These forms’ gender boxes—sets of questions about sex, gender, and gender identity paired with a wide variety of answer options—can mean the difference between legibility and erasure or between surveillance and privacy. They also create classic disclosure and legibility dilemmas that disproportionately burden transgender, nonbinary, gender-nonconforming, and intersex individuals. And yet, the socio-legal forces determining the design of these gender boxes have been insufficiently studied. Documents obtained through public records requests and interviews with civil servants responsible for form design demonstrate that gender box design stems from the competing yet mostly inertial pressures that define the socio-legal contexts of street-level bureaucracy. In other words, gender boxes are products of the institutional, technological, political, and social contexts in which they are designed. Specifically, gender boxes look the way they do because they are subject to the effects of bureaucratic processes, social networks, expertise, intergovernmental dependence, norms, path dependencies, and technologies, with implications for research and advocacy.","PeriodicalId":501328,"journal":{"name":"Law & Social Inquiry","volume":"20 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139078553","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

Exploring Litigation, Court Rulings, and Legal Mobilization in Response to Death and Suicide from Overwork: Implications for Labor Law Reform Policy Making in Japan 探讨应对过劳死和自杀的诉讼、法院裁决和法律动员：对日本劳动法改革决策的启示

Law & Social Inquiry Pub Date : 2023-12-14 DOI: 10.1017/lsi.2023.78

Adrienne Sala

引用次数: 0

Are You Talking to Me? How Ideological and Gender Characteristics Moderate the Effect of Legitimizing Rhetoric on SCOTUS Legitimacy 你是在跟我说话吗？意识形态和性别特征如何调节合法化言论对上院合法性的影响

Law & Social Inquiry Pub Date : 2023-12-14 DOI: 10.1017/lsi.2023.69

Ryan J. Williams, Leah Christiani

引用次数: 0