Law & Social Inquiry最新文献_第3页

Protecting the Rights of Children and Young People in Detention: Evaluating Credibility and Effectiveness of Human Rights Monitoring Bodies 保护被拘留儿童和青少年的权利:评估人权监测机构的可信度和有效性

Law & Social Inquiry Pub Date : 2023-11-30 DOI: 10.1017/lsi.2023.72

Bronwyn Naylor

{"title":"Protecting the Rights of Children and Young People in Detention: Evaluating Credibility and Effectiveness of Human Rights Monitoring Bodies","authors":"Bronwyn Naylor","doi":"10.1017/lsi.2023.72","DOIUrl":"https://doi.org/10.1017/lsi.2023.72","url":null,"abstract":"The need to protect the rights of children and young people in detention is the subject of a recent United Nations study (Nowak 2019) and is highlighted by national and international controversies. This article examines the role of external monitoring in preventing the ill-treatment of children and young people in detention. Australia has until recently shown limited interest in protecting the rights of people in detention, but, in 2017, it finally ratified the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment (OPCAT). This article examines Australia’s steps to ensuring the effective monitoring of the rights of people in detention, specifically the rights of children and young people in criminal justice detention. As a federal state, Australia must establish a comprehensive network of monitoring bodies constituting OPCAT’s National Preventive Mechanism across nine jurisdictions and with a range of existing monitoring bodies. This article highlights the importance of the “monitoring of monitoring” to ensure the fair treatment of children and young people in correctional detention. It identifies factors relevant to the effectiveness and credibility of child-centered monitoring processes and analyzes the opportunities for maximizing both in the Australian context and globally.","PeriodicalId":501328,"journal":{"name":"Law & Social Inquiry","volume":"4 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138522743","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

(Re)constructing Prisoner Death Investigations: A Case Study of Suicide Investigations from England and Wales (再)囚犯死亡调查的建构:以英格兰和威尔士自杀调查为例

Law & Social Inquiry Pub Date : 2023-11-30 DOI: 10.1017/lsi.2023.75

Philippa Tomczak, Kaitlyn Quinn, Catherine Traynor, Lucy Wainwright

{"title":"(Re)constructing Prisoner Death Investigations: A Case Study of Suicide Investigations from England and Wales","authors":"Philippa Tomczak, Kaitlyn Quinn, Catherine Traynor, Lucy Wainwright","doi":"10.1017/lsi.2023.75","DOIUrl":"https://doi.org/10.1017/lsi.2023.75","url":null,"abstract":"Because states must rebut the presumption of responsibility, all prisoner deaths must be investigated. These investigations frequently illustrate the tip of an iceberg of rights abuses and systemic hazards but have largely escaped analysis in prison-monitoring scholarship. Focusing on suicides, we assemble some of the first evidence illustrating how the staff of the Prisons and Probation Ombudsman, who investigate prisoner deaths in England and Wales, seek to prevent further deaths. Ombudsman investigations are widely regarded as ineffective, yet there are competing constructions regarding why this is and what could be done to improve outcomes. As a result of organizational norms and constraints, ombudsman staff have offered narrow accounts of prisoner suicides, focusing on the failure of frontline staff to comply with prison policies. By contrast, prison staff and coroners have focused on systemic hazards or “accidents waiting to happen,” including imprisoning people with severe mental illness, illegal drugs, unsafe facilities, and inadequate staffing. These differing constructions lock penal actors into an unproductive cycle of blame shifting that contributes to high suicide numbers. We reconceptualize prisoner deaths as occurring at the intersection of systemic hazards, organizational contexts, and individual errors. We hope that this reconceptualization facilitates broader investigations that are more likely to prevent prisoner deaths.","PeriodicalId":501328,"journal":{"name":"Law & Social Inquiry","volume":"4 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138522740","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

Streets, Suites, and States: John Hagan’s Contributions to the Study of Law, Power, and Inequality 街道、套房和国家:约翰·哈根对法律、权力和不平等研究的贡献

Law & Social Inquiry Pub Date : 2023-11-27 DOI: 10.1017/lsi.2023.60

Ron Levi, Traci Burch, Robert L. Nelson

引用次数: 0

Toward a Sociology of International Law: John Hagan and Beyond 走向国际法社会学:约翰·哈根及其后

Law & Social Inquiry Pub Date : 2023-11-27 DOI: 10.1017/lsi.2023.54

Jens Meierhenrich

引用次数: 0

Darfur Model, Rwanda, and the ICTR: John Hagan’s Sociology of Genocide Continued 达尔富尔模式、卢旺达和卢旺达问题国际刑事法庭:约翰·哈根的种族灭绝社会学继续

Law & Social Inquiry Pub Date : 2023-11-27 DOI: 10.1017/lsi.2022.62

Joachim J. Savelsberg, Brooke B. Chambers

{"title":"Darfur Model, Rwanda, and the ICTR: John Hagan’s Sociology of Genocide Continued","authors":"Joachim J. Savelsberg, Brooke B. Chambers","doi":"10.1017/lsi.2022.62","DOIUrl":"https://doi.org/10.1017/lsi.2022.62","url":null,"abstract":"Core contributions from John Hagan’s scholarship on genocide are at stake in this article. First, this article examines, for the Rwandan genocide, the applicability of Hagan and Wenona Rymond-Richmond’s multi-level causal model of genocide, developed in Darfur and the Crime of Genocide. Asking how causal factors and processes highlighted in that model play out in scholarship on the Rwandan genocide, it moves toward answering the question of external validity versus historical specificity. Second, the article examines, again with a focus on Rwanda, the relationship between social scientific explanation and judicial thought. While it highlights—in line with the first author’s previous work—how judicial narratives address or select out core factors highlighted in the Darfur model, the article focuses—in line with Hagan’s Justice in the Balkans—on the question of what knowledge social science can nevertheless gain from court proceedings. An analysis of a sample of cases processed by the International Criminal Tribunal for Rwanda identifies overlaps with social science analyses, but it also highlights distinctions.","PeriodicalId":501328,"journal":{"name":"Law & Social Inquiry","volume":"29 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138542716","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

California Civil Asset Forfeiture and the Policing of Minority Residents 加州民事资产没收和少数民族居民的治安

Law & Social Inquiry Pub Date : 2023-11-27 DOI: 10.1017/lsi.2022.84

Jared Joseph, Bill McCarthy

{"title":"California Civil Asset Forfeiture and the Policing of Minority Residents","authors":"Jared Joseph, Bill McCarthy","doi":"10.1017/lsi.2022.84","DOIUrl":"https://doi.org/10.1017/lsi.2022.84","url":null,"abstract":"In Who Are the Criminals?, John Hagan argues that legislators use “crisis framing” to influence how the general public thinks about crime. President Ronald Reagan used reports of a drug use epidemic fueled by organized crime as part of his crisis framing. In 1984, he signed the Comprehensive Crime Control Act (CCCA) as part of his “war on drugs.” The CCCA allowed law enforcement to use civil asset forfeiture (CAF) to keep or sell property that it suspected was connected to illegal activity. State legislators followed suit and passed their own CAF laws. Some critics argue that law enforcements’ use of CAF has disproportionately targeted minority populations. We draw on racial threat theory to examine connections between the size of minority populations and the use of CAF in California. Our analysis uses nineteen years of CAF cases filed with the California Attorney General’s Office. Consistent with racial threat theory, we find a positive association between the number of forfeitures in a jurisdiction and a logged measure of the percentage of Black residents, net of crime, and other jurisdiction attributes. Our results support concerns that law enforcement has incorporated CAF as a technique used disproportionately against some minority communities.","PeriodicalId":501328,"journal":{"name":"Law & Social Inquiry","volume":"36 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138522739","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

Children of War Resisters: Intergenerational Transmission of Activism, Political Orientation, Injustice Frames, and Law Resistance 反战者的子女:激进主义、政治取向、不公正框架和法律抵抗的代际传递

Law & Social Inquiry Pub Date : 2023-11-27 DOI: 10.1017/lsi.2023.59

Wenona Rymond-Richmond

{"title":"Children of War Resisters: Intergenerational Transmission of Activism, Political Orientation, Injustice Frames, and Law Resistance","authors":"Wenona Rymond-Richmond","doi":"10.1017/lsi.2023.59","DOIUrl":"https://doi.org/10.1017/lsi.2023.59","url":null,"abstract":"American Vietnam War resisters participated in one of the largest politically motivated emigrations in US history. John Hagan provided the most comprehensive study of American war resisters living in Canada in his award-winning book Northern Passage. Hagan documented how law resistance intersected with social movement participation and sustained activism. In this article, I extend Hagan’s life course analysis of law resistance by interviewing fifty-one adult children of the war resisters originally in Hagan’s sample, supplemented with eighteen surveys completed by the parents about their child, producing eighty-two distinct parent-child relationship pairs. This unique intergenerational study finds that American war resister parents radically influenced their offspring’s activism. The adult children of war resisters highly resemble their parents’ political views and activism. Further, I elaborate on the concept of a participation identity to suggest four fundamental mechanisms that facilitate activism of the offspring of war resisters: (1) resonates with their identities and life histories; (2) inspired by their parents’ activism; (3) adoption of an injustice frame; and (4) optimism that social movements are effective vehicles of social change. This research demonstrates that American war resister children in Canada are both attitudinally disposed to, and structurally available for, activism.","PeriodicalId":501328,"journal":{"name":"Law & Social Inquiry","volume":"15 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138522737","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

Revolving Doors: Social Dimensions of Law Firm Culture and Pathways out of Firms 旋转门:律师事务所文化的社会维度和走出事务所的途径

Law & Social Inquiry Pub Date : 2023-11-27 DOI: 10.1017/lsi.2022.95

Fiona M. Kay

{"title":"Revolving Doors: Social Dimensions of Law Firm Culture and Pathways out of Firms","authors":"Fiona M. Kay","doi":"10.1017/lsi.2022.95","DOIUrl":"https://doi.org/10.1017/lsi.2022.95","url":null,"abstract":"A growing body of research suggests that contemporary law firms face challenges with the retention of legal talent—especially women and racialized lawyers. Yet, we know little about the conditions that prompt lawyers to leave law firms or where they go after leaving. This article builds on the scholarship of John Hagan, emphasizing the role of social capital in law firm culture, and work by Emmanuel Lazega, tracing dimensions of law firm collegiality—both with implications for lawyers’ careers within and beyond law firms. I draw on data from a twenty-seven-year longitudinal survey of Canadian lawyers. Using piecewise exponential survival models, I examine organizational, cultural, and individual factors that may encourage mobility from law firms. The study reveals a pervasive gender difference that is not explained by human capital, organizational characteristics, or individual traits. Results also demonstrate the importance of social capital and firm culture—specifically, the presence of workplace policies of flexible scheduling, lawyers’ sense of a good match with their firm, their satisfaction with status rewards, and finally, the role of mentors—in shaping the flow of legal talent from law firms to various job destinations.","PeriodicalId":501328,"journal":{"name":"Law & Social Inquiry","volume":"7 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138522741","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

Rethinking Inclusion: Ideal Minorities, Inclusion Cultures, and Identity Capitals in the Legal Profession 重新思考包容:理想的少数群体、包容文化和法律职业中的身份资本

Law & Social Inquiry Pub Date : 2023-11-27 DOI: 10.1017/lsi.2022.96

Swethaa S. Ballakrishnen

{"title":"Rethinking Inclusion: Ideal Minorities, Inclusion Cultures, and Identity Capitals in the Legal Profession","authors":"Swethaa S. Ballakrishnen","doi":"10.1017/lsi.2022.96","DOIUrl":"https://doi.org/10.1017/lsi.2022.96","url":null,"abstract":"Using preliminary observations from three parallel projects that employ a range of methods (network and content analysis, surveys, focus groups, and interviews), this article traces the experience of navigating different kinds of identity as useful capital within the legal profession. Identity is not the first kind of non-economic capital to influence professional navigation, but it is distinct in that it is owned and deployed primarily by minority actors. Adding to scholarship that has located the extensions for identity as capital, three interrelated contributions follow from this research. First, it reveals the prevalence of a diffuse field of diversity consciousness where, regardless of outcome, there is a sense that diversity is useful capital. Second, despite being notionally useful, these multi-method sources reveal the ways in which navigating such capital is simultaneously complicated for both actors within visible (e.g. race and perceived gender) and invisible (e.g. some disability, genderfluidity, and religion) identity categories. The isomorphic diversity posturing by organizations fosters a system where being a minority is seen as an advantage, but inclusion feels like accommodation either because it demands certain portrayals of precarity or because it leaves individuals unsure of their worth beyond the expected performance of their identity. As a result, even though the new version of the ideal professional norm might valorize identity as capital, it continues to serve organizations rather than individuals. Finally, these data make the methodological case for the usefulness of the periphery as an analytical vantage point to assess systemic inequalities in legal profession research.","PeriodicalId":501328,"journal":{"name":"Law & Social Inquiry","volume":"16 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138522746","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

Genocide: Theories of Participation and Opportunities for Intervention 种族灭绝:参与理论和干预机会

Law & Social Inquiry Pub Date : 2023-11-27 DOI: 10.1017/lsi.2023.43

Aliza Luft

引用次数: 0