{"title":"开灯?俄罗斯抗议相关审判中的宣传和防御性法律动员","authors":"Renata Mustafina","doi":"10.1111/lasr.12631","DOIUrl":null,"url":null,"abstract":"<p>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.</p>","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"56 4","pages":"601-622"},"PeriodicalIF":2.3000,"publicationDate":"2022-11-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lasr.12631","citationCount":"1","resultStr":"{\"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\":null,\"url\":null,\"abstract\":\"<p>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.</p>\",\"PeriodicalId\":48100,\"journal\":{\"name\":\"Law & Society Review\",\"volume\":\"56 4\",\"pages\":\"601-622\"},\"PeriodicalIF\":2.3000,\"publicationDate\":\"2022-11-18\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lasr.12631\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Law & Society Review\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://onlinelibrary.wiley.com/doi/10.1111/lasr.12631\",\"RegionNum\":2,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Law & Society Review","FirstCategoryId":"90","ListUrlMain":"https://onlinelibrary.wiley.com/doi/10.1111/lasr.12631","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
Turning on the lights? Publicity and defensive legal mobilization in protest-related trials in Russia
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.
期刊介绍:
Founded in 1966, Law & Society Review (LSR) is regarded by sociolegal scholars worldwide as a leading journal in the field. LSR is a peer-reviewed publication for work bearing on the relationship between society and the legal process, including: - articles or notes of interest to the research community in general - new theoretical developments - results of empirical studies - and reviews and comments on the field or its methods of inquiry Broadly interdisciplinary, Law & Society Review welcomes work from any tradition of scholarship concerned with the cultural, economic, political, psychological, or social aspects of law and legal systems.