{"title":"民主警务改革如何失败?从法律与发展的角度看变革与抵制的体制进程","authors":"Julia Maia Goldani","doi":"10.1515/ldr-2024-0017","DOIUrl":null,"url":null,"abstract":"\n Democratic police reform (DPR) is a type of institutional reform that aims to make polices compatible with democratic political regimes. Though distinct approaches have been attempted in distinct contextual circumstances, promoting DPR has proven remarkably difficult. Successful cases are hard to find; across the globe, DPR efforts have had unsatisfactory outcomes, amounting to little or no sustainable change in dysfunctional police forces. What explains this systematic failure of DPR? Existing research has focused on determining the sociopolitical circumstances and/or reform methods that correlate with positive or negative DPR outcomes. However, there is a gap in the literature regarding how DPR fails – that is, the processes through which the above-mentioned variables interact with the police’s organizational environments, rules, and resistance mechanisms to produce unsatisfactory outcomes/failed reform. This paper proposes that an analytical framework based on law and development scholarship can help police reform scholars address these gaps. To develop this argument, I review and discuss existing theorizations on DPR failure, demonstrating the potential contributions of a law and development perspective. I suggest that a framework based on this perspective nuances existing approaches by emphasizing the contentious processes surrounding reform enactment and implementation. Unpacking these processes can represent a new research agenda for police reform scholarship.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":null,"pages":null},"PeriodicalIF":0.4000,"publicationDate":"2024-03-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"How Democratic Police Reforms Fail: A Law and Development Perspective on Institutional Processes of Change and Resistance\",\"authors\":\"Julia Maia Goldani\",\"doi\":\"10.1515/ldr-2024-0017\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\n Democratic police reform (DPR) is a type of institutional reform that aims to make polices compatible with democratic political regimes. Though distinct approaches have been attempted in distinct contextual circumstances, promoting DPR has proven remarkably difficult. Successful cases are hard to find; across the globe, DPR efforts have had unsatisfactory outcomes, amounting to little or no sustainable change in dysfunctional police forces. What explains this systematic failure of DPR? Existing research has focused on determining the sociopolitical circumstances and/or reform methods that correlate with positive or negative DPR outcomes. However, there is a gap in the literature regarding how DPR fails – that is, the processes through which the above-mentioned variables interact with the police’s organizational environments, rules, and resistance mechanisms to produce unsatisfactory outcomes/failed reform. This paper proposes that an analytical framework based on law and development scholarship can help police reform scholars address these gaps. To develop this argument, I review and discuss existing theorizations on DPR failure, demonstrating the potential contributions of a law and development perspective. I suggest that a framework based on this perspective nuances existing approaches by emphasizing the contentious processes surrounding reform enactment and implementation. Unpacking these processes can represent a new research agenda for police reform scholarship.\",\"PeriodicalId\":43146,\"journal\":{\"name\":\"Law and Development Review\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.4000,\"publicationDate\":\"2024-03-18\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Law and Development Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1515/ldr-2024-0017\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Law and Development Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1515/ldr-2024-0017","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
How Democratic Police Reforms Fail: A Law and Development Perspective on Institutional Processes of Change and Resistance
Democratic police reform (DPR) is a type of institutional reform that aims to make polices compatible with democratic political regimes. Though distinct approaches have been attempted in distinct contextual circumstances, promoting DPR has proven remarkably difficult. Successful cases are hard to find; across the globe, DPR efforts have had unsatisfactory outcomes, amounting to little or no sustainable change in dysfunctional police forces. What explains this systematic failure of DPR? Existing research has focused on determining the sociopolitical circumstances and/or reform methods that correlate with positive or negative DPR outcomes. However, there is a gap in the literature regarding how DPR fails – that is, the processes through which the above-mentioned variables interact with the police’s organizational environments, rules, and resistance mechanisms to produce unsatisfactory outcomes/failed reform. This paper proposes that an analytical framework based on law and development scholarship can help police reform scholars address these gaps. To develop this argument, I review and discuss existing theorizations on DPR failure, demonstrating the potential contributions of a law and development perspective. I suggest that a framework based on this perspective nuances existing approaches by emphasizing the contentious processes surrounding reform enactment and implementation. Unpacking these processes can represent a new research agenda for police reform scholarship.
期刊介绍:
Law and Development Review (LDR) is a top peer-reviewed journal in the field of law and development which explores the impact of law, legal frameworks, and institutions (LFIs) on development. LDR is distinguished from other law and economics journals in that its primary focus is the development aspects of international and domestic legal orders. The journal promotes global exchanges of views on law and development issues. LDR facilitates future global negotiations concerning the economic development of developing countries and sets out future directions for law and development studies. Many of the top scholars and practitioners in the field, including Professors David Trubek, Bhupinder Chimni, Michael Trebilcock, and Mitsuo Matsushita, have edited LDR issues and published articles in LDR. The journal seeks top-quality articles on law and development issues broadly, from the developing world as well as from the developed world. The changing economic conditions in recent decades render the law and development approach applicable to economic issues in developed countries as well as developing ones, and LDR accepts manuscripts on law and economic development issues concerning both categories of countries. LDR’s editorial board includes top scholars and professionals with diverse regional and academic backgrounds.