Pub Date : 2023-06-07DOI: 10.1177/09646639231172616
A. Ryan
Forms are vehicles that register the everyday. A bureaucratic form starts a dialogue between an individual and the State in a particular area of public administration. The visual design of bureaucratic forms shapes what is registered and how personal identity is documented in the eyes of the State. This article is situated in the field of administrative justice and argues that we must increase the scope for personal narrative in the design of bureaucratic forms. Meers notes that there has been no sustained research into application forms despite the importance of forms in the administration of the welfare state. By drawing on sociological scholarship on registration and narrative together with socio-legal scholarship on design, the ideas explored offers a novel and interdisciplinary approach to scholarship on the form of forms.
{"title":"The Form of Forms: Everyday Enablers of Access to Justice","authors":"A. Ryan","doi":"10.1177/09646639231172616","DOIUrl":"https://doi.org/10.1177/09646639231172616","url":null,"abstract":"Forms are vehicles that register the everyday. A bureaucratic form starts a dialogue between an individual and the State in a particular area of public administration. The visual design of bureaucratic forms shapes what is registered and how personal identity is documented in the eyes of the State. This article is situated in the field of administrative justice and argues that we must increase the scope for personal narrative in the design of bureaucratic forms. Meers notes that there has been no sustained research into application forms despite the importance of forms in the administration of the welfare state. By drawing on sociological scholarship on registration and narrative together with socio-legal scholarship on design, the ideas explored offers a novel and interdisciplinary approach to scholarship on the form of forms.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.6,"publicationDate":"2023-06-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84156542","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-06DOI: 10.1177/09646639231181118
Stephenie Young
Marjo Lindroth and Heidi Sinevaara-Niskanen’s new book interrogates the politics of hope and how it structures and informs indigenous-state relations. While they focus solely on indigenous-state relations, the analytic tools that Lindroth and Sinevaara-Niskanen employ have broader implications, especially given the ongoing pandemic, general precariousness, and, for lack of a better word, polycrisis. But one might also ask whether this is an appropriate time to interrogate hope. After all, maybe we all need a bit of hope these days. Lindroth and Sinevaara-Niskanen’s analysis of hope is an important contribution to understanding how hope is managed and as a future-oriented tool to increase and intensify governance in the present. It brings us to the point of being able to ask “What might politics look like if we did not have to rely on the hope that the future would be better?” Generally, this book is useful for those who are interested in the political uses of law or the intersection of law and politics as well as those interested in the politics of Indigenous peoples’ rights. It is not focused on legal events, but rather moments of ‘eventless-ness’ that surround and lead to more public legal events. Chapter two maps the social science approaches to hope. Drawing from a Foucaultian approach to governmentality, which some socio-legal scholars would find useful, their conceptual perspective examines how hope has been politically mobilized in the context of Indigenous peoples’ rights. They examine how hope empowers and restricts, and how its political mobilization is useful for governing, exercising power, and developing and managing desire. Chapter 3 introduces the case studies on indigenous-state relations, which are ‘battlefields of recognition’. The three case studies are the demand for constitutional change to recognize Aboriginal and Torres Strait Islander peoples in Australia leading to the Uluru Statement from the Heart, the discussion on ratifying ILO Convention 159 Concerning Indigenous and Tribal Peoples in Independent Countries in Finland, and the Indigenous self-government movement in Greenland/Denmark in 2009. Lindroth and Sinevaara-Niskanen choose these situations because these states have committed to recognizing the rights of Indigenous peoples, the processes began, and ‘these states have the means to concretely re-construct the relations with the indigenous peoples within their territories’ (p. 10). Despite the commitment and means for recognition, these projects remain debated and long drawn out. Over the decades of these projects, it often looks like little is happening; the ‘eventless-ness’ that Lindroth and Sinevaara-Niskanen interrogate. In these contexts, Book Review
{"title":"Book Review: The Colonial Politics of Hope: Critical Junctures of Indigenous-State Relations","authors":"Stephenie Young","doi":"10.1177/09646639231181118","DOIUrl":"https://doi.org/10.1177/09646639231181118","url":null,"abstract":"Marjo Lindroth and Heidi Sinevaara-Niskanen’s new book interrogates the politics of hope and how it structures and informs indigenous-state relations. While they focus solely on indigenous-state relations, the analytic tools that Lindroth and Sinevaara-Niskanen employ have broader implications, especially given the ongoing pandemic, general precariousness, and, for lack of a better word, polycrisis. But one might also ask whether this is an appropriate time to interrogate hope. After all, maybe we all need a bit of hope these days. Lindroth and Sinevaara-Niskanen’s analysis of hope is an important contribution to understanding how hope is managed and as a future-oriented tool to increase and intensify governance in the present. It brings us to the point of being able to ask “What might politics look like if we did not have to rely on the hope that the future would be better?” Generally, this book is useful for those who are interested in the political uses of law or the intersection of law and politics as well as those interested in the politics of Indigenous peoples’ rights. It is not focused on legal events, but rather moments of ‘eventless-ness’ that surround and lead to more public legal events. Chapter two maps the social science approaches to hope. Drawing from a Foucaultian approach to governmentality, which some socio-legal scholars would find useful, their conceptual perspective examines how hope has been politically mobilized in the context of Indigenous peoples’ rights. They examine how hope empowers and restricts, and how its political mobilization is useful for governing, exercising power, and developing and managing desire. Chapter 3 introduces the case studies on indigenous-state relations, which are ‘battlefields of recognition’. The three case studies are the demand for constitutional change to recognize Aboriginal and Torres Strait Islander peoples in Australia leading to the Uluru Statement from the Heart, the discussion on ratifying ILO Convention 159 Concerning Indigenous and Tribal Peoples in Independent Countries in Finland, and the Indigenous self-government movement in Greenland/Denmark in 2009. Lindroth and Sinevaara-Niskanen choose these situations because these states have committed to recognizing the rights of Indigenous peoples, the processes began, and ‘these states have the means to concretely re-construct the relations with the indigenous peoples within their territories’ (p. 10). Despite the commitment and means for recognition, these projects remain debated and long drawn out. Over the decades of these projects, it often looks like little is happening; the ‘eventless-ness’ that Lindroth and Sinevaara-Niskanen interrogate. In these contexts, Book Review","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.6,"publicationDate":"2023-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80111338","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In this paper, we chart the context in which contemporary legal debates around traditional healing in Senegal unfold, pointing in particular to the type of power-knowledge relations that are at stake in both the current legal status-quo, and legal changes proposed in 2017. We interrogate the struggles over legitimacy and recognition that are at play in these processes, and the ways in which different actors relate to both formal legal rules, and more fluid forms of legalities, in which imaginaries of the law, and negotiations with the law, translate into everyday practices. We underline how legal and scientific discourses are mobilised to draw the opportunities and boundaries offered to different healing agents, and to organise their respective authority. Traditional healers overlap with modern health practices, while retaining their own ontologies and claims to legitimacy while representatives of the biomedical professions insist that they should have some oversight over the regulation of all healers. As negotiations continue over the possibility for the state to regulate traditional healing, everyday legal choreographies define the relative roles, possibilities and precarity of different healing agents.
{"title":"Traditional Healing and Law in Contemporary Senegal: Legitimacies, Normativities and Practices.","authors":"Emilie Cloatre, Tidiane Ndoye, Dioumel Badji, Adams Diedhiou","doi":"10.1177/09646639221122434","DOIUrl":"10.1177/09646639221122434","url":null,"abstract":"<p><p>In this paper, we chart the context in which contemporary legal debates around traditional healing in Senegal unfold, pointing in particular to the type of power-knowledge relations that are at stake in both the current legal status-quo, and legal changes proposed in 2017. We interrogate the struggles over legitimacy and recognition that are at play in these processes, and the ways in which different actors relate to both formal legal rules, and more fluid forms of legalities, in which imaginaries of the law, and negotiations with the law, translate into everyday practices. We underline how legal and scientific discourses are mobilised to draw the opportunities and boundaries offered to different healing agents, and to organise their respective authority. Traditional healers overlap with modern health practices, while retaining their own ontologies and claims to legitimacy while representatives of the biomedical professions insist that they should have some oversight over the regulation of all healers. As negotiations continue over the possibility for the state to regulate traditional healing, everyday legal choreographies define the relative roles, possibilities and precarity of different healing agents.</p>","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10196696/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10300104","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-09DOI: 10.1177/09646639231174531
Cherisse Francis
‘ White Supremacy, Racism and the Coloniality of Anti-traf fi cking ’ individualizes the abstract as opposed to abstracting generalisations making it highly emotive but not over-hyped. From my perspective as a young researcher interrogating anti-traf fi cking in the Global South, this book has stimulated deep thought and provided helpful guidance as to how I can inform my ways of researching and writing. Beyond that, employing these methods creates value for practitioners who would typically never cross the academic divide. However, this work is intelligible by all stakeholders and storytelling allows the readers to recognize or resonate with the content.
{"title":"Book Review: White Supremacy, Racism and the Coloniality of Anti-Trafficking","authors":"Cherisse Francis","doi":"10.1177/09646639231174531","DOIUrl":"https://doi.org/10.1177/09646639231174531","url":null,"abstract":"‘ White Supremacy, Racism and the Coloniality of Anti-traf fi cking ’ individualizes the abstract as opposed to abstracting generalisations making it highly emotive but not over-hyped. From my perspective as a young researcher interrogating anti-traf fi cking in the Global South, this book has stimulated deep thought and provided helpful guidance as to how I can inform my ways of researching and writing. Beyond that, employing these methods creates value for practitioners who would typically never cross the academic divide. However, this work is intelligible by all stakeholders and storytelling allows the readers to recognize or resonate with the content.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.6,"publicationDate":"2023-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83469228","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-09DOI: 10.1177/09646639231168987
Diego Rochow
{"title":"Book Review: Death by Prison: The Emergence of Life Without Parole and Perpetual Confinement","authors":"Diego Rochow","doi":"10.1177/09646639231168987","DOIUrl":"https://doi.org/10.1177/09646639231168987","url":null,"abstract":"","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.6,"publicationDate":"2023-04-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75575597","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-01DOI: 10.1177/09646639221104253
Kelly Struthers Montford
Prison food is central to the prison experience and is a physically invasive manifestation of carceral power. This article draws on 61 interviews with individuals with lived experience of provincial prisons in Ontario, Canada. Participants reported that the food was unhealthy, small-portioned, bland, and steamed to the point that they could not discern what they were eating. Others reported living in fear of the food, whether because it was molding, spoiled, or had been tampered with. For many participants, their experience of incarceration was that of hunger and unwanted bodily changes. Poor quality prison food bolstered an underground food economy in which trading, gambling, or intimidation were used by prisoners to access more and/or better foods. Overall, prison food was a means through which social, political, and institutional contempt for prisoners was communicated to and embodied by prisoners.
{"title":"The Embodiment of Contempt: Ontario Provincial Prison Food.","authors":"Kelly Struthers Montford","doi":"10.1177/09646639221104253","DOIUrl":"https://doi.org/10.1177/09646639221104253","url":null,"abstract":"<p><p>Prison food is central to the prison experience and is a physically invasive manifestation of carceral power. This article draws on 61 interviews with individuals with lived experience of provincial prisons in Ontario, Canada. Participants reported that the food was unhealthy, small-portioned, bland, and steamed to the point that they could not discern what they were eating. Others reported living in fear of the food, whether because it was molding, spoiled, or had been tampered with. For many participants, their experience of incarceration was that of hunger and unwanted bodily changes. Poor quality prison food bolstered an underground food economy in which trading, gambling, or intimidation were used by prisoners to access more and/or better foods. Overall, prison food was a means through which social, political, and institutional contempt for prisoners was communicated to and embodied by prisoners.</p>","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.6,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://ftp.ncbi.nlm.nih.gov/pub/pmc/oa_pdf/ec/c5/10.1177_09646639221104253.PMC9996774.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9155755","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-22DOI: 10.1177/09646639221140907
Abigail Stepnitz
In this article I seek to expand the understanding of what it means to credibly “do gender” for women seeking asylum in the United States. I present an empirical analysis of documents related to 30 women's affirmative asylum claims in the US from 2001–2018, which centre experiences of sexual and gender-based violence. My analysis reveals how women's credibility is achieved interactionally and institutionally when their written narratives and interview interactions reflect culturally salient and organizationally-embedded ideas about trauma and memory, culture and violence and, thresholds of harm. I demonstrate how credibility is refracted through these deeply gendered legal and cultural lenses, and how law and gender, in interaction, reframe and reconstitute the meaning of individual actions and narratives, producing and reinforcing a limited range of credible stories about gender-based violence that these women can tell.
{"title":"Believing Asylum-Seeking Women: Doing Gender in Legal Narratives of Sexual and Gender-Based Violence","authors":"Abigail Stepnitz","doi":"10.1177/09646639221140907","DOIUrl":"https://doi.org/10.1177/09646639221140907","url":null,"abstract":"In this article I seek to expand the understanding of what it means to credibly “do gender” for women seeking asylum in the United States. I present an empirical analysis of documents related to 30 women's affirmative asylum claims in the US from 2001–2018, which centre experiences of sexual and gender-based violence. My analysis reveals how women's credibility is achieved interactionally and institutionally when their written narratives and interview interactions reflect culturally salient and organizationally-embedded ideas about trauma and memory, culture and violence and, thresholds of harm. I demonstrate how credibility is refracted through these deeply gendered legal and cultural lenses, and how law and gender, in interaction, reframe and reconstitute the meaning of individual actions and narratives, producing and reinforcing a limited range of credible stories about gender-based violence that these women can tell.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.6,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87603689","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-23DOI: 10.1177/09646639231160042
B. Clough
{"title":"Book Review: Reimagining the Court of Protection: Access to Justice in Mental Capacity Law","authors":"B. Clough","doi":"10.1177/09646639231160042","DOIUrl":"https://doi.org/10.1177/09646639231160042","url":null,"abstract":"","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.6,"publicationDate":"2023-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87579696","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-02DOI: 10.1177/09646639221146078
R. Dudai
Contemporary assessments of human rights tend to diverge in increasingly polarized ways. Human rights are frequently labeled “ the dominant normative or moral discourse of global politics ” (Goodhart, 2009: 2)
{"title":"The Life and Times of Human Rights Organizations: Organizational Biographies and the Sociology of Human Rights","authors":"R. Dudai","doi":"10.1177/09646639221146078","DOIUrl":"https://doi.org/10.1177/09646639221146078","url":null,"abstract":"Contemporary assessments of human rights tend to diverge in increasingly polarized ways. Human rights are frequently labeled “ the dominant normative or moral discourse of global politics ” (Goodhart, 2009: 2)","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.6,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89041930","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-01DOI: 10.1177/09646639221108067
Neil Walker
As is stated, it is “a monograph about great power, namely the national (Argentine) and transnational (French) institutional perpetrators who were complicit in the great crime of torture” (157). Collard’s analysis also provides a proposed framework to resist and hold accountable not just the “torturing rogue” state, but as important, the broader system and structures exporting, teaching, and enabling torture across the globe. This includes adopting the concepts of “transnational institutional tortures” and “transnational state violence” to advance a “progressive political project”. After all, one would be hard pressed to identify an example of state violence that did not involve the implicit or complicit involvement of external states and/or corporations (e.g. Libya, Syria, or Yemen) that result in vast harms, oppressions, and deaths. Overall, Collard provides an insightful analysis that scholars, students, governmental and nongovernmental organizations will find insightful.
{"title":"Book Review: Earthbound: The Aesthetics of Sovereignty in the Anthropocene","authors":"Neil Walker","doi":"10.1177/09646639221108067","DOIUrl":"https://doi.org/10.1177/09646639221108067","url":null,"abstract":"As is stated, it is “a monograph about great power, namely the national (Argentine) and transnational (French) institutional perpetrators who were complicit in the great crime of torture” (157). Collard’s analysis also provides a proposed framework to resist and hold accountable not just the “torturing rogue” state, but as important, the broader system and structures exporting, teaching, and enabling torture across the globe. This includes adopting the concepts of “transnational institutional tortures” and “transnational state violence” to advance a “progressive political project”. After all, one would be hard pressed to identify an example of state violence that did not involve the implicit or complicit involvement of external states and/or corporations (e.g. Libya, Syria, or Yemen) that result in vast harms, oppressions, and deaths. Overall, Collard provides an insightful analysis that scholars, students, governmental and nongovernmental organizations will find insightful.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.6,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89806139","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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