Pub Date : 2022-08-05DOI: 10.1177/09646639221117388
I. Cohen, Tali Gal, G. Enosh
Disciplinary differences between mental health and legal discourses limit the implementation of mental health knowledge (MHK) in legal proceedings. This study examined the interchange between these discourses, focusing on sexual assault cases that required testimonies of mental health expert witnesses (MHEWs) in Israel. 42 multi-perspective interviews including 16 MHEWs and 26 legal practitioners were analyzed using critical discourse analysis. Participants’ statements relayed three depictions of the interchange between mental health and legal discourses: a dichotomized one, which regards both discourses as incompatible; a tactical one, which regards MHK as beneficial when serving legal interests; and a radical one, which regards MHK as imperative to legal discretion, placing therapeutic considerations ahead of legal ones. The study provides a first empirical analysis of the law-mental-health interchange. In particular, it identifies an emerging practice of therapeutic-legal ("theralegal") discretion, which reflects an understanding that legal considerations alone cannot address complex criminal legal issues.
{"title":"Two Roads Converge: The Interchange Between the Mental Health and Legal Discourses in Sexual Assault Trials","authors":"I. Cohen, Tali Gal, G. Enosh","doi":"10.1177/09646639221117388","DOIUrl":"https://doi.org/10.1177/09646639221117388","url":null,"abstract":"Disciplinary differences between mental health and legal discourses limit the implementation of mental health knowledge (MHK) in legal proceedings. This study examined the interchange between these discourses, focusing on sexual assault cases that required testimonies of mental health expert witnesses (MHEWs) in Israel. 42 multi-perspective interviews including 16 MHEWs and 26 legal practitioners were analyzed using critical discourse analysis. Participants’ statements relayed three depictions of the interchange between mental health and legal discourses: a dichotomized one, which regards both discourses as incompatible; a tactical one, which regards MHK as beneficial when serving legal interests; and a radical one, which regards MHK as imperative to legal discretion, placing therapeutic considerations ahead of legal ones. The study provides a first empirical analysis of the law-mental-health interchange. In particular, it identifies an emerging practice of therapeutic-legal (\"theralegal\") discretion, which reflects an understanding that legal considerations alone cannot address complex criminal legal issues.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":"39 1","pages":"441 - 463"},"PeriodicalIF":1.6,"publicationDate":"2022-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87349981","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 : 2022-07-25DOI: 10.1177/09646639221115698
Kate Seear, Suzanne Fraser, S. Mulcahy, Dion Kagan, E. Lenton, A. Farrugia, Kylie Valentine
New drugs with the potential to cure hepatitis C have emerged. There is great optimism within medicine about the transformative potential of cure, but this overlooks the entrenched discrimination and stigma associated with both hepatitis C and injecting drug use and the role of law in re/producing it. Drawing on interviews with key stakeholders such as policymakers, lawyers, and representatives from peer organisations (N = 30), Latour’s (2013) work on legal veridiction, Fraser and Seear’s (2011) conceptualisation of hepatitis C as a ‘gathering’, and Mol’s (2021) work on being, this paper explores the possibility that legal processes complicate the linear trajectory of progress and transformation cure promises. Our participants’ identify various legal processes that allow hepatitis C to echo or linger in people’s lives after treatment. These processes are remaking hepatitis C, and making perpetual hepatitis C subjects. We argue that we must grapple with these forces in the era of cure.
{"title":"Echoes and Antibodies: Legal Veridiction and the Emergence of the Perpetual Hepatitis C Subject","authors":"Kate Seear, Suzanne Fraser, S. Mulcahy, Dion Kagan, E. Lenton, A. Farrugia, Kylie Valentine","doi":"10.1177/09646639221115698","DOIUrl":"https://doi.org/10.1177/09646639221115698","url":null,"abstract":"New drugs with the potential to cure hepatitis C have emerged. There is great optimism within medicine about the transformative potential of cure, but this overlooks the entrenched discrimination and stigma associated with both hepatitis C and injecting drug use and the role of law in re/producing it. Drawing on interviews with key stakeholders such as policymakers, lawyers, and representatives from peer organisations (N = 30), Latour’s (2013) work on legal veridiction, Fraser and Seear’s (2011) conceptualisation of hepatitis C as a ‘gathering’, and Mol’s (2021) work on being, this paper explores the possibility that legal processes complicate the linear trajectory of progress and transformation cure promises. Our participants’ identify various legal processes that allow hepatitis C to echo or linger in people’s lives after treatment. These processes are remaking hepatitis C, and making perpetual hepatitis C subjects. We argue that we must grapple with these forces in the era of cure.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":"76 1","pages":"216 - 236"},"PeriodicalIF":1.6,"publicationDate":"2022-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83769178","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 : 2022-07-25DOI: 10.1177/09646639221115696
A. Olesen, Ole Hammerslev
The academic response to Bourdieu's sociology of law has mainly followed his Weberian focus on the role of legal professionals in state transformations. However, rereading Bourdieu's “The Force of Law” through the lens of its references and relating it to the sociology of law “of the moment” (i.e. that of the 1980s), it becomes clear that Bourdieu's sociology of law is more sophisticated than has generally been acknowledged. In this article, we reread Bourdieu's article with a specific focus on the hitherto overlooked parts that elucidate dispute transformation. We unpack one of Bourdieu's most central sources, Felstiner et al. (1981), by rereading it in the light of Bourdieu's sociological tools. Emphasizing Bourdieu's implicit points about the pre-dispute phase accentuates how habitual dispositions and forms of capital have an impact on the possibilities available to citizens to transform a justiciable problem into a legal dispute.
学术界对布迪厄的法律社会学的回应主要遵循了他对法律专业人士在国家转型中的作用的韦伯式关注。然而，通过参考文献的视角重新阅读布迪厄的《法律的力量》，并将其与“当下”(即20世纪80年代)的法律社会学联系起来，我们就会清楚地发现，布迪厄的法律社会学比人们普遍认为的要复杂得多。在本文中，我们重读了布迪厄的文章，并特别关注迄今为止被忽视的阐明争议转化的部分。我们通过在布迪厄的社会学工具的基础上重新阅读费尔斯特纳等人(Felstiner et al.， 1981)，来解读布迪厄最重要的来源之一。强调布迪厄关于争议前阶段的隐含观点，强调了资本的习惯倾向和形式如何影响公民将可诉问题转化为法律纠纷的可能性。
{"title":"Bringing Sociology of Law Back into Pierre Bourdieu's Sociology: Elements of Bourdieu's Sociology of Law and Dispute Transformation","authors":"A. Olesen, Ole Hammerslev","doi":"10.1177/09646639221115696","DOIUrl":"https://doi.org/10.1177/09646639221115696","url":null,"abstract":"The academic response to Bourdieu's sociology of law has mainly followed his Weberian focus on the role of legal professionals in state transformations. However, rereading Bourdieu's “The Force of Law” through the lens of its references and relating it to the sociology of law “of the moment” (i.e. that of the 1980s), it becomes clear that Bourdieu's sociology of law is more sophisticated than has generally been acknowledged. In this article, we reread Bourdieu's article with a specific focus on the hitherto overlooked parts that elucidate dispute transformation. We unpack one of Bourdieu's most central sources, Felstiner et al. (1981), by rereading it in the light of Bourdieu's sociological tools. Emphasizing Bourdieu's implicit points about the pre-dispute phase accentuates how habitual dispositions and forms of capital have an impact on the possibilities available to citizens to transform a justiciable problem into a legal dispute.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":"31 1","pages":"177 - 196"},"PeriodicalIF":1.6,"publicationDate":"2022-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82435036","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 : 2022-07-11DOI: 10.1177/09646639221111475
Jeena Shah
{"title":"Book Review: Capitalism as Civilisation: A History of International Law","authors":"Jeena Shah","doi":"10.1177/09646639221111475","DOIUrl":"https://doi.org/10.1177/09646639221111475","url":null,"abstract":"","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":"20 1","pages":"159 - 165"},"PeriodicalIF":1.6,"publicationDate":"2022-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84623232","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 : 2022-05-20DOI: 10.1177/09646639221102540
Anthony M Triola
This paper tracks Use of Force jurisprudence from the seminal cases of Graham v. Connor and Tennessee v. Garner to our contemporary moment. I am interested here in assessing the evolving meaning of “reasonableness” over time, especially as it relates to legal mechanisms such as qualified immunity which enable agents of the state to utilize excessive force with impunity. The logic of these cases is contextualized against the contemporary moment of reckoning with the realities of state-sanctioned anti-black violence, something from which a theory of reasonability cannot be cleanly separated.
{"title":"Reasonably Unreasonable: American Use of Force Jurisprudence and Police Impunity","authors":"Anthony M Triola","doi":"10.1177/09646639221102540","DOIUrl":"https://doi.org/10.1177/09646639221102540","url":null,"abstract":"This paper tracks Use of Force jurisprudence from the seminal cases of Graham v. Connor and Tennessee v. Garner to our contemporary moment. I am interested here in assessing the evolving meaning of “reasonableness” over time, especially as it relates to legal mechanisms such as qualified immunity which enable agents of the state to utilize excessive force with impunity. The logic of these cases is contextualized against the contemporary moment of reckoning with the realities of state-sanctioned anti-black violence, something from which a theory of reasonability cannot be cleanly separated.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":"80 1","pages":"257 - 272"},"PeriodicalIF":1.6,"publicationDate":"2022-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80006310","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 : 2022-05-17DOI: 10.1177/09646639221100494
Anne Macduff
Academic scholarship analyses how citizenship law reforms such as longer residency requirements and tougher language tests reinforce culturally exclusionary national narratives. Citizenship ceremonies however, have largely escaped scholarly attention. Drawing on Australia as a case study, this article addresses that gap. After examining how Australian citizenship is performed at ceremonies, this article argues that although the government states that citizenship ceremonies should welcome new citizens, deep suspicions about the cultural diversity of migrants are also conveyed. This paper contributes to an understanding of how citizenship ceremonies reinforce culturally exclusionary national narratives, even where the legal criteria for acquiring citizenship status is non-discriminatory. This paper also illustrates how citizenship ceremonies are important sites for the construction and communication of legal identities.
{"title":"Performing Legal and National Identities: Australian Citizenship Ceremonies and the Management of Cultural Diversity","authors":"Anne Macduff","doi":"10.1177/09646639221100494","DOIUrl":"https://doi.org/10.1177/09646639221100494","url":null,"abstract":"Academic scholarship analyses how citizenship law reforms such as longer residency requirements and tougher language tests reinforce culturally exclusionary national narratives. Citizenship ceremonies however, have largely escaped scholarly attention. Drawing on Australia as a case study, this article addresses that gap. After examining how Australian citizenship is performed at ceremonies, this article argues that although the government states that citizenship ceremonies should welcome new citizens, deep suspicions about the cultural diversity of migrants are also conveyed. This paper contributes to an understanding of how citizenship ceremonies reinforce culturally exclusionary national narratives, even where the legal criteria for acquiring citizenship status is non-discriminatory. This paper also illustrates how citizenship ceremonies are important sites for the construction and communication of legal identities.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":"26 1","pages":"197 - 215"},"PeriodicalIF":1.6,"publicationDate":"2022-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73949612","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 : 2022-05-16DOI: 10.1177/09646639221099361
A. Hall
This paper explains the origins, features and impacts of ‘knowledge activism’ as an emergent form of collective OHS resistance. Coupling labour process theory with Pierre Bourdieu‘s concepts of capital, the analysis connects transformations in production, management, technology, and neoliberal governance to shifts in labour/management power relations, both within the joint committee and the workplace more generally, as defined by the relative social, cultural and symbolic capital accumulated and mobilized by worker representatives.
{"title":"Worker Representation in the Regulation of Occupational Health: Explaining the Shift to Knowledge Activism","authors":"A. Hall","doi":"10.1177/09646639221099361","DOIUrl":"https://doi.org/10.1177/09646639221099361","url":null,"abstract":"This paper explains the origins, features and impacts of ‘knowledge activism’ as an emergent form of collective OHS resistance. Coupling labour process theory with Pierre Bourdieu‘s concepts of capital, the analysis connects transformations in production, management, technology, and neoliberal governance to shifts in labour/management power relations, both within the joint committee and the workplace more generally, as defined by the relative social, cultural and symbolic capital accumulated and mobilized by worker representatives.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":"205 1","pages":"273 - 293"},"PeriodicalIF":1.6,"publicationDate":"2022-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74848548","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 : 2022-05-11DOI: 10.1177/09646639221086595
Mireia Garcés de Marcilla Musté
This article traces the continuities and discontinuities in the history of sporting and clinical rules concerning intersexuality. Through the parallel investigation of how intersexual bodies have been monitored, examined, and modified in the sporting and medical worlds, I argue that neither of them have ‘progressed’ to become more ‘respectful’ or ‘inclusive’. Rather, changes in the management of intersexuality in both areas consist in different iterations of a pervasive conceptualisation of bodies as dichotomously gendered. I contend that medical and sporting bodies’ supposedly ‘scientific’ search to ‘determine’ gender not only is a failed endeavour, given the contradictory gender ‘markers’ that have been ‘discovered’ and enforced on bodies, but also constitutes an attempt, disguised through discourses of health and fairness, to render intersexuality a problematic form of embodiment.
{"title":"You Ain’t Woman Enough: Tracing the Policing of Intersexuality in Sports and the Clinic","authors":"Mireia Garcés de Marcilla Musté","doi":"10.1177/09646639221086595","DOIUrl":"https://doi.org/10.1177/09646639221086595","url":null,"abstract":"This article traces the continuities and discontinuities in the history of sporting and clinical rules concerning intersexuality. Through the parallel investigation of how intersexual bodies have been monitored, examined, and modified in the sporting and medical worlds, I argue that neither of them have ‘progressed’ to become more ‘respectful’ or ‘inclusive’. Rather, changes in the management of intersexuality in both areas consist in different iterations of a pervasive conceptualisation of bodies as dichotomously gendered. I contend that medical and sporting bodies’ supposedly ‘scientific’ search to ‘determine’ gender not only is a failed endeavour, given the contradictory gender ‘markers’ that have been ‘discovered’ and enforced on bodies, but also constitutes an attempt, disguised through discourses of health and fairness, to render intersexuality a problematic form of embodiment.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":"15 1","pages":"847 - 870"},"PeriodicalIF":1.6,"publicationDate":"2022-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81050252","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 : 2022-05-11DOI: 10.1177/09646639221100480
Philippa Tomczak, Elizabeth A. Cook
A duty to investigate deaths in detention is enshrined within international legislation including Article 2 of the European Convention on Human Rights (ECHR). A core purpose of these investigations, following UK case law, is that bereaved families ‘have the satisfaction of knowing that lessons learned […] may save the lives of others.’ We highlight the striking absence of evidence illustrating the ‘satisfaction’ of bereaved families, utilising a case study of prisoner death investigations undertaken by the Prisons and Probation Ombudsman (PPO) and Coroners in England and Wales. Drawing on data from semi-structured interviews with 26 stakeholders, we explore what may produce familial ‘satisfaction’ and question who is satisfied by prisoner death investigations. Our analysis demonstrates that bereaved family ‘satisfaction’ was regularly spoken about by investigators and invoked to legitimise investigations despite limited evidence thereof. In conclusion, we highlight how the Ombudsman and Coroners should reconsider their practices to better satisfy families and manage expectations.
{"title":"Bereaved Family ‘Involvement’ in (Prisoner) Death Investigations: Whose ‘Satisfaction’?","authors":"Philippa Tomczak, Elizabeth A. Cook","doi":"10.1177/09646639221100480","DOIUrl":"https://doi.org/10.1177/09646639221100480","url":null,"abstract":"A duty to investigate deaths in detention is enshrined within international legislation including Article 2 of the European Convention on Human Rights (ECHR). A core purpose of these investigations, following UK case law, is that bereaved families ‘have the satisfaction of knowing that lessons learned […] may save the lives of others.’ We highlight the striking absence of evidence illustrating the ‘satisfaction’ of bereaved families, utilising a case study of prisoner death investigations undertaken by the Prisons and Probation Ombudsman (PPO) and Coroners in England and Wales. Drawing on data from semi-structured interviews with 26 stakeholders, we explore what may produce familial ‘satisfaction’ and question who is satisfied by prisoner death investigations. Our analysis demonstrates that bereaved family ‘satisfaction’ was regularly spoken about by investigators and invoked to legitimise investigations despite limited evidence thereof. In conclusion, we highlight how the Ombudsman and Coroners should reconsider their practices to better satisfy families and manage expectations.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":"46 1","pages":"294 - 317"},"PeriodicalIF":1.6,"publicationDate":"2022-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75272926","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 : 2022-05-11DOI: 10.1177/09646639221101717
D. Rothe
{"title":"Book Review: Torture as State Crime: A Criminological Analysis of the Transnational Institutional Torturer","authors":"D. Rothe","doi":"10.1177/09646639221101717","DOIUrl":"https://doi.org/10.1177/09646639221101717","url":null,"abstract":"","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":"7 1","pages":"964 - 967"},"PeriodicalIF":1.6,"publicationDate":"2022-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72845516","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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