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":null,"pages":null},"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}
Pub Date : 2022-05-09DOI: 10.1177/09646639221100491
L. Seal
and pro-choice. It captures issues such as the co-opting of such labels by groups that do not agree with its core aims, but also goes further in placing the concept within its sociopolitical context. The focus within this piece and throughout the entire collection on the work of activists and the power and importance of legal activism is both welcome and noteworthy. Chapter 42 specifically considers the work of the Sister Song Women of Colour Collective. It thereby highlights the limitations embedded in a “reproductive rights” or human rights approach to these issues by examining how reproductive justice means more than simply being legally able to abort a pregnancy. In doing so, its analysis raises the important connection with socio-economic rights such as access to affordable healthcare and the need for any analysis of reproductive rights to consider matters of local infrastructure and resources. This chapter is merely one example of the potential for this volume to stretch and challenge students’ understandings of issues, concepts and approaches within socio-legal studies. Given the clear and abundant strengths of this collection, it is also important to consider any limitations. One concern that did emerge throughout the piece was whether the text potentially creates an “echo chamber” of views that cluster between liberal and left-leaning positions on the political spectrum. This is, of course, not to suggest that the volume should offer any kind of platform to extreme or offensive views that would undermine the progressive and thoughtful nature of its contributions. However, it is as important to showcase disagreement as it is consensus. Returning to the principle against which this volume is to be measured – whether it exposes law and social science students to the study of law and society – it undoubtedly provides a thoroughly global journey through law and society scholarship. It was truly a pleasure to read and review the book as a whole. Readers are likely to dip in and out of the material within this collection, and select only those materials relevant to their studies or to their teaching. However, it is entirely possible and indeed enjoyable to consume the volume in its entirety. Readers are to be assured that doing so is likely to be an incredibly rewarding endeavour, as the volume is a thought provoking stock-take of the variety and quality of law and society scholarship originating from law schools across the globe, and is a credit to the impressive efforts of the volume editors and authors alike.
{"title":"Book Review: Historical Criminology","authors":"L. Seal","doi":"10.1177/09646639221100491","DOIUrl":"https://doi.org/10.1177/09646639221100491","url":null,"abstract":"and pro-choice. It captures issues such as the co-opting of such labels by groups that do not agree with its core aims, but also goes further in placing the concept within its sociopolitical context. The focus within this piece and throughout the entire collection on the work of activists and the power and importance of legal activism is both welcome and noteworthy. Chapter 42 specifically considers the work of the Sister Song Women of Colour Collective. It thereby highlights the limitations embedded in a “reproductive rights” or human rights approach to these issues by examining how reproductive justice means more than simply being legally able to abort a pregnancy. In doing so, its analysis raises the important connection with socio-economic rights such as access to affordable healthcare and the need for any analysis of reproductive rights to consider matters of local infrastructure and resources. This chapter is merely one example of the potential for this volume to stretch and challenge students’ understandings of issues, concepts and approaches within socio-legal studies. Given the clear and abundant strengths of this collection, it is also important to consider any limitations. One concern that did emerge throughout the piece was whether the text potentially creates an “echo chamber” of views that cluster between liberal and left-leaning positions on the political spectrum. This is, of course, not to suggest that the volume should offer any kind of platform to extreme or offensive views that would undermine the progressive and thoughtful nature of its contributions. However, it is as important to showcase disagreement as it is consensus. Returning to the principle against which this volume is to be measured – whether it exposes law and social science students to the study of law and society – it undoubtedly provides a thoroughly global journey through law and society scholarship. It was truly a pleasure to read and review the book as a whole. Readers are likely to dip in and out of the material within this collection, and select only those materials relevant to their studies or to their teaching. However, it is entirely possible and indeed enjoyable to consume the volume in its entirety. Readers are to be assured that doing so is likely to be an incredibly rewarding endeavour, as the volume is a thought provoking stock-take of the variety and quality of law and society scholarship originating from law schools across the globe, and is a credit to the impressive efforts of the volume editors and authors alike.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.6,"publicationDate":"2022-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85019601","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 : 2022-05-04DOI: 10.1177/09646639221096555
Carl Makin
sociolegal studies. It speaks to not only legal academics but also social scientists interested in formal and informal mechanisms of civil and commercial dispute resolution, particularly disputes with a cross-border dimension, and more generally, how the Chinese legal system works in practice in this interactive ecology. As studies of Chinese law get increasingly niched and specialised in specific areas and topics, Gu’s ecological approach that connects different components of this complex system and examines their interactions sets this book apart as a milestone in the field.
{"title":"Book Review: The Routledge Handbook of Law and Society","authors":"Carl Makin","doi":"10.1177/09646639221096555","DOIUrl":"https://doi.org/10.1177/09646639221096555","url":null,"abstract":"sociolegal studies. It speaks to not only legal academics but also social scientists interested in formal and informal mechanisms of civil and commercial dispute resolution, particularly disputes with a cross-border dimension, and more generally, how the Chinese legal system works in practice in this interactive ecology. As studies of Chinese law get increasingly niched and specialised in specific areas and topics, Gu’s ecological approach that connects different components of this complex system and examines their interactions sets this book apart as a milestone in the field.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.6,"publicationDate":"2022-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88906490","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 : 2022-05-02DOI: 10.1177/09646639221092962
J. Bomhoff
This article presents a cultural and critical study of ‘proportionality review’ as a legal knowledge format and practice. The setting for this study is German public law, and in particular a domain of German legal education that is rarely analyzed even in Germany: the classes and materials offered by Repetitoren. These are commercial providers that aim to prepare students for the all-important ‘First Juridical Examination’. In this setting, proportionality is presented as a principle that matters, a doctrine that works, and a technique that jurists – lawyers, judges, but especially also law students – can learn to perform. Sustaining the sense that proportionality ‘works’, however, itself requires work, in particular in the form of largely invisible background constraints on what can count as suitable problems and appropriate solutions. In these processes of making proportionality into a ‘doable’ technical instrument, the German legal-constitutional order as a whole is presented as a feasible, achievable project. The article looks at how proportionality's success is produced and experienced, and at what its status as a foundational, near-ideal legal instrument means for the character of the German constitutional and legal imagination.
{"title":"Making Legal Knowledge Work: Practising Proportionality in the German Repetitorium","authors":"J. Bomhoff","doi":"10.1177/09646639221092962","DOIUrl":"https://doi.org/10.1177/09646639221092962","url":null,"abstract":"This article presents a cultural and critical study of ‘proportionality review’ as a legal knowledge format and practice. The setting for this study is German public law, and in particular a domain of German legal education that is rarely analyzed even in Germany: the classes and materials offered by Repetitoren. These are commercial providers that aim to prepare students for the all-important ‘First Juridical Examination’. In this setting, proportionality is presented as a principle that matters, a doctrine that works, and a technique that jurists – lawyers, judges, but especially also law students – can learn to perform. Sustaining the sense that proportionality ‘works’, however, itself requires work, in particular in the form of largely invisible background constraints on what can count as suitable problems and appropriate solutions. In these processes of making proportionality into a ‘doable’ technical instrument, the German legal-constitutional order as a whole is presented as a feasible, achievable project. The article looks at how proportionality's success is produced and experienced, and at what its status as a foundational, near-ideal legal instrument means for the character of the German constitutional and legal imagination.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.6,"publicationDate":"2022-05-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88646965","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 : 2022-04-21DOI: 10.1177/09646639221094754
Rébecca Franco
Based on multi-sited archival research, this article examines the racialized regulation of commercial sex in 1970s France, and whether and how this was intertwined with the protection of a racialized, gendered, and class-based sexual order. In doing so, this article contributes to a contextualized and historicized analysis of the construction of race and colour-blindness in French legislation and law enforcement. During and after the Algerian War, colonial anxieties about sexual threats posed by North African male labour migrants in the French metropole played a role in the discussion on commercial sex and motivated politicians, policymakers and journalists to argue for its selective tolerance. The author argues that the indirect legislation on commercial sex granted discretionary power to the police to protect the sexual order through colourblind justifications. This enabled law enforcement to implement and enforce universalist legislation ‘from below’ in a racially particularistic way.
{"title":"Policing Commercial Sex in 1970s France: Regulating the Racialized Sexual Order","authors":"Rébecca Franco","doi":"10.1177/09646639221094754","DOIUrl":"https://doi.org/10.1177/09646639221094754","url":null,"abstract":"Based on multi-sited archival research, this article examines the racialized regulation of commercial sex in 1970s France, and whether and how this was intertwined with the protection of a racialized, gendered, and class-based sexual order. In doing so, this article contributes to a contextualized and historicized analysis of the construction of race and colour-blindness in French legislation and law enforcement. During and after the Algerian War, colonial anxieties about sexual threats posed by North African male labour migrants in the French metropole played a role in the discussion on commercial sex and motivated politicians, policymakers and journalists to argue for its selective tolerance. The author argues that the indirect legislation on commercial sex granted discretionary power to the police to protect the sexual order through colourblind justifications. This enabled law enforcement to implement and enforce universalist legislation ‘from below’ in a racially particularistic way.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.6,"publicationDate":"2022-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79167742","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 : 2022-04-19DOI: 10.1177/09646639221094938
Sabrina Gilani
This paper re-reads American Appellate and Supreme Court rulings about the constitutionality of execution by electrocution from the perspective of new materialism. Using the case of Provenzano v. Moore, this paper highlights how the existing jurisprudence develops a notion of cruelty that deliberately avoids the sensual and affective dimensions of punishment. Given the profoundly corporeal nature of punishment and even more so capital punishment, any consideration of the ethics of punitive practice must meaningfully engage with the body, its situatedness, and its material networks, all of which enact punishment as a social phenomenon. Employing Jane Bennett's ethics of affective enchantment, grounded in the ethico-onto-epistemology of new materialist thinkers, this paper critiques the majority opinion in Provenzano by demonstrating how it feeds into modern disenchantment. It then draws on Provenzano's landmark dissent to show how ethical practice stems from deliberately opening oneself up to the wonderment of an entangled world produced through the acknowledgement of nonhuman selves and plastic bodies. This has the potential to generate an understanding of ‘humane’ punishment that better, and more meaningfully accounts for how human beings relate to and engage with the world around them.
本文从新唯物主义的视角重新解读了美国上诉法院和最高法院关于电刑合宪性的判决。本文以普罗文扎诺诉摩尔案(Provenzano v. Moore)为例，强调现有法理学如何发展出一种残忍的概念，这种概念故意避免了惩罚的感官和情感维度。考虑到惩罚的深刻的肉体本质，尤其是死刑，任何对惩罚实践伦理的考虑都必须有意义地与身体、它的情境性和它的物质网络联系起来，所有这些都将惩罚作为一种社会现象。本文以简·贝内特的情感魅惑伦理学为基础，以新唯物主义思想家的伦理学-本体-认识论为基础，对普罗文扎诺的多数观点进行了批判，论证了它是如何影响现代祛魅的。然后，它借鉴了普罗文扎诺具有里程碑意义的异议，来展示伦理实践是如何源于有意识地向一个纠缠在一起的世界敞开心扉的，这个世界是通过承认非人类的自我和可塑的身体而产生的。这有可能产生对“人道”惩罚的理解，从而更好、更有意义地解释人类与周围世界的关系和互动方式。
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Pub Date : 2022-04-18DOI: 10.1177/09646639221094152
Marco Antonio Loschiavo Leme de Barros, Lucas Fucci Amato, Diana Tognini Saba, Paula Pedigoni Ponce
This article adopts an approach from social systems theory to map the legislative and judicial responses produced by Brazilian law in light of the 2018 presidential election in Brazil, a political event marked by the mass dissemination of fake news. The study applies social systems theory to observe and interpret the legislative process in relation to a Draft Statute on Fake News which is part of a regulatory movement concerning digital communications and personal data in Brazil. The article combines this with observations on case law from the Superior Electoral Court regarding fake news dissemination during the 2018 presidential election. The results of these analyses demonstrate the difficulty of regulating fake news in Brazil and the problems with a legal framework based on the deference of the Judiciary to legislative decisions; its openness to technology experts; and the adoption of “regulated self-regulation” as a way of building an interface between legal and political national systems and transnational digital platforms.
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Pub Date : 2022-04-13DOI: 10.1177/09646639221094153
A. Kholiq, I. Halimatusa’diyah
Despite the increasing participation of women judges worldwide, including in Muslim countries, the glass ceiling effect in female judges’ careers remains persistent. Using the Islamic judicial system in Indonesia as a case study, this article aims to analyze the representation of female judges and examine why the glass ceiling effect exists in the Islamic judicial system in Indonesia. Drawing on interviews with twenty judges in various provinces in Indonesia and analyzing the gendered organization framework, this article argues that gender blindness in the Islamic judicial organization has contributed to the persistence of gender inequality and the glass ceiling effect. This article also argues that a gender-neutral setting contributes to sustaining or encouraging gendered practices within organizations. Furthermore, focusing on work-life balance as the only solution for addressing the under-representation of women in the public sphere does not necessarily ease them from caring responsibilities as the gendered division of labor in the domestic sphere has not changed. Therefore, we suggest that making the judicial system a gender transformative organization is essential in order to reduce the glass ceiling effect in the Islamic judicial system in Indonesia.
{"title":"Does Gender Blindness Improve Gender Equality? Female Judges and the Glass Ceiling Effect in the Islamic Judicial System in Indonesia","authors":"A. Kholiq, I. Halimatusa’diyah","doi":"10.1177/09646639221094153","DOIUrl":"https://doi.org/10.1177/09646639221094153","url":null,"abstract":"Despite the increasing participation of women judges worldwide, including in Muslim countries, the glass ceiling effect in female judges’ careers remains persistent. Using the Islamic judicial system in Indonesia as a case study, this article aims to analyze the representation of female judges and examine why the glass ceiling effect exists in the Islamic judicial system in Indonesia. Drawing on interviews with twenty judges in various provinces in Indonesia and analyzing the gendered organization framework, this article argues that gender blindness in the Islamic judicial organization has contributed to the persistence of gender inequality and the glass ceiling effect. This article also argues that a gender-neutral setting contributes to sustaining or encouraging gendered practices within organizations. Furthermore, focusing on work-life balance as the only solution for addressing the under-representation of women in the public sphere does not necessarily ease them from caring responsibilities as the gendered division of labor in the domestic sphere has not changed. Therefore, we suggest that making the judicial system a gender transformative organization is essential in order to reduce the glass ceiling effect in the Islamic judicial system in Indonesia.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.6,"publicationDate":"2022-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90086054","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 : 2022-04-11DOI: 10.1177/09646639221091226
K. Franko, D. R. Goyes
Issues related to victimhood are central to transitional justice and international criminal justice. However, processes of transitional justice do not usually include victims of drug-related violence, despite the fact that in several Latin American countries deaths caused by cartel violence easily meet criteria of civil war. This article's central argument is that distinctions between victims of war and victims of what is often termed conventional crime are of great importance to notions of legitimate victimhood in transitional contexts. Taking Colombia's Victims’ Law (2011) as a case study, we argue that the binary distinction between war and crime fails to address the needs of victims of mass drug violence and creates a hierarchy among victims. This has important symbolic, legal and material implications for those who find themselves in the less favoured category. Victims of drug related violence struggle to access justice and to make their voices heard in public discourses about violence. We argue that the current understanding of mass drug violence as ‘conventional crime’ represents a Northern perspective on violence, which can be counter-productive when used uncritically in Southern contexts.
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