Pub Date : 2022-01-24DOI: 10.1177/09646639211073652
Defne Över, Irem Tuncer-Ebetürk
Scholars exploring transitions to personalist rule focus on coercive power transfer to personalist rulers and argue that forming viable political coalitions, undermining power-sharing agreements, and mobilizing non-democratic institutions play a crucial role in transferring coercive power. However, no regime can rule by coercion alone, and transitions to personalist rule also involve making new frameworks of legitimacy. Exploring the connections between Turkey's recent transition to personalist rule and the drastic jump in the number of insult proceedings that accompanied the transition, this article finds that insult proceedings play a particular role in making new frameworks of legitimacy in transitions to personalist rule. We argue that insult proceedings work as a coercive method of punishment that curbs dissent while constructing a new framework of legitimacy based on the ruler's charisma. The study builds on an in-depth examination of insult cases filed during Erdoğan's presidency in Turkey and interviews with legal experts and suspects. It contributes to the understanding of the use of laws and legality in autocratization processes.
{"title":"Insult, Charisma, and Legitimacy: Turkey's Transition to Personalist Rule","authors":"Defne Över, Irem Tuncer-Ebetürk","doi":"10.1177/09646639211073652","DOIUrl":"https://doi.org/10.1177/09646639211073652","url":null,"abstract":"Scholars exploring transitions to personalist rule focus on coercive power transfer to personalist rulers and argue that forming viable political coalitions, undermining power-sharing agreements, and mobilizing non-democratic institutions play a crucial role in transferring coercive power. However, no regime can rule by coercion alone, and transitions to personalist rule also involve making new frameworks of legitimacy. Exploring the connections between Turkey's recent transition to personalist rule and the drastic jump in the number of insult proceedings that accompanied the transition, this article finds that insult proceedings play a particular role in making new frameworks of legitimacy in transitions to personalist rule. We argue that insult proceedings work as a coercive method of punishment that curbs dissent while constructing a new framework of legitimacy based on the ruler's charisma. The study builds on an in-depth examination of insult cases filed during Erdoğan's presidency in Turkey and interviews with legal experts and suspects. It contributes to the understanding of the use of laws and legality in autocratization processes.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.6,"publicationDate":"2022-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82406646","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 : 2022-01-11DOI: 10.1177/09646639211072215
Luca Siliquini-Cinelli
Apparent certainties are no longer taken for granted, if not heavily criticized. These certainties include the acceptance of the “ functional method ” as the only or at least predominant method for comparative research, the “ country and Western ” approach, which leaves aside non-State legal systems and non-Western legal cultures, the idea that comparative research would consist in simply describing (aspects of) two or more legal systems, a uniquely doctrinal approach with little attention to law ’ s context, and a more or less fi xed taxonomy of “ legal families ” . They have been replaced by a more scholarly approach to comparative law, starting from research questions and hypotheses, using methods, including those from the social sciences, which seem appropriate to fi nd answers to those research questions and to test the hypotheses. This new approach is clearly characterized by pluralism - pluralism as to the kinds of legal systems compared (not just State law) and a methodological pluralism. 1
{"title":"Book Review: Paradigms in Modern European Comparative Law. A History","authors":"Luca Siliquini-Cinelli","doi":"10.1177/09646639211072215","DOIUrl":"https://doi.org/10.1177/09646639211072215","url":null,"abstract":"Apparent certainties are no longer taken for granted, if not heavily criticized. These certainties include the acceptance of the “ functional method ” as the only or at least predominant method for comparative research, the “ country and Western ” approach, which leaves aside non-State legal systems and non-Western legal cultures, the idea that comparative research would consist in simply describing (aspects of) two or more legal systems, a uniquely doctrinal approach with little attention to law ’ s context, and a more or less fi xed taxonomy of “ legal families ” . They have been replaced by a more scholarly approach to comparative law, starting from research questions and hypotheses, using methods, including those from the social sciences, which seem appropriate to fi nd answers to those research questions and to test the hypotheses. This new approach is clearly characterized by pluralism - pluralism as to the kinds of legal systems compared (not just State law) and a methodological pluralism. 1","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.6,"publicationDate":"2022-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74498171","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 : 2021-12-22DOI: 10.1177/09646639211041476
R. Leckey, Raphael Schmieder-Gropen, C. Nnebe, Miriam Clouthier
The settler state's taking of Indigenous children into care disrupts their communities and continues destructive, assimilationist policies. This article presents the perceptions of lawyers, social workers and judges of how Indigenous parents experience child welfare in Quebec. Our participants characterized those experiences negatively. Barriers of language and culture as well as mistrust impede meaningful participation. Parents experience epistemic injustice, wronged in their capacity as knowers. Mistrust also hampers efforts to include Indigenous workers in the system. Emphasizing state workers’ ignorance of Indigenous family practices and the harms of settler colonialism, participants called for greater training. But critical literature on professional education signals the limits of such training to change institutions. Our findings reinforce the jurisdictional calls away from improving the system towards empowering Indigenous peoples to run services of child welfare. The patterns detected and theoretical resources used are relevant to researchers of other institutions that interact with vulnerable populations.
{"title":"Indigenous parents and child welfare: Mistrust, epistemic injustice, and training","authors":"R. Leckey, Raphael Schmieder-Gropen, C. Nnebe, Miriam Clouthier","doi":"10.1177/09646639211041476","DOIUrl":"https://doi.org/10.1177/09646639211041476","url":null,"abstract":"The settler state's taking of Indigenous children into care disrupts their communities and continues destructive, assimilationist policies. This article presents the perceptions of lawyers, social workers and judges of how Indigenous parents experience child welfare in Quebec. Our participants characterized those experiences negatively. Barriers of language and culture as well as mistrust impede meaningful participation. Parents experience epistemic injustice, wronged in their capacity as knowers. Mistrust also hampers efforts to include Indigenous workers in the system. Emphasizing state workers’ ignorance of Indigenous family practices and the harms of settler colonialism, participants called for greater training. But critical literature on professional education signals the limits of such training to change institutions. Our findings reinforce the jurisdictional calls away from improving the system towards empowering Indigenous peoples to run services of child welfare. The patterns detected and theoretical resources used are relevant to researchers of other institutions that interact with vulnerable populations.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.6,"publicationDate":"2021-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81285500","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 : 2021-12-08DOI: 10.1177/09646639211058832
H. Redwood, Hannah Goozee
In December 2015, the International Criminal Tribunal for Rwanda delivered its final verdict in Butare, bringing the International Criminal Tribunal for Rwanda to a close after 21-years. Despite the important role that the tribunal played in confirming international criminal justice as a key transitional justice mechanism, and tool of international peace and security, there has been little retrospective analysis of the court’s history. This article draws on a Bourdieusian field analysis to address the absence and makes two contributions. First, it demonstrates that over the International Criminal Tribunal for Rwanda’s history the tribunal’s conception of justice shifted from a weak form of restorative justice to a more traditional form of retributive justice. Second, it reveals that this shift was the result of a ‘settling’ on the law and, more importantly, UN Security Council interventions. This legalisation and politicisation of trial practice saw a shift in the field from prioritising moral authority to legal and delegated authority.
{"title":"Shifting Accounts of Justice: The Legalisation and Politicisation of International Criminal Justice","authors":"H. Redwood, Hannah Goozee","doi":"10.1177/09646639211058832","DOIUrl":"https://doi.org/10.1177/09646639211058832","url":null,"abstract":"In December 2015, the International Criminal Tribunal for Rwanda delivered its final verdict in Butare, bringing the International Criminal Tribunal for Rwanda to a close after 21-years. Despite the important role that the tribunal played in confirming international criminal justice as a key transitional justice mechanism, and tool of international peace and security, there has been little retrospective analysis of the court’s history. This article draws on a Bourdieusian field analysis to address the absence and makes two contributions. First, it demonstrates that over the International Criminal Tribunal for Rwanda’s history the tribunal’s conception of justice shifted from a weak form of restorative justice to a more traditional form of retributive justice. Second, it reveals that this shift was the result of a ‘settling’ on the law and, more importantly, UN Security Council interventions. This legalisation and politicisation of trial practice saw a shift in the field from prioritising moral authority to legal and delegated authority.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.6,"publicationDate":"2021-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73784160","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 : 2021-12-06DOI: 10.1177/09646639211060809
E. Cooke
This paper critically explores the working culture of legal aid lawyers and develops a novel ‘Shared Orientation’ model to better understand contemporary legal aid work and its workers. Set within a context of changing professional identities, a shrinking industry and financial constraints, the paper draws on ethnographic and interview data conducted with a high-street firm, multiple courtrooms and a law centre. It examines the emerging relevance and applicability of this new conceptual lens, refocusing the gaze on working life in fissured legal workplaces. It is argued that the ‘Shared Orientation’ model upholds multiple functions. Firstly, it captures the cultural heterogeneity of the legal aid profession, across civil-criminal and solicitor-barrister remits alike. Secondly, the model functions as a form of cohesive coping mechanism in response to the changing professional identity of the legal aid lawyers. Moreover, the ‘Shared Orientation’ offers unity as a way of functioning in an otherwise fragmented profession through its preservation of working culture ideals.
{"title":"The Working Culture of Legal Aid Lawyers: Developing a ‘Shared Orientation Model’","authors":"E. Cooke","doi":"10.1177/09646639211060809","DOIUrl":"https://doi.org/10.1177/09646639211060809","url":null,"abstract":"This paper critically explores the working culture of legal aid lawyers and develops a novel ‘Shared Orientation’ model to better understand contemporary legal aid work and its workers. Set within a context of changing professional identities, a shrinking industry and financial constraints, the paper draws on ethnographic and interview data conducted with a high-street firm, multiple courtrooms and a law centre. It examines the emerging relevance and applicability of this new conceptual lens, refocusing the gaze on working life in fissured legal workplaces. It is argued that the ‘Shared Orientation’ model upholds multiple functions. Firstly, it captures the cultural heterogeneity of the legal aid profession, across civil-criminal and solicitor-barrister remits alike. Secondly, the model functions as a form of cohesive coping mechanism in response to the changing professional identity of the legal aid lawyers. Moreover, the ‘Shared Orientation’ offers unity as a way of functioning in an otherwise fragmented profession through its preservation of working culture ideals.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.6,"publicationDate":"2021-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83277772","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 : 2021-12-06DOI: 10.1177/09646639211060814
Alexandra L Cox, Camila Gripp
This article focuses on the self-legitimation strategies of frontline prosecutors working in a Northeastern city in the United States (“Belton”). The research took place in a self-described “progressive” prosecutor's office in the midst of a legitimacy crisis that prosecutors faced across the country. The prosecutors in Belton spoke about their role and practices in the face of this legitimacy crisis through a strategy of differentiation from other criminal justice actors, aimed at establishing their purported positional and moral superiority in enacting criminal justice practices, and through minimizing their responsibility for the systemic harms that prosecutors more generally have been said to perpetuate.
{"title":"The Legitimation Strategies of “Progressive” Prosecutors","authors":"Alexandra L Cox, Camila Gripp","doi":"10.1177/09646639211060814","DOIUrl":"https://doi.org/10.1177/09646639211060814","url":null,"abstract":"This article focuses on the self-legitimation strategies of frontline prosecutors working in a Northeastern city in the United States (“Belton”). The research took place in a self-described “progressive” prosecutor's office in the midst of a legitimacy crisis that prosecutors faced across the country. The prosecutors in Belton spoke about their role and practices in the face of this legitimacy crisis through a strategy of differentiation from other criminal justice actors, aimed at establishing their purported positional and moral superiority in enacting criminal justice practices, and through minimizing their responsibility for the systemic harms that prosecutors more generally have been said to perpetuate.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.6,"publicationDate":"2021-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77039388","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 : 2021-11-29DOI: 10.1177/09646639211061848
Veronica L. Horowitz, Ryan Larson, Allison Nobles, Victoria Piehowski, Joshua Page
This paper analyzes the implementation of a domestic violence law in Minnesota that, in 2006, made the violation of a Domestic Abuse No-Contact Order a felony-level offense. Since this legal change, the rate of conviction for Domestic Abuse No-Contact Order felonies skyrocketed with stark racial disparities among Black and Native American residents, relative to Whites. Analysis of case files reveals that Domestic Abuse No-Contact Order convictions result from a range of behaviors, from seemingly mutual contact between the defendant and protected party to serious physical violence. We argue that the Domestic Abuse No-Contact Order law facilitates pragmatic punitiveness for legal actors. It is easier for prosecutors to demonstrate contact occurred than to prove domestic assault. Yet, the penalty for a Domestic Abuse No-Contact Order is as severe as the penalties for other domestic abuse-related crimes in Minnesota. Thus, the Domestic Abuse No-Contact Order law enables prosecutors to respond forcefully to domestic violence while avoiding additional burdens on their time and resources.
{"title":"Pragmatic Punitiveness: The Institutionalization of Criminal Domestic Violence Protection Orders","authors":"Veronica L. Horowitz, Ryan Larson, Allison Nobles, Victoria Piehowski, Joshua Page","doi":"10.1177/09646639211061848","DOIUrl":"https://doi.org/10.1177/09646639211061848","url":null,"abstract":"This paper analyzes the implementation of a domestic violence law in Minnesota that, in 2006, made the violation of a Domestic Abuse No-Contact Order a felony-level offense. Since this legal change, the rate of conviction for Domestic Abuse No-Contact Order felonies skyrocketed with stark racial disparities among Black and Native American residents, relative to Whites. Analysis of case files reveals that Domestic Abuse No-Contact Order convictions result from a range of behaviors, from seemingly mutual contact between the defendant and protected party to serious physical violence. We argue that the Domestic Abuse No-Contact Order law facilitates pragmatic punitiveness for legal actors. It is easier for prosecutors to demonstrate contact occurred than to prove domestic assault. Yet, the penalty for a Domestic Abuse No-Contact Order is as severe as the penalties for other domestic abuse-related crimes in Minnesota. Thus, the Domestic Abuse No-Contact Order law enables prosecutors to respond forcefully to domestic violence while avoiding additional burdens on their time and resources.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.6,"publicationDate":"2021-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86388790","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 : 2021-11-24DOI: 10.1177/09646639211057288
P. Gómez, N. Romo-Avilés, Laura Pavón-Benítez
This study investigates the factors associated with alcohol-facilitated sexual violence among young women in the Spanish night-time economy, through the analysis of twenty-six qualitative interviews with eleven young women and fifteen young men who frequent these spaces. Our results show how this type of violence originates, both from the perspective of the young women and the young men. The young women warn of the risk of sexual victimization associated with the abuse of alcohol. The young men, for their part, describe the tactics used to gain non-consensual sexual contact. These data contribute to showing how important it is for the legislation on these matters to have a gender perspective. They also add to the complex debate on the penal reform that is ongoing in Spain, in particular on sexual crimes facilitated by alcohol abuse.
{"title":"“Yo sí te Creo”: Alcohol-facilitated sexual violence among young women in the Spanish night-time economy","authors":"P. Gómez, N. Romo-Avilés, Laura Pavón-Benítez","doi":"10.1177/09646639211057288","DOIUrl":"https://doi.org/10.1177/09646639211057288","url":null,"abstract":"This study investigates the factors associated with alcohol-facilitated sexual violence among young women in the Spanish night-time economy, through the analysis of twenty-six qualitative interviews with eleven young women and fifteen young men who frequent these spaces. Our results show how this type of violence originates, both from the perspective of the young women and the young men. The young women warn of the risk of sexual victimization associated with the abuse of alcohol. The young men, for their part, describe the tactics used to gain non-consensual sexual contact. These data contribute to showing how important it is for the legislation on these matters to have a gender perspective. They also add to the complex debate on the penal reform that is ongoing in Spain, in particular on sexual crimes facilitated by alcohol abuse.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.6,"publicationDate":"2021-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80026788","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 : 2021-11-02DOI: 10.1177/09646639211040171
Atina Krajewska
This article examines the motivations of doctors operating in restrictive abortion regimes, and it takes Poland as a case study. It places in the foreground institutional and intra-professional factors that determine abortion healthcare, which to date have been accorded little attention. The article compares the impact that criminal, professional, and social sanctions have upon the provision of abortion services. In so doing, its purpose is to refocus debate in this area. It aims to move the emphasis away from legal and political factors, including the criminalisation of abortion, and to place it on medical agency. The Polish case study is examined to test out, in the context of a late-transitional polity, the sustainability of neo-institutionalist approaches to the study of law and organisations and the sociology of professions. The analysis is particularly important and urgent in light of the recent retrenchment of reproductive rights in Poland, and beyond.
{"title":"Revisiting Polish Abortion Law: Doctors and Institutions in a Restrictive Regime","authors":"Atina Krajewska","doi":"10.1177/09646639211040171","DOIUrl":"https://doi.org/10.1177/09646639211040171","url":null,"abstract":"This article examines the motivations of doctors operating in restrictive abortion regimes, and it takes Poland as a case study. It places in the foreground institutional and intra-professional factors that determine abortion healthcare, which to date have been accorded little attention. The article compares the impact that criminal, professional, and social sanctions have upon the provision of abortion services. In so doing, its purpose is to refocus debate in this area. It aims to move the emphasis away from legal and political factors, including the criminalisation of abortion, and to place it on medical agency. The Polish case study is examined to test out, in the context of a late-transitional polity, the sustainability of neo-institutionalist approaches to the study of law and organisations and the sociology of professions. The analysis is particularly important and urgent in light of the recent retrenchment of reproductive rights in Poland, and beyond.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.6,"publicationDate":"2021-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90557052","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 : 2021-11-02DOI: 10.1177/09646639211054787
Sara Dezalay
{"title":"Book Review: Transnational Law and State Transformation. The Case of Extractive Development in Mongolia","authors":"Sara Dezalay","doi":"10.1177/09646639211054787","DOIUrl":"https://doi.org/10.1177/09646639211054787","url":null,"abstract":"","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.6,"publicationDate":"2021-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87891871","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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