Pub Date : 2023-05-30DOI: 10.1146/annurev-lawsocsci-110722-083932
M. Buchbinder, C. Cain
Medical aid in dying (MAID) has been a productive target for social scientific inquiry at the intersections of law and medicine over the past two decades. Insofar as MAID crystallizes and reflects personal and cultural understandings of key concepts such as individualism, dependency, dignity, and care, it is a rich site for social scientific theorizing. This article reviews and assesses the contributions of social scientific perspectives to research on MAID. We propose that social scientific research on MAID offers four distinctive contributions: its descriptive (rather than normative) orientation, its focus on cultural meanings, its insights into processes of knowledge production, and its comparative lens. The article's major sections describe ( a) attitudes toward MAID, ( b) MAID-related social movements, ( c) legalization approaches, and ( d) lived experiences of MAID in permissive jurisdictions. We conclude by reflecting on how MAID scholarship can inform social inquiry into other areas in which law and medicine converge. Expected final online publication date for the Annual Review of Law and Social Science, Volume 19 is October 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
{"title":"Medical Aid in Dying: New Frontiers in Medicine, Law, and Culture","authors":"M. Buchbinder, C. Cain","doi":"10.1146/annurev-lawsocsci-110722-083932","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-110722-083932","url":null,"abstract":"Medical aid in dying (MAID) has been a productive target for social scientific inquiry at the intersections of law and medicine over the past two decades. Insofar as MAID crystallizes and reflects personal and cultural understandings of key concepts such as individualism, dependency, dignity, and care, it is a rich site for social scientific theorizing. This article reviews and assesses the contributions of social scientific perspectives to research on MAID. We propose that social scientific research on MAID offers four distinctive contributions: its descriptive (rather than normative) orientation, its focus on cultural meanings, its insights into processes of knowledge production, and its comparative lens. The article's major sections describe ( a) attitudes toward MAID, ( b) MAID-related social movements, ( c) legalization approaches, and ( d) lived experiences of MAID in permissive jurisdictions. We conclude by reflecting on how MAID scholarship can inform social inquiry into other areas in which law and medicine converge. Expected final online publication date for the Annual Review of Law and Social Science, Volume 19 is October 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":null,"pages":null},"PeriodicalIF":2.4,"publicationDate":"2023-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48712607","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 : 2023-05-17DOI: 10.1146/annurev-lawsocsci-111522-074716
I. Rodgers, J. Armour, M. Sako
In this review, we explore the impact of technology on US and UK law firms, focusing in particular on the recent machine learning wave of artificial intelligence. Technology has not so far ushered the end of law firms as we know them. Adoption of artificial intelligence/machine learning is in its early stages in the sector, and its impact has been constrained by the scope of use cases for which it is so far well-suited. Technology is nevertheless transforming law firms, in the sense of leading to material changes to their current forms, in the following novel ways: ( a) deployment not only in the back office but in the front office, affecting lawyers’ core tasks of advising clients; ( b) opportunities for lawyers to pursue alternative career paths with different skill sets across the profession; and ( c) emerging options for law firms to adopt business models creating value from nonhuman capital and nonlegal human capital. Expected final online publication date for the Annual Review of Law and Social Science, Volume 19 is October 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
{"title":"How Technology Is (or Is Not) Transforming Law Firms","authors":"I. Rodgers, J. Armour, M. Sako","doi":"10.1146/annurev-lawsocsci-111522-074716","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-111522-074716","url":null,"abstract":"In this review, we explore the impact of technology on US and UK law firms, focusing in particular on the recent machine learning wave of artificial intelligence. Technology has not so far ushered the end of law firms as we know them. Adoption of artificial intelligence/machine learning is in its early stages in the sector, and its impact has been constrained by the scope of use cases for which it is so far well-suited. Technology is nevertheless transforming law firms, in the sense of leading to material changes to their current forms, in the following novel ways: ( a) deployment not only in the back office but in the front office, affecting lawyers’ core tasks of advising clients; ( b) opportunities for lawyers to pursue alternative career paths with different skill sets across the profession; and ( c) emerging options for law firms to adopt business models creating value from nonhuman capital and nonlegal human capital. Expected final online publication date for the Annual Review of Law and Social Science, Volume 19 is October 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":null,"pages":null},"PeriodicalIF":2.4,"publicationDate":"2023-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41396053","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 : 2023-05-17DOI: 10.1146/annurev-lawsocsci-111622-063213
Neil A. Lewis
To address issues of bias and discrimination in many areas of social life, scientists have developed a variety of strategies to debias people's minds and reduce discrimination and the disparities that stem from it. A large body of research has documented, however, that debias trainings have short-lived effects on changing patterns of thinking (i.e., they last less than 24 hours) and minimal effects on behaviors. In this article, I argue that such limited effects of one-time trainings are to be expected, given the segregated and stratified social structure we live in that was created by historic and contemporary laws and policies. After explaining the mechanisms through which laws and policies create biased people, I then explain how laws and policies can instead be used as levers to create long-lasting changes in biases. Expected final online publication date for the Annual Review of Law and Social Science, Volume 19 is October 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
{"title":"Cultivating Equal Minds: Laws and Policies as (De)biasing Social Interventions","authors":"Neil A. Lewis","doi":"10.1146/annurev-lawsocsci-111622-063213","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-111622-063213","url":null,"abstract":"To address issues of bias and discrimination in many areas of social life, scientists have developed a variety of strategies to debias people's minds and reduce discrimination and the disparities that stem from it. A large body of research has documented, however, that debias trainings have short-lived effects on changing patterns of thinking (i.e., they last less than 24 hours) and minimal effects on behaviors. In this article, I argue that such limited effects of one-time trainings are to be expected, given the segregated and stratified social structure we live in that was created by historic and contemporary laws and policies. After explaining the mechanisms through which laws and policies create biased people, I then explain how laws and policies can instead be used as levers to create long-lasting changes in biases. Expected final online publication date for the Annual Review of Law and Social Science, Volume 19 is October 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":null,"pages":null},"PeriodicalIF":2.4,"publicationDate":"2023-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48606644","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 : 2023-05-17DOI: 10.1146/annurev-lawsocsci-111522-075848
R. van Krieken
A significant body of social science research is now working with the concept of refeudalization—as well as related terms such as neo-feudalism and neo-medievalism—to analyze a variety of contemporary developments. The social science scholars who use these terms challenge an oversimplified modernization model that regards power relations such as serfdom, vassalage, suzerainty, and fiefdom as merely historical relics. The refeudalization process has significant legal dimensions, which this review outlines to draw out the central implications of the concept of refeudalization for an adequate understanding of current developments in law, society, and politics. Topics covered include the changing relationship between public and private law; the privatization of public authority and responsibilities; the territorial unbundling of sovereignty and the tendency toward multiple, overlapping authorities and jurisdictions; the contractualization of groups and political units as well as individuals; and the changing relationship between sovereignty and political representation. Expected final online publication date for the Annual Review of Law and Social Science, Volume 19 is October 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
{"title":"Refeudalization and Law: From the Rule of Law to Ties of Allegiance","authors":"R. van Krieken","doi":"10.1146/annurev-lawsocsci-111522-075848","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-111522-075848","url":null,"abstract":"A significant body of social science research is now working with the concept of refeudalization—as well as related terms such as neo-feudalism and neo-medievalism—to analyze a variety of contemporary developments. The social science scholars who use these terms challenge an oversimplified modernization model that regards power relations such as serfdom, vassalage, suzerainty, and fiefdom as merely historical relics. The refeudalization process has significant legal dimensions, which this review outlines to draw out the central implications of the concept of refeudalization for an adequate understanding of current developments in law, society, and politics. Topics covered include the changing relationship between public and private law; the privatization of public authority and responsibilities; the territorial unbundling of sovereignty and the tendency toward multiple, overlapping authorities and jurisdictions; the contractualization of groups and political units as well as individuals; and the changing relationship between sovereignty and political representation. Expected final online publication date for the Annual Review of Law and Social Science, Volume 19 is October 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":null,"pages":null},"PeriodicalIF":2.4,"publicationDate":"2023-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45220129","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 : 2022-10-18DOI: 10.1146/annurev-lawsocsci-050520-100205
Paul Baumgardner
The American legal academy has witnessed intense ideological assaults in recent decades, as political conservatives have sought to recast legal education and produce a different kind of legal professional. However, the paths by which conservatives have approached the law schools differ. Some conservative campaigns to remake American legal education have highlighted their ideological agenda, whereas other campaigns have taken steps to keep their ideological goals hidden. This review illustrates both strategies but dedicates special attention to conservative forces that have pursued the latter strategy of ideological concealment.
{"title":"Moving to the Right? How the Conservative Movement Has Shaped American Legal Education","authors":"Paul Baumgardner","doi":"10.1146/annurev-lawsocsci-050520-100205","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-050520-100205","url":null,"abstract":"The American legal academy has witnessed intense ideological assaults in recent decades, as political conservatives have sought to recast legal education and produce a different kind of legal professional. However, the paths by which conservatives have approached the law schools differ. Some conservative campaigns to remake American legal education have highlighted their ideological agenda, whereas other campaigns have taken steps to keep their ideological goals hidden. This review illustrates both strategies but dedicates special attention to conservative forces that have pursued the latter strategy of ideological concealment.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":null,"pages":null},"PeriodicalIF":2.4,"publicationDate":"2022-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47793298","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 : 2022-10-18DOI: 10.1146/annurev-lawsocsci-111621-125416
Susan Block-Lieb
Global scripts—the rules, norms, and standards in international texts, and the tacit assumptions that surround and give meaning to them—exist on numerous issues (finance, trade, economic development, climate change, education, human rights, and gender equality), at every level of engagement (international, national, local), and at every phase of recursive norm construction and contestation. Case studies involving global scripts appear across a wide range of scholarship—considering sociological, anthropological, or sociolegal perspectives, or on international political economy, international organizations, international relations, or law and development—but because they are focused on one piece of the puzzle at a time, variation exists regarding the definition of global scripts, the distinction between legal and policy scripts, and how explicitly scripts get articulated through and with reference to law. Enhanced theorization of global scripts holds promise for connecting legal to sociolegal scholarship precisely because global scripts and scriptwriting extend beyond the realm of law and lawmaking; it would enable deeper exploration of whether, how, and why a broad range of texts and practices influence behaviors.
{"title":"Global Scripts in Transnational Legal Orders and Governance","authors":"Susan Block-Lieb","doi":"10.1146/annurev-lawsocsci-111621-125416","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-111621-125416","url":null,"abstract":"Global scripts—the rules, norms, and standards in international texts, and the tacit assumptions that surround and give meaning to them—exist on numerous issues (finance, trade, economic development, climate change, education, human rights, and gender equality), at every level of engagement (international, national, local), and at every phase of recursive norm construction and contestation. Case studies involving global scripts appear across a wide range of scholarship—considering sociological, anthropological, or sociolegal perspectives, or on international political economy, international organizations, international relations, or law and development—but because they are focused on one piece of the puzzle at a time, variation exists regarding the definition of global scripts, the distinction between legal and policy scripts, and how explicitly scripts get articulated through and with reference to law. Enhanced theorization of global scripts holds promise for connecting legal to sociolegal scholarship precisely because global scripts and scriptwriting extend beyond the realm of law and lawmaking; it would enable deeper exploration of whether, how, and why a broad range of texts and practices influence behaviors.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":null,"pages":null},"PeriodicalIF":2.4,"publicationDate":"2022-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"63967964","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 : 2022-07-18DOI: 10.1146/annurev-lawsocsci-050420-010148
T. Neal, K. Martire, Jennifer L. Johan, Elizabeth M. Mathers, R. Otto
We review the state of forensic mental health assessment. The field is in much better shape than in the past; however, significant problems of quality remain, with much room for improvement. We provide an overview of forensic psychology's history and discuss its possible future, with multiple audiences in mind. We distill decades of scholarship from and about fundamental basic science and forensic science, clinical and forensic psychology, and the law of expert evidence into eight best practices for the validity of a forensic psychological assessment. We argue these best practices should apply when a psychological assessment relies on the norms, values, and esteem of science to inform legal processes. The eight key considerations include ( a) foundational validity of the assessment; ( b) validity of the assessment as applied; ( c) management and mitigation of bias; ( d) attention to quality assurance; ( e) appropriate communication of data, results, and opinions; ( f ) explicit consideration of limitations and assumptions; ( g) weighing of alternative views or disagreements; and ( h) adherence with ethical obligations, professional guidelines, codes of conduct, and rules of evidence. Expected final online publication date for the Annual Review of Law and Social Science, Volume 18 is October 2022. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
{"title":"The Law Meets Psychological Expertise: Eight Best Practices to Improve Forensic Psychological Assessment","authors":"T. Neal, K. Martire, Jennifer L. Johan, Elizabeth M. Mathers, R. Otto","doi":"10.1146/annurev-lawsocsci-050420-010148","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-050420-010148","url":null,"abstract":"We review the state of forensic mental health assessment. The field is in much better shape than in the past; however, significant problems of quality remain, with much room for improvement. We provide an overview of forensic psychology's history and discuss its possible future, with multiple audiences in mind. We distill decades of scholarship from and about fundamental basic science and forensic science, clinical and forensic psychology, and the law of expert evidence into eight best practices for the validity of a forensic psychological assessment. We argue these best practices should apply when a psychological assessment relies on the norms, values, and esteem of science to inform legal processes. The eight key considerations include ( a) foundational validity of the assessment; ( b) validity of the assessment as applied; ( c) management and mitigation of bias; ( d) attention to quality assurance; ( e) appropriate communication of data, results, and opinions; ( f ) explicit consideration of limitations and assumptions; ( g) weighing of alternative views or disagreements; and ( h) adherence with ethical obligations, professional guidelines, codes of conduct, and rules of evidence. Expected final online publication date for the Annual Review of Law and Social Science, Volume 18 is October 2022. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":null,"pages":null},"PeriodicalIF":2.4,"publicationDate":"2022-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45170892","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 : 2022-07-18DOI: 10.1146/annurev-lawsocsci-011921-060322
Richard Holden, A. Malani
This article examines the implications of Distributed Ledger Technology (a.k.a. blockchain) for several areas of law. While cryptocurrencies have received much attention, the implications of DLT are potentially far reaching. DLT raises interesting and important questions relating to rules of evidence, surrounding issues like hearsay and authentication. The advent of initial coin offerings has implications not only for how firms are financed but also for securities law in regulating such offerings. Cryptocurrencies themselves (e.g., Bitcoin) have raised serious issues for tax avoidance and taxation law. Relatedly, the rise of cryptocurrencies raises issues regarding the relationship between private and nationally issued currencies, and even the role and efficacy of monetary policy. Finally, DLT has practical implications for election law and voter turnout, with such technology already begun to be used for security purposes in online voting and permitted in 32 US states. Expected final online publication date for the Annual Review of Law and Social Science, Volume 18 is October 2022. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
{"title":"The Law and Economics of Blockchain","authors":"Richard Holden, A. Malani","doi":"10.1146/annurev-lawsocsci-011921-060322","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-011921-060322","url":null,"abstract":"This article examines the implications of Distributed Ledger Technology (a.k.a. blockchain) for several areas of law. While cryptocurrencies have received much attention, the implications of DLT are potentially far reaching. DLT raises interesting and important questions relating to rules of evidence, surrounding issues like hearsay and authentication. The advent of initial coin offerings has implications not only for how firms are financed but also for securities law in regulating such offerings. Cryptocurrencies themselves (e.g., Bitcoin) have raised serious issues for tax avoidance and taxation law. Relatedly, the rise of cryptocurrencies raises issues regarding the relationship between private and nationally issued currencies, and even the role and efficacy of monetary policy. Finally, DLT has practical implications for election law and voter turnout, with such technology already begun to be used for security purposes in online voting and permitted in 32 US states. Expected final online publication date for the Annual Review of Law and Social Science, Volume 18 is October 2022. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":null,"pages":null},"PeriodicalIF":2.4,"publicationDate":"2022-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46752256","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 : 2022-07-14DOI: 10.1146/annurev-lawsocsci-050420-112842
Nick Cheesman
Law and order denotes a negative form of peace secured among the members of a given social or political order. Minimally, it is an appeal to restore public order to conditions classed as disorderly, or to defend it against potential or articulated threats. But what counts as public disorder, and why is it a problem for any given social or political order? Although social and political scientists tend to concur that it is determined by tradition and convention, for some, the fact of disorder is sufficient for them to back projects for law enforcement and order maintenance. Others emphasize that facts about disorder are themselves socially made. Law and order is not a neutral category for interpretation of disorder, let alone for intervention. It is an ideological or discursive construct that itself warrants scrutiny. For still others, it is not just an element of ideology but a component in the technology of neoliberal government, which needs to be studied in terms of its functions and structural effects. And there are those who query whether law ought to be conjoined with order at all. They argue that no stable or necessary relation exists between the two and that the very idea of law and order is incongruous; that law and disorder or law or order is apposite. Expected final online publication date for the Annual Review of Law and Social Science, Volume 18 is October 2022. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
{"title":"Law and Order","authors":"Nick Cheesman","doi":"10.1146/annurev-lawsocsci-050420-112842","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-050420-112842","url":null,"abstract":"Law and order denotes a negative form of peace secured among the members of a given social or political order. Minimally, it is an appeal to restore public order to conditions classed as disorderly, or to defend it against potential or articulated threats. But what counts as public disorder, and why is it a problem for any given social or political order? Although social and political scientists tend to concur that it is determined by tradition and convention, for some, the fact of disorder is sufficient for them to back projects for law enforcement and order maintenance. Others emphasize that facts about disorder are themselves socially made. Law and order is not a neutral category for interpretation of disorder, let alone for intervention. It is an ideological or discursive construct that itself warrants scrutiny. For still others, it is not just an element of ideology but a component in the technology of neoliberal government, which needs to be studied in terms of its functions and structural effects. And there are those who query whether law ought to be conjoined with order at all. They argue that no stable or necessary relation exists between the two and that the very idea of law and order is incongruous; that law and disorder or law or order is apposite. Expected final online publication date for the Annual Review of Law and Social Science, Volume 18 is October 2022. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":null,"pages":null},"PeriodicalIF":2.4,"publicationDate":"2022-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48552092","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 : 2022-06-27DOI: 10.1146/annurev-lawsocsci-050420-113513
Carol A. Heimer, C. Davis
Although epidemics are generally understood as lying within the domain of biomedicine, legal and social arrangements play crucial roles in determining whether or not infectious disease outbreaks grow into epidemics and even pandemics. Yet epidemics are challenging terrain for legal regulation. Because epidemics cross political borders and span jurisdictional boundaries, funding for epidemic prevention, preparedness, and response is always inadequate and coordination is difficult. Because epidemics require rapid and nimble responses, governments and international organizations often declare states of emergency, thereby evading some of the usual strictures of law. And because they involve massive uncertainty and rapidly evolving health crises, they require legal actors to work more quickly and with lower standards of proof than is common in law and to intrude on the turf of medical and scientific professionals. Legal contributions to pandemic management could be improved if legal measures such as global treaties and domestic public health law took account of these special features of epidemics. Expected final online publication date for the Annual Review of Law and Social Science, Volume 18 is October 2022. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
{"title":"Good Law to Fight Bad Bugs: Legal Responses to Epidemics","authors":"Carol A. Heimer, C. Davis","doi":"10.1146/annurev-lawsocsci-050420-113513","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-050420-113513","url":null,"abstract":"Although epidemics are generally understood as lying within the domain of biomedicine, legal and social arrangements play crucial roles in determining whether or not infectious disease outbreaks grow into epidemics and even pandemics. Yet epidemics are challenging terrain for legal regulation. Because epidemics cross political borders and span jurisdictional boundaries, funding for epidemic prevention, preparedness, and response is always inadequate and coordination is difficult. Because epidemics require rapid and nimble responses, governments and international organizations often declare states of emergency, thereby evading some of the usual strictures of law. And because they involve massive uncertainty and rapidly evolving health crises, they require legal actors to work more quickly and with lower standards of proof than is common in law and to intrude on the turf of medical and scientific professionals. Legal contributions to pandemic management could be improved if legal measures such as global treaties and domestic public health law took account of these special features of epidemics. Expected final online publication date for the Annual Review of Law and Social Science, Volume 18 is October 2022. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":null,"pages":null},"PeriodicalIF":2.4,"publicationDate":"2022-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"63965582","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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