Pub Date : 2021-07-20DOI: 10.1146/ANNUREV-LAWSOCSCI-120920-085908
Helena Alviar García
This article analyzes the different ways in which transitional justice has dealt with demands over property restitution and redistribution. To do this, it presents a review of academic literature regarding how to define reparation, the justifications for restitution, and the debate regarding property redistribution as a part of peace negotiations. The article ends with a synthesis of the different critiques raised to the ways in which restitution and redistribution of property have been legally structured. These critiques include foregrounding neoliberalism (as an economic ideal and a governance project) in transitional justice, unveiling gender biases as well as demands for more comprehensive redistribution in the aftermath of civil war. Expected final online publication date for the Annual Review of Law and Social Science, Volume 17 is October 2021. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
{"title":"Transitional Justice and Property: Inextricably Linked","authors":"Helena Alviar García","doi":"10.1146/ANNUREV-LAWSOCSCI-120920-085908","DOIUrl":"https://doi.org/10.1146/ANNUREV-LAWSOCSCI-120920-085908","url":null,"abstract":"This article analyzes the different ways in which transitional justice has dealt with demands over property restitution and redistribution. To do this, it presents a review of academic literature regarding how to define reparation, the justifications for restitution, and the debate regarding property redistribution as a part of peace negotiations. The article ends with a synthesis of the different critiques raised to the ways in which restitution and redistribution of property have been legally structured. These critiques include foregrounding neoliberalism (as an economic ideal and a governance project) in transitional justice, unveiling gender biases as well as demands for more comprehensive redistribution in the aftermath of civil war. Expected final online publication date for the Annual Review of Law and Social Science, Volume 17 is October 2021. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2021-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45142931","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 : 2021-07-20DOI: 10.1146/ANNUREV-LAWSOCSCI-111620-013613
T. Halliday, Shira Zilberstein, W. Espeland
With a focus on legal and other organizational actors beyond the state, this article seeks to expand the theory of conditions under which legal occupations will mobilize to fight for basic legal freedoms within states. It elaborates the line of scholarship on legal complexes and political liberalism within states since the 17th century. First, we catalog harms that international organizations (IOs) of many kinds seek to protect in the more than 190 states in the world. Second, we elaborate the concept of an international legal complex (ILC) as a collective actor in the global struggle for basic legal freedoms. We illustrate these two steps with new data on China drawn from a wider project. We show what harms mobilize the ILC, international human rights organizations (IHROs) and an international governmental organization, the UN Human Rights Council (UNHRC). We focus on accountability devices as tools differentially deployed by the ILC, IOs, and UNHRC in their efforts to influence the institutionalization of basic legal freedoms, an open civil society, and a moderate state in China. The illustrative case of China provides a framework for research and theory on all other countries. Expected final online publication date for the Annual Review of Law and Social Science, Volume 17 is October 2021. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
{"title":"Protecting Basic Legal Freedoms: International Legal Complexes, Accountability Devices, and the Deviant Case of China","authors":"T. Halliday, Shira Zilberstein, W. Espeland","doi":"10.1146/ANNUREV-LAWSOCSCI-111620-013613","DOIUrl":"https://doi.org/10.1146/ANNUREV-LAWSOCSCI-111620-013613","url":null,"abstract":"With a focus on legal and other organizational actors beyond the state, this article seeks to expand the theory of conditions under which legal occupations will mobilize to fight for basic legal freedoms within states. It elaborates the line of scholarship on legal complexes and political liberalism within states since the 17th century. First, we catalog harms that international organizations (IOs) of many kinds seek to protect in the more than 190 states in the world. Second, we elaborate the concept of an international legal complex (ILC) as a collective actor in the global struggle for basic legal freedoms. We illustrate these two steps with new data on China drawn from a wider project. We show what harms mobilize the ILC, international human rights organizations (IHROs) and an international governmental organization, the UN Human Rights Council (UNHRC). We focus on accountability devices as tools differentially deployed by the ILC, IOs, and UNHRC in their efforts to influence the institutionalization of basic legal freedoms, an open civil society, and a moderate state in China. The illustrative case of China provides a framework for research and theory on all other countries. Expected final online publication date for the Annual Review of Law and Social Science, Volume 17 is October 2021. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2021-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46991925","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}
Judges and jurors are asked to comb through horrific evidence of accidents and crimes when choosing verdicts and punishment. These factfinders are likely to experience and express intense emotions as a result. A review of social, cognitive, moral, and legal psychological science illuminates how experienced and expressed emotions in legal settings can unconsciously bias even the most well-intentioned, diligent factfinder’s decision-making processes in prejudicial ways. Experiencing negative emotions creates motivation to blame and punish—instigating blame validation processes to justify guilty/liability verdicts and harsher punishments. The review also examines how emotion expression can impugn legal actors’ credibility when it violates factfinders’ (often unrealistic) expectations for appropriate emotion in legal contexts. It considers misguided and promising interventions to help factfinders regulate emotional responses, advocating limiting emotional evidence as much as possible and, when not possible, helping factfinders reframe how they think about it and remain aware of their potential biases.
{"title":"The Impact of Experienced and Expressed Emotion on Legal Factfinding","authors":"Jessica M. Salerno","doi":"10.31234/osf.io/w5agm","DOIUrl":"https://doi.org/10.31234/osf.io/w5agm","url":null,"abstract":"Judges and jurors are asked to comb through horrific evidence of accidents and crimes when choosing verdicts and punishment. These factfinders are likely to experience and express intense emotions as a result. A review of social, cognitive, moral, and legal psychological science illuminates how experienced and expressed emotions in legal settings can unconsciously bias even the most well-intentioned, diligent factfinder’s decision-making processes in prejudicial ways. Experiencing negative emotions creates motivation to blame and punish—instigating blame validation processes to justify guilty/liability verdicts and harsher punishments. The review also examines how emotion expression can impugn legal actors’ credibility when it violates factfinders’ (often unrealistic) expectations for appropriate emotion in legal contexts. It considers misguided and promising interventions to help factfinders regulate emotional responses, advocating limiting emotional evidence as much as possible and, when not possible, helping factfinders reframe how they think about it and remain aware of their potential biases.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2021-07-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42138038","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 : 2021-07-06DOI: 10.1146/ANNUREV-LAWSOCSCI-111620-020400
M. Alicke, Stephanie H. Weigel
In criminal cases of self-defense and provocation, and civil cases of negligence, culpability is often decided with reference to how a reasonably prudent person (RPP) would have behaved in similar circumstances. The RPP is said to be an objective standard in that it eschews consideration of a defendant's unique background or characteristics. We discuss theory and evidence suggesting that in morally relevant judgments, including those involving negligence, self-defense, and provocation, the tendency to rely on the self—on one's own values and predilections—dominates considerations of the RPP. We consider subjective standards that have been proposed as alternatives to the RPP and review research on this topic. We conclude by considering avenues for future research, particularly addressing conditions in which self-standards of reasonableness are most likely to prevail. Expected final online publication date for the Annual Review of Law and Social Science, Volume 17 is October 2021. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
{"title":"The Reasonable Person Standard: Psychological and Legal Perspectives","authors":"M. Alicke, Stephanie H. Weigel","doi":"10.1146/ANNUREV-LAWSOCSCI-111620-020400","DOIUrl":"https://doi.org/10.1146/ANNUREV-LAWSOCSCI-111620-020400","url":null,"abstract":"In criminal cases of self-defense and provocation, and civil cases of negligence, culpability is often decided with reference to how a reasonably prudent person (RPP) would have behaved in similar circumstances. The RPP is said to be an objective standard in that it eschews consideration of a defendant's unique background or characteristics. We discuss theory and evidence suggesting that in morally relevant judgments, including those involving negligence, self-defense, and provocation, the tendency to rely on the self—on one's own values and predilections—dominates considerations of the RPP. We consider subjective standards that have been proposed as alternatives to the RPP and review research on this topic. We conclude by considering avenues for future research, particularly addressing conditions in which self-standards of reasonableness are most likely to prevail. Expected final online publication date for the Annual Review of Law and Social Science, Volume 17 is October 2021. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":"1 1","pages":""},"PeriodicalIF":2.4,"publicationDate":"2021-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41312784","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 : 2021-07-06DOI: 10.1146/ANNUREV-LAWSOCSCI-113020-074527
S. Deva
In recent years, various approaches to transnational regulation of business conduct have evolved as an alternative to the command-and-control model focusing on conduct of domestic businesses and the soft law approach of international human rights law to regulate corporations. On reviewing the potential of five such approaches (i.e., polycentric governance, extraterritorial regulation, proposed international treaty, reform of corporate laws, and rebalancing of trade-investment agreements), this article makes two arguments. First, although polycentric governance is critical to fill regulatory deficits of state-based regulation, this approach should not ignore or weaken further the role and relevance of states in regulating businesses, given the dynamic relation between state-based and other regulatory approaches. Second, greater attention should be paid to nonhuman rights regulatory regimes to change the corporate culture, which tends to externalize human rights issues. The increasing focus on the role of corporate laws and trade-investment agreements should be seen in this context. Expected final online publication date for the Annual Review of Law and Social Science, Volume 17 is October 2021. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
{"title":"Business and Human Rights: Alternative Approaches to Transnational Regulation","authors":"S. Deva","doi":"10.1146/ANNUREV-LAWSOCSCI-113020-074527","DOIUrl":"https://doi.org/10.1146/ANNUREV-LAWSOCSCI-113020-074527","url":null,"abstract":"In recent years, various approaches to transnational regulation of business conduct have evolved as an alternative to the command-and-control model focusing on conduct of domestic businesses and the soft law approach of international human rights law to regulate corporations. On reviewing the potential of five such approaches (i.e., polycentric governance, extraterritorial regulation, proposed international treaty, reform of corporate laws, and rebalancing of trade-investment agreements), this article makes two arguments. First, although polycentric governance is critical to fill regulatory deficits of state-based regulation, this approach should not ignore or weaken further the role and relevance of states in regulating businesses, given the dynamic relation between state-based and other regulatory approaches. Second, greater attention should be paid to nonhuman rights regulatory regimes to change the corporate culture, which tends to externalize human rights issues. The increasing focus on the role of corporate laws and trade-investment agreements should be seen in this context. Expected final online publication date for the Annual Review of Law and Social Science, Volume 17 is October 2021. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2021-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44438098","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 : 2021-05-15DOI: 10.1146/annurev-lawsocsci-010421-014915
Philippe Cullet, L. Bhullar, Sujith Koonan
International law seeks to ensure water security and to prevent or resolve conflicts leading to water insecurity. This relationship is based on a hybrid framework comprising binding and nonbinding instruments. The multi-scalar dimensions of water (in)security are recognized, but further engagement is required. The link between international law and water (in)security is considered primarily through the lens of international water law, which focuses on transboundary (surface) watercourses. Groundwater—the other main source of water and determinant of water (in)security—receives little attention. Further, the traditional state-centric approach, with its emphasis on sovereignty and cooperation, remains the dominant paradigm despite some attempts to redefine it. Several other branches of international law present opportunities for expanding international law's engagement with the water security discourse. Finally, the climate change challenge requires a reconsideration of international law's approach to water (in)security while considering the global dimensions of water. Expected final online publication date for the Annual Review of Law and Social Science, Volume 17 is October 2021. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
{"title":"Water Security and International Law","authors":"Philippe Cullet, L. Bhullar, Sujith Koonan","doi":"10.1146/annurev-lawsocsci-010421-014915","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-010421-014915","url":null,"abstract":"International law seeks to ensure water security and to prevent or resolve conflicts leading to water insecurity. This relationship is based on a hybrid framework comprising binding and nonbinding instruments. The multi-scalar dimensions of water (in)security are recognized, but further engagement is required. The link between international law and water (in)security is considered primarily through the lens of international water law, which focuses on transboundary (surface) watercourses. Groundwater—the other main source of water and determinant of water (in)security—receives little attention. Further, the traditional state-centric approach, with its emphasis on sovereignty and cooperation, remains the dominant paradigm despite some attempts to redefine it. Several other branches of international law present opportunities for expanding international law's engagement with the water security discourse. Finally, the climate change challenge requires a reconsideration of international law's approach to water (in)security while considering the global dimensions of water. Expected final online publication date for the Annual Review of Law and Social Science, Volume 17 is October 2021. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2021-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42892402","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 : 2021-05-05DOI: 10.1146/ANNUREV-LAWSOCSCI-111620-012514
Tamar Kricheli-Katz
Various forms of inequality, such as the gender, race, and class systems of inequality, operate and intersect in societies and markets. In this review, I discuss specifically the gender system of i...
{"title":"Gender Inequalities in Markets","authors":"Tamar Kricheli-Katz","doi":"10.1146/ANNUREV-LAWSOCSCI-111620-012514","DOIUrl":"https://doi.org/10.1146/ANNUREV-LAWSOCSCI-111620-012514","url":null,"abstract":"Various forms of inequality, such as the gender, race, and class systems of inequality, operate and intersect in societies and markets. In this review, I discuss specifically the gender system of i...","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2021-05-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47917270","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 : 2021-04-22DOI: 10.1146/ANNUREV-LAWSOCSCI-120920-084831
Benjamin Justice
Researchers have written a good deal in the last two decades about the relationship between public education and criminal justice as a pipeline by which public school practices correlate with or ca...
{"title":"Hobbling: The Effects of Proactive Policing and Mass Imprisonment on Children's Education","authors":"Benjamin Justice","doi":"10.1146/ANNUREV-LAWSOCSCI-120920-084831","DOIUrl":"https://doi.org/10.1146/ANNUREV-LAWSOCSCI-120920-084831","url":null,"abstract":"Researchers have written a good deal in the last two decades about the relationship between public education and criminal justice as a pipeline by which public school practices correlate with or ca...","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":"17 1","pages":""},"PeriodicalIF":2.4,"publicationDate":"2021-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43779275","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 : 2021-04-16DOI: 10.1146/ANNUREV-LAWSOCSCI-120920-084221
Keith J. Bybee
The United States, like many countries around the world today, is experiencing the disruption of traditional patterns of governance and the breaking of norms of everyday behavior. If we identify th...
像当今世界上许多国家一样，美国正在经历传统治理模式的瓦解和日常行为准则的打破。如果我们确定…
{"title":"Law and/or/as Civility","authors":"Keith J. Bybee","doi":"10.1146/ANNUREV-LAWSOCSCI-120920-084221","DOIUrl":"https://doi.org/10.1146/ANNUREV-LAWSOCSCI-120920-084221","url":null,"abstract":"The United States, like many countries around the world today, is experiencing the disruption of traditional patterns of governance and the breaking of norms of everyday behavior. If we identify th...","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2021-04-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44943275","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 : 2021-04-16DOI: 10.1146/ANNUREV-LAWSOCSCI-102720-020551
R. Cotterrell
This article identifies points of comparison between legal theory and social theory and possibilities for research communication between them. The current range of both fields is such that each mus...
{"title":"Social Theory and Legal Theory: Contemporary Interactions","authors":"R. Cotterrell","doi":"10.1146/ANNUREV-LAWSOCSCI-102720-020551","DOIUrl":"https://doi.org/10.1146/ANNUREV-LAWSOCSCI-102720-020551","url":null,"abstract":"This article identifies points of comparison between legal theory and social theory and possibilities for research communication between them. The current range of both fields is such that each mus...","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2021-04-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48722943","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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