Pub Date : 2020-09-10DOI: 10.1146/annurev-lawsocsci-060220-081955
Molly K. Land, J. D. Aronson
This review surveys contemporary challenges in the field of technology and human rights. The increased use of artificial intelligence (AI) in decision making in the public and private sectors—e.g., in criminal justice, employment, public service, and financial contexts—poses significant threats to human rights. AI obscures and attenuates responsibility for harms in ways that undermine traditional mechanisms for holding wrongdoers accountable. Further, technologies that scholars and practitioners once thought would democratize human rights fact finding have been weaponized by state and non-state actors. They are now used to surveil and track citizens and spread disinformation that undermines public trust in knowledge. Addressing these challenges requires efforts to ensure that the development and implementation of new technologies respects and promotes human rights. Traditional distinctions between public and private must be updated to remain relevant in the face of deeply enmeshed state and corporate action in connection with technological innovation.
{"title":"Human Rights and Technology: New Challenges for Justice and Accountability","authors":"Molly K. Land, J. D. Aronson","doi":"10.1146/annurev-lawsocsci-060220-081955","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-060220-081955","url":null,"abstract":"This review surveys contemporary challenges in the field of technology and human rights. The increased use of artificial intelligence (AI) in decision making in the public and private sectors—e.g., in criminal justice, employment, public service, and financial contexts—poses significant threats to human rights. AI obscures and attenuates responsibility for harms in ways that undermine traditional mechanisms for holding wrongdoers accountable. Further, technologies that scholars and practitioners once thought would democratize human rights fact finding have been weaponized by state and non-state actors. They are now used to surveil and track citizens and spread disinformation that undermines public trust in knowledge. Addressing these challenges requires efforts to ensure that the development and implementation of new technologies respects and promotes human rights. Traditional distinctions between public and private must be updated to remain relevant in the face of deeply enmeshed state and corporate action in connection with technological innovation.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2020-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1146/annurev-lawsocsci-060220-081955","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47114293","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 : 2019-10-13DOI: 10.1146/annurev-lawsocsci-102612-133939
Daniel Rothenberg
Field-based research lies at the heart of human rights discourse and practice. Yet, there is a lack of consistency and coherence in the methodologies used and inadequate transparency regarding research methods in most human rights reporting. This situation opens work up to multiple challenges as to quality, veracity, and legitimacy. Although there have been repeated calls for greater methodological rigor through universal standards, general principles, and guidelines, human rights research remains diverse, uncoordinated, and disparate. This article explores these issues in relation to fact-finding, measuring violations, truth commissions, and emerging tools and technologies. It reviews how methodological debates reflect significant divisions among disciplines, differences in goals and objectives, distinct interests among various actors and organizations working on these issues, and the overall complexity of human rights research. The article argues against implementing universal research practices and for creatively and openly engaging debates regarding field-based methods. Such efforts can provide an essential corrective to unquestioned assumptions, enable greater transparency, and improve the overall quality and comparative value of human rights research.
{"title":"Field-Based Methods of Research on Human Rights Violations","authors":"Daniel Rothenberg","doi":"10.1146/annurev-lawsocsci-102612-133939","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-102612-133939","url":null,"abstract":"Field-based research lies at the heart of human rights discourse and practice. Yet, there is a lack of consistency and coherence in the methodologies used and inadequate transparency regarding research methods in most human rights reporting. This situation opens work up to multiple challenges as to quality, veracity, and legitimacy. Although there have been repeated calls for greater methodological rigor through universal standards, general principles, and guidelines, human rights research remains diverse, uncoordinated, and disparate. This article explores these issues in relation to fact-finding, measuring violations, truth commissions, and emerging tools and technologies. It reviews how methodological debates reflect significant divisions among disciplines, differences in goals and objectives, distinct interests among various actors and organizations working on these issues, and the overall complexity of human rights research. The article argues against implementing universal research practices and for creatively and openly engaging debates regarding field-based methods. Such efforts can provide an essential corrective to unquestioned assumptions, enable greater transparency, and improve the overall quality and comparative value of human rights research.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2019-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1146/annurev-lawsocsci-102612-133939","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49570418","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 : 2019-10-13DOI: 10.1146/annurev-lawsocsci-110316-113348
Liliana Obregón
Peripheral international legal histories are considered a new subfield of the discipline's historiography, though there is no defined canon, chronology, or accepted set of theoretical questions or conflicts. Despite the absence of an established literature, this review argues that peripheral histories of international law challenge the linear narrative that a European international legal system was unquestioned and easily incorporated by the new non-European states that surged in the nineteenth and twentieth centuries. This overview looks at several forms of approaching the literature that differ in methodology but share a (partial or complete) challenge to a coherent universal international law and a homogeneous forward-looking global project.
{"title":"Peripheral Histories of International Law","authors":"Liliana Obregón","doi":"10.1146/annurev-lawsocsci-110316-113348","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-110316-113348","url":null,"abstract":"Peripheral international legal histories are considered a new subfield of the discipline's historiography, though there is no defined canon, chronology, or accepted set of theoretical questions or conflicts. Despite the absence of an established literature, this review argues that peripheral histories of international law challenge the linear narrative that a European international legal system was unquestioned and easily incorporated by the new non-European states that surged in the nineteenth and twentieth centuries. This overview looks at several forms of approaching the literature that differ in methodology but share a (partial or complete) challenge to a coherent universal international law and a homogeneous forward-looking global project.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2019-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1146/annurev-lawsocsci-110316-113348","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43549722","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 : 2019-10-13DOI: 10.1146/annurev-lawsocsci-101518-042934
M. J. Cepeda Espinosa
Cepeda Espinosa reflects on how the social sciences, especially the theories of Philip Selznick on responsive law, influenced his approach to constitution making and institutional design, when he worked as presidential advisor to two Colombian presidents, as well as to constitutional adjudication, when he was a justice of the Constitutional Court. He also discusses how responsive constitutionalism has had a transformative impact in Colombia on the role of judges, the development of innovative legal notions, the design and implementation of public policies, and society at large.
{"title":"Responsive Constitutionalism","authors":"M. J. Cepeda Espinosa","doi":"10.1146/annurev-lawsocsci-101518-042934","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-101518-042934","url":null,"abstract":"Cepeda Espinosa reflects on how the social sciences, especially the theories of Philip Selznick on responsive law, influenced his approach to constitution making and institutional design, when he worked as presidential advisor to two Colombian presidents, as well as to constitutional adjudication, when he was a justice of the Constitutional Court. He also discusses how responsive constitutionalism has had a transformative impact in Colombia on the role of judges, the development of innovative legal notions, the design and implementation of public policies, and society at large.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2019-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1146/annurev-lawsocsci-101518-042934","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45613626","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 : 2019-10-13DOI: 10.1146/ANNUREV-LAWSOCSCI-101518-042919
N. Lacey
The resurgence of populism in Europe and North America is widely thought to have placed the rule of law under pressure. But how many of the relevant developments are indeed associated with populism? And is any such association a contingent or analytic matter: Does populism inevitably threaten the rule of law, or do other conditions intervene to shape its impact? After setting out how I understand the rule of law and populism, I examine the ways in which contemporary populist discourse has challenged the rule of law through a variety of mechanisms—notably agenda setting, policy impact, influence on discretionary decisions, and convention trashing—considering the institutional and social conditions that conduce to strengthen or weaken these mechanisms in particular contexts. Finally, I consider the implications of the analysis for contemporary criminalization, assessing how many of the factors producing penal populism or overcriminalization are truly a product of populism.
{"title":"Populism and the Rule of Law","authors":"N. Lacey","doi":"10.1146/ANNUREV-LAWSOCSCI-101518-042919","DOIUrl":"https://doi.org/10.1146/ANNUREV-LAWSOCSCI-101518-042919","url":null,"abstract":"The resurgence of populism in Europe and North America is widely thought to have placed the rule of law under pressure. But how many of the relevant developments are indeed associated with populism? And is any such association a contingent or analytic matter: Does populism inevitably threaten the rule of law, or do other conditions intervene to shape its impact? After setting out how I understand the rule of law and populism, I examine the ways in which contemporary populist discourse has challenged the rule of law through a variety of mechanisms—notably agenda setting, policy impact, influence on discretionary decisions, and convention trashing—considering the institutional and social conditions that conduce to strengthen or weaken these mechanisms in particular contexts. Finally, I consider the implications of the analysis for contemporary criminalization, assessing how many of the factors producing penal populism or overcriminalization are truly a product of populism.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2019-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1146/ANNUREV-LAWSOCSCI-101518-042919","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42793851","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 : 2019-10-13DOI: 10.1146/annurev-lawsocsci-101518-043037
Matthew Dimick
Should legal rules be used to redistribute income? Or should income taxation be the exclusive means for reducing income inequality? This article reviews the legal scholarship on this question. First, it traces how the most widely cited argument in favor of using taxes exclusively— Kaplow & Shavell's (1994) double-distortion argument—evolved from previous debates about whether legal rules could even be redistributive and whether law and economics should be concerned exclusively with efficiency or with distribution as well. Next, it surveys the responses to the double-distortion argument. These responses appear to have had only limited success in challenging the sturdy reputation of the double-distortion argument. Finally, it highlights new directions in a debate revived by increasing economic inequality.
{"title":"The Law and Economics of Redistribution","authors":"Matthew Dimick","doi":"10.1146/annurev-lawsocsci-101518-043037","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-101518-043037","url":null,"abstract":"Should legal rules be used to redistribute income? Or should income taxation be the exclusive means for reducing income inequality? This article reviews the legal scholarship on this question. First, it traces how the most widely cited argument in favor of using taxes exclusively— Kaplow & Shavell's (1994) double-distortion argument—evolved from previous debates about whether legal rules could even be redistributive and whether law and economics should be concerned exclusively with efficiency or with distribution as well. Next, it surveys the responses to the double-distortion argument. These responses appear to have had only limited success in challenging the sturdy reputation of the double-distortion argument. Finally, it highlights new directions in a debate revived by increasing economic inequality.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":"9 4","pages":"559-582"},"PeriodicalIF":2.4,"publicationDate":"2019-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138509592","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 : 2019-10-10DOI: 10.1146/ANNUREV-LAWSOCSCI-101518-042609
Silvia Pasquetti, Noemi Casati, R. Sanyal
Refugees have an increasing global significance, as their numbers continue to grow and the nature of displacement continues to evolve. Different international, state, and local laws and policies play a part in refugee crises. On the one hand, then, it is important to theorize the role of the law in shaping different formations of displacement; on the other, it is also crucial to address how the people involved in these crises (government officials, street-level bureaucrats, forced migrants, and receiving populations) engage with the law. We highlight and develop three areas of sociolegal inquiry that can push forward the study of the law and politics of refuge: ( a) the uneven geography shaping the global humanitarian machine; ( b) the local contexts within which such a machine operates, interacting with different actors’ conceptualizations of justice; and ( c) the distinct dilemmas that the urban environment poses to both refugees and humanitarians. Advancing these areas of sociolegal inquiry requires enriching established theoretical sources in refugee studies with both neglected ones, such as postcolonial theory and Pierre Bourdieu's sociology of forced displacement, and newer ones, such as Didier Fassin's anthropology of morality and pragmatic sociology of ordinary judgments of fairness.
{"title":"Law and Refugee Crises","authors":"Silvia Pasquetti, Noemi Casati, R. Sanyal","doi":"10.1146/ANNUREV-LAWSOCSCI-101518-042609","DOIUrl":"https://doi.org/10.1146/ANNUREV-LAWSOCSCI-101518-042609","url":null,"abstract":"Refugees have an increasing global significance, as their numbers continue to grow and the nature of displacement continues to evolve. Different international, state, and local laws and policies play a part in refugee crises. On the one hand, then, it is important to theorize the role of the law in shaping different formations of displacement; on the other, it is also crucial to address how the people involved in these crises (government officials, street-level bureaucrats, forced migrants, and receiving populations) engage with the law. We highlight and develop three areas of sociolegal inquiry that can push forward the study of the law and politics of refuge: ( a) the uneven geography shaping the global humanitarian machine; ( b) the local contexts within which such a machine operates, interacting with different actors’ conceptualizations of justice; and ( c) the distinct dilemmas that the urban environment poses to both refugees and humanitarians. Advancing these areas of sociolegal inquiry requires enriching established theoretical sources in refugee studies with both neglected ones, such as postcolonial theory and Pierre Bourdieu's sociology of forced displacement, and newer ones, such as Didier Fassin's anthropology of morality and pragmatic sociology of ordinary judgments of fairness.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2019-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1146/ANNUREV-LAWSOCSCI-101518-042609","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42917358","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 : 2019-10-10DOI: 10.1146/ANNUREV-LAWSOCSCI-101518-042808
Ashley T Rubin
David J. Rothman's The Discovery of the Asylum, one of the first major works to critically interrogate the beginning of America's extensive reliance on institutionalization, effectively launched the contemporary field of prison history. Rothman traced the first modern prisons’ (1820s–1850s) roots to the post-Revolution social turmoil and reformers’ desire for perfectly ordered spaces. In the nearly 50 years since his pioneering work, several generations of historians, inspired by Rothman, have amassed a wealth of information about the early prisons, much of it correcting inaccuracies and blind spots in his account. This review examines the knowledge about the rise of the prison, focusing on this post-Rothman work. In particular, this review discusses this newer work organized into three categories: the claim that prisons were an invention of Jacksonian America, reformers’ other motivations for creating and supporting prisons, and the frequently gendered and racialized experiences of prisoners. The review closes by reflecting on the importance of prison history in the contemporary context and suggesting areas for future research.
大卫·J·罗斯曼（David J.Rothman）的《庇护的发现》（The Discovery of The Asylum）是最早批判性地质疑美国对制度化的广泛依赖的主要作品之一，有效地开创了当代监狱史领域。罗斯曼将第一批现代监狱（19世纪20年代至19世纪50年代）的根源追溯到革命后的社会动荡和改革者对完美秩序空间的渴望。在他开创性工作以来的近50年里，几代历史学家在罗斯曼的启发下，积累了大量关于早期监狱的信息，其中大部分都纠正了他的叙述中的不准确和盲点。这篇综述考察了关于监狱兴起的知识，重点关注这篇后罗斯曼时代的作品。特别是，这篇综述讨论了这项新的工作，分为三类：声称监狱是杰克逊时代美国的发明，改革者创建和支持监狱的其他动机，以及囚犯频繁的性别化和种族化经历。该综述最后反思了监狱历史在当代背景下的重要性，并提出了未来研究的领域。
{"title":"Early US Prison History Beyond Rothman: RevisitingThe Discovery of the Asylum","authors":"Ashley T Rubin","doi":"10.1146/ANNUREV-LAWSOCSCI-101518-042808","DOIUrl":"https://doi.org/10.1146/ANNUREV-LAWSOCSCI-101518-042808","url":null,"abstract":"David J. Rothman's The Discovery of the Asylum, one of the first major works to critically interrogate the beginning of America's extensive reliance on institutionalization, effectively launched the contemporary field of prison history. Rothman traced the first modern prisons’ (1820s–1850s) roots to the post-Revolution social turmoil and reformers’ desire for perfectly ordered spaces. In the nearly 50 years since his pioneering work, several generations of historians, inspired by Rothman, have amassed a wealth of information about the early prisons, much of it correcting inaccuracies and blind spots in his account. This review examines the knowledge about the rise of the prison, focusing on this post-Rothman work. In particular, this review discusses this newer work organized into three categories: the claim that prisons were an invention of Jacksonian America, reformers’ other motivations for creating and supporting prisons, and the frequently gendered and racialized experiences of prisoners. The review closes by reflecting on the importance of prison history in the contemporary context and suggesting areas for future research.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2019-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1146/ANNUREV-LAWSOCSCI-101518-042808","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49433239","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 : 2019-10-10DOI: 10.1146/annurev-lawsocsci-101518-042649
Naomi Murakawa
Racial innocence is the practice of securing blamelessness for the death-dealing realities of racial capitalism. This article reviews the legal, social scientific, and reformist mechanisms that maintain the racial innocence of one particular site: the US carceral state. With its routine dehumanization, violence, and stunning levels of racial disparity, the carceral state should be a hard test case for the willful unknowing of obvious devastation. Nonetheless, the law presumes “no racism,” condones racial profiling, and interprets racial disparity in policing and imprisonment as evidence of true racial difference in criminality, not discrimination. Prominent social science research too often mimics these practices, producing research that aids in the collective erasure of racism.
{"title":"Racial Innocence: Law, Social Science, and the Unknowing of Racism in the US Carceral State","authors":"Naomi Murakawa","doi":"10.1146/annurev-lawsocsci-101518-042649","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-101518-042649","url":null,"abstract":"Racial innocence is the practice of securing blamelessness for the death-dealing realities of racial capitalism. This article reviews the legal, social scientific, and reformist mechanisms that maintain the racial innocence of one particular site: the US carceral state. With its routine dehumanization, violence, and stunning levels of racial disparity, the carceral state should be a hard test case for the willful unknowing of obvious devastation. Nonetheless, the law presumes “no racism,” condones racial profiling, and interprets racial disparity in policing and imprisonment as evidence of true racial difference in criminality, not discrimination. Prominent social science research too often mimics these practices, producing research that aids in the collective erasure of racism.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2019-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1146/annurev-lawsocsci-101518-042649","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49308549","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 : 2019-10-10DOI: 10.1146/ANNUREV-LAWSOCSCI-101518-042617
T. Goldbach
In examining how laws and legal institutions move across jurisdictions, comparative law scholars have employed the metaphor of a legal transplant to conceptualize both the hazards and benefits of taking in another legal system's rules. As law and society scholars become increasingly interested in the international domain, they will naturally seek out disciplines that have grappled with issues of law and culture, diffusion of governance structures, and the social processes involved in transnational lawmaking. We can thus learn a great deal from the rich literature on legal transplants. However, we should also be wary of its anemic examination of relations of power and strive to employ empirical methods to measure the social forces and factors involved. This article gives an historical overview of the key developments and debates within the legal transplant literature and suggests new directions for further research intended for a sociology of the movement of law.
{"title":"Why Legal Transplants?","authors":"T. Goldbach","doi":"10.1146/ANNUREV-LAWSOCSCI-101518-042617","DOIUrl":"https://doi.org/10.1146/ANNUREV-LAWSOCSCI-101518-042617","url":null,"abstract":"In examining how laws and legal institutions move across jurisdictions, comparative law scholars have employed the metaphor of a legal transplant to conceptualize both the hazards and benefits of taking in another legal system's rules. As law and society scholars become increasingly interested in the international domain, they will naturally seek out disciplines that have grappled with issues of law and culture, diffusion of governance structures, and the social processes involved in transnational lawmaking. We can thus learn a great deal from the rich literature on legal transplants. However, we should also be wary of its anemic examination of relations of power and strive to employ empirical methods to measure the social forces and factors involved. This article gives an historical overview of the key developments and debates within the legal transplant literature and suggests new directions for further research intended for a sociology of the movement of law.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2019-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1146/ANNUREV-LAWSOCSCI-101518-042617","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41984907","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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