{"title":"Remembrances of Lauren B. Edelman both personal and professional","authors":"Robin Stryker","doi":"10.1111/lasr.12673","DOIUrl":"https://doi.org/10.1111/lasr.12673","url":null,"abstract":"","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"57 3","pages":"370-375"},"PeriodicalIF":2.9,"publicationDate":"2023-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50126250","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}
How is law made worthless to the marginalized? Drawing on ethnographic observations in Paris and New York City, I establish a typology of devaluation practices in deportation hearings. I analyze how informal court practices devalue court actors, the hearing, and the law itself. Despite different levels of formal protections for migrants, deportation adjudication is pared down and devalued in both cities. This devaluation, however, followed distinct logics. New York hearings were characterized by a utilitarian law logic, where process and ritualistic elements deemed inessential were shed, leaving a stripped-down core focused on case processing. The minimal protections available to migrants were weakened further. By contrast, hollow law emerged in Parisian hearings, where everyday court practices eroded the more generous protections granted to migrants through formal law. While analyses of immigration adjudication have focused on decision-making, determinants of legal outcomes, and the interpretation of formal criteria, I instead conceptualize the courtroom as a space where value is actively unmade through informal practices, drawing on insights from the sociology of valuation and evaluation.
{"title":"Hollow law and utilitarian law: The devaluing of deportation hearings in New York City and Paris","authors":"Lili Dao","doi":"10.1111/lasr.12665","DOIUrl":"https://doi.org/10.1111/lasr.12665","url":null,"abstract":"<p>How is law made worthless to the marginalized? Drawing on ethnographic observations in Paris and New York City, I establish a typology of devaluation practices in deportation hearings. I analyze how informal court practices devalue court actors, the hearing, and the law itself. Despite different levels of formal protections for migrants, deportation adjudication is pared down and devalued in both cities. This devaluation, however, followed distinct logics. New York hearings were characterized by a <i>utilitarian law</i> logic, where process and ritualistic elements deemed inessential were shed, leaving a stripped-down core focused on case processing. The minimal protections available to migrants were weakened further. By contrast, <i>hollow law</i> emerged in Parisian hearings, where everyday court practices eroded the more generous protections granted to migrants through formal law. While analyses of immigration adjudication have focused on decision-making, determinants of legal outcomes, and the interpretation of formal criteria, I instead conceptualize the courtroom as a space where value is actively unmade through informal practices, drawing on insights from the sociology of valuation and evaluation.</p>","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"57 3","pages":"317-339"},"PeriodicalIF":2.9,"publicationDate":"2023-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50141185","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}
With a growing number of strict obligations and harsh sanctions for welfare recipients, the Netherlands has increasingly become a punitive welfare state. This article looks at what this means for welfare clients and their commonsense understandings of the law. To analyze how welfare officials shape clients' legal consciousness, I draw on an online survey among Dutch welfare clients (N = 1305) and a correlation analysis. The findings show that there is a clear relationship between welfare clients' own legal consciousness and their assessment of welfare officials' beliefs about the law. However, not all elements of their legal consciousness are relationally influenced by the same factors. Also, clients' self-reported compliance behavior is less relationally influenced than other elements of their legal consciousness. This study adds to our understanding of the mechanisms that constitute the production of relational and second-order legal consciousness and it contributes to the development of new research methods to study people's perceptions of law.
{"title":"Relational legal consciousness in the punitive welfare state: How Dutch welfare officials shape clients' perceptions of law","authors":"Marc Hertogh","doi":"10.1111/lasr.12663","DOIUrl":"https://doi.org/10.1111/lasr.12663","url":null,"abstract":"<p>With a growing number of strict obligations and harsh sanctions for welfare recipients, the Netherlands has increasingly become a punitive welfare state. This article looks at what this means for welfare clients and their commonsense understandings of the law. To analyze how welfare officials shape clients' legal consciousness, I draw on an online survey among Dutch welfare clients (<i>N</i> = 1305) and a correlation analysis. The findings show that there is a clear relationship between welfare clients' own legal consciousness and their assessment of welfare officials' beliefs about the law. However, not all elements of their legal consciousness are relationally influenced by the same factors. Also, clients' self-reported compliance behavior is less relationally influenced than other elements of their legal consciousness. This study adds to our understanding of the mechanisms that constitute the production of relational and second-order legal consciousness and it contributes to the development of new research methods to study people's perceptions of law.</p>","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"57 3","pages":"293-316"},"PeriodicalIF":2.9,"publicationDate":"2023-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lasr.12663","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50141184","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Editors' introduction to special memorial issue honoring professor Lauren B. Edelman","authors":"Katharina Heyer, Ashley Rubin, Shauhin Talesh","doi":"10.1111/lasr.12672","DOIUrl":"https://doi.org/10.1111/lasr.12672","url":null,"abstract":"","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"57 3","pages":"364-369"},"PeriodicalIF":2.9,"publicationDate":"2023-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50126249","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}
{"title":"How to train a student","authors":"Jamie Rowen","doi":"10.1111/lasr.12677","DOIUrl":"https://doi.org/10.1111/lasr.12677","url":null,"abstract":"","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"57 3","pages":"390-393"},"PeriodicalIF":2.9,"publicationDate":"2023-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50141177","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}
{"title":"An equal place: Lawyers in the struggle for Los Angeles. By Scott L. Cummings. New York: Oxford University Press. 2021. 688 pp. $49.95 hardcover","authors":"Reviewed by Rahim Kurwa","doi":"10.1111/lasr.12670","DOIUrl":"https://doi.org/10.1111/lasr.12670","url":null,"abstract":"","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"57 3","pages":"416-418"},"PeriodicalIF":2.9,"publicationDate":"2023-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50127619","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}
Law and globalization studies have documented how Global South lawyers compete over the adaptation of international norms. Yet, little is known about how this adaptation legitimates worldviews beyond the law. To advance this literature, this paper proposes a discourse-centered field analysis of the legal globalization of anti-corruption ideas in Brazil. It examines Brazilian lawyers' disputes over a 2016 anti-corruption bill. The bill supporters mobilize global anti-corruption discourses that are exogenous to the legal field to defend harsher criminal law. Their critics counter the reform by mobilizing endogenous legal ideas against criminal law expansion. In so doing, they do not challenge reformers' ideas about corruption. I show how this discursive mismatch leads to a form of globalization by stealth, whereby local dynamics allow global ideas to remain unchallenged in local fields.
{"title":"Discursive mismatch and globalization by stealth: The fight against corruption in the Brazilian legal field","authors":"Eduardo Cornelius","doi":"10.1111/lasr.12664","DOIUrl":"https://doi.org/10.1111/lasr.12664","url":null,"abstract":"<p>Law and globalization studies have documented how Global South lawyers compete over the adaptation of international norms. Yet, little is known about how this adaptation legitimates worldviews beyond the law. To advance this literature, this paper proposes a discourse-centered field analysis of the legal globalization of anti-corruption ideas in Brazil. It examines Brazilian lawyers' disputes over a 2016 anti-corruption bill. The bill supporters mobilize global anti-corruption discourses that are exogenous to the legal field to defend harsher criminal law. Their critics counter the reform by mobilizing endogenous legal ideas against criminal law expansion. In so doing, they do not challenge reformers' ideas about corruption. I show how this discursive mismatch leads to a form of globalization by stealth, whereby local dynamics allow global ideas to remain unchallenged in local fields.</p>","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"57 3","pages":"340-363"},"PeriodicalIF":2.9,"publicationDate":"2023-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lasr.12664","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50141186","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Justice in Lyon: Klaus Barbie and France's first trial for crimes against humanity. By Richard J. Golsan. Toronto: University of Toronto Press, 2022. 330 pp. $39.95 paperback","authors":"Reviewed by Katelyn Arac","doi":"10.1111/lasr.12668","DOIUrl":"https://doi.org/10.1111/lasr.12668","url":null,"abstract":"","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"57 3","pages":"413-414"},"PeriodicalIF":2.9,"publicationDate":"2023-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50141417","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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