| 1. |
- Baaz, Mikael, 1966, et al.
(författare)
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Legal Pluralism, Gendered Discourses and Hybridity in Land-Titling Practices in Cambodia
- 2017
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Ingår i: Journal of law and society (Print). - : Wiley-Blackwell. - 0263-323X .- 1467-6478. ; 44:2, s. 220-227
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Tidskriftsartikel (refereegranskat)abstract
- This article describes and analyses the tensions, ambivalence, and hybridity that prevail in the nexus between discourses of gender and the legal pluralism of the new, formalized, and customary ways of handling land titles. Based on empirical research in Cambodia, it reveals a number of mechanisms, challenges, and inconsistencies in the practice of land-titling. Foremost, the practice of titling seems to be highly informed by local discourses of marriage, family, gender, and age, which all affect to whom land is assigned; this leaves a hybrid construction in the nexus between statutory law and customary practices. The article departs from this observation and adds three contributions on a theoretical level to existing research: by incorporating the dimensions of discourse analysis and legal hybridity, by linking the concept of legal pluralism to the process of hybridization, and by introducing the notion of hybridity of implementation as a supplement to hybridity of law.
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| 2. |
- Bergman Blix, Stina, 1971-, et al.
(författare)
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(Dis)passionate law stories : the emotional processes of encoding narratives in court
- 2022
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Ingår i: Journal of law and society. - : John Wiley & Sons. - 0263-323X .- 1467-6478. ; 49:2, s. 245-262
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Tidskriftsartikel (refereegranskat)abstract
- In this conceptual article, we propose that legal professional decision makers’ transformation of narratives in court (encoding) influences their emotional attunement to the stories at hand. First, we argue that the process of encoding is linked to the strict demand for dispassion in legal settings. Second, we introduce three techniques that regulate the emotional processes at play during the encoding of law narratives: demarcation, fragmentation, and proximation. Demarcation and fragmentation produce emotional distance from narratives and their associated emotions, while proximation refers to the deliberate calibration of emotional attunement to law stories to enable legal decision making. Demarcation and fragmentation are sustained by background emotions of ease and interest when stories align with legal requirements, versus disinterest and irritation when ‘too many’ details are introduced. Proximation is regulated through the epistemic emotions of doubt and certainty. By scrutinizing the subtle emotions involved in legal encoding, we problematize the ideal of judicial dispassion.
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| 3. |
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| 4. |
- Casey, Donal, 1984-, et al.
(författare)
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The Crystallization of Regulatory Norms
- 2011
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Ingår i: Journal of Law and Society. - : Wiley. - 0263-323X .- 1467-6478. ; 38:1, s. 76-95
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Tidskriftsartikel (refereegranskat)abstract
- This article investigates the processes through which regulatory norms generally, and in the context of transnational private regulation (TPR) in particular, become effective. We argue that institutionalization — the embedding of norms within some wider structures which impact upon their distribution, enforcement, and mode of transmission — is generally central to the processes through which regulatory norms are crystallized. We note that, within processes of crystallization of TPR norms, the potential for managing legitimacy has been exploited through the institutionalization of policies, structures, and processes which are responsive to the beliefs, expectations or interests of the relevant legitimacy communities. However, we suggest that the focus of such legitimating strategies on the making of rules and standards exposes weaknesses and limits to the potential of such legitimation attaching to actions which implement such norms through monitoring and enforcement, particularly where such processes are embedded within supply-chain contracts.
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| 5. |
- Olesen, Annette, et al.
(författare)
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The dynamic and iterative pre-dispute phases: the transformation from a justiciable problem into a legal dispute
- 2023
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Ingår i: Journal of Law and Society. - : Wiley. - 0263-323X .- 1467-6478. ; 50:1, s. 120-138
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Tidskriftsartikel (refereegranskat)abstract
- The pre-dispute phase, during which justiciable problems may or may not emerge and transform into legal cases, is complex. Based on a meta-ethnography of 572 articles, all of which apply or refer to Felstiner et al.’s pioneering linear framework of naming, blaming, and claiming, we analysed the many sorting mechanisms that are at play in the pre-dispute phase. We identified the institutional, political, cultural, and legal environments of various action arenas and the involvement of negotiating audiences as particularly important elements. Moreover, we found that the injured party's experiences and handling of a justiciable problem do not necessarily follow a predetermined chronology. Rather, we suggest that the process is dynamic and iterative, where the justiciable problem is repeatedly (re)named, (re)blamed, and (re)claimed, before it transforms into a legal case, develops in an alternative direction, or remains unchanged.
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| 6. |
- Scott, Hanna
(författare)
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‘We can't help you – it doesn't concern us’: the legal consciousness of young people seeking asylum in Sweden who report violent crime
- 2024
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Ingår i: Journal of law and society. - : WILEY. - 0263-323X .- 1467-6478.
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Tidskriftsartikel (refereegranskat)abstract
- Young people seeking asylum face many different forms of violence, including violent crime, yet their illegalization, as well as their experiences of police contact and border violence, often lead to reporting of crime not being perceived as a safe or viable option. But what are the experiences of those who, in spite of their fears, do attempt to engage with law by reporting crime? Drawing on in-depth interviews with Omid, Hussein, and Akram - three young men who have sought refuge in Sweden - this article examines their attempts to mobilize law as victims of crime at the intersection of restrictive migration controls and welfare exclusions. I argue that the legal consciousness of young people in this situation is shaped by the same legal structures that create the underlying conditions for their victimization as well as by other people's perceptions of how law operates in relation to their legal status. Relationships of trust, friendship, and support can aid engagement with the criminal justice system, yet such engagement often results in re-victimization instead of protection and a lack of meaningful remedies, reinforcing feelings of disenchantment with law.
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| 7. |
- Törnqvist, Nina, et al.
(författare)
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Epistemic emotions in prosecutorial decision making
- 2023
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Ingår i: Journal of Law and Society. - : John Wiley & Sons. - 0263-323X .- 1467-6478. ; 50:2, s. 208-230
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Tidskriftsartikel (refereegranskat)abstract
- The article examines epistemic emotions as part of the emotive-cognitive processes of prosecutors' knowledge seeking and decision making in preliminary investigation and court proceedings. Drawing on ethnographic fieldwork, interviews, and shadowing of prosecutors in Sweden, we show how emotions motivate and orient prosecutors' inquiries and the fundamental role of the 'certainty-doubt spiral' for 'doing objectivity'. In conclusion, we discuss the centrality of emotions for conscientious and well-considered decisions in legal work. The study contributes to the field of law and emotion by exploring the epistemic quality of emotions, notably the certainty-doubt spiral, in legal work.
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| 8. |
- Hydén, Håkan
(författare)
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Sociology of Law in Scandinavia
- 1986
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Ingår i: Journal of Law and Society. - 0263-323X. ; 13:1
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Tidskriftsartikel (refereegranskat)
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| 9. |
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