Through a multi-method qualitative case study, I examine the failed 2016 ballot campaign of the Committee for Professional Policing (CfPP), a police accountability group in Minneapolis, Minnesota. In attempting to make Minneapolis the first city nationwide to require police to carry professional liability insurance, the CfPP turned the logic of Malcolm M. Feeley and Jonathan Simon’s “new penology” paradigm onto police. Their thesis argues that a contemporary penal shift occurred away from rehabilitation toward managing aggregates of dangerous criminal categories through risk management approaches. I extend their thesis in a new direction by examining how—in the emerging age of “algorithmic risk governance”—social movement organizations, like the CfPP, are starting to invert the new penology onto criminal justice personnel. In flipping the script, the CfPP called for a new private insurance market using mandatory police misconduct insurance to manage aggregates of dangerous police officers. After highlighting how the CfPP developed new penological objectives, discourses, and technologies, I discuss the implications of grassroots groups adopting and redefining traditional penal logics and propose future research avenues.

Governments are turning to online self-help courts in an effort to cut costs, increase access to the justice system, and, in response to the global pandemic, to reduce physical contact. But to what extent do these courts support pro se or self-represented litigants? This article reports a laboratory experiment which compared how laypeople (pro se) and lawyers explained the same justiciable problem in a mock online court portal. Retired judges also evaluated a subset of blinded claims and provided opinions on their quality. The study found that the overall quality of laypeople’s claiming was lower than lawyers but there were outliers: both high-quality lay-filed claims and low-quality lawyer-filed claims. Laypeople were not as good at reporting legally salient details and showed confusion about corporate responsibility. When laypeople did report legally salient detail, they sometimes did so without a clear purpose or did so unclearly, confusing the reader. The quality of lawyer-filed claims varied and some created overly complex claims that would be uneconomic to litigate. We suggest that designers of online courts can use the evidence from this experiment, and future research like it, to build interfaces that will assist pro se or self-represented to more clearly explain their disputes.

The British who ruled Mandate Palestine established a prison visiting system that enabled inspection and oversight of carceral conditions by officials and lay representatives. In often contradictory and variegated ways, both the British and their subjects used this system as a political tool. For the British, lay participation in prison visiting was consistent with colonial pursuits such as advancing penal reform, attempting to “civilize” the local population, preserving the colonial difference, pacifying the locals, and co-opting opposition. The colonized employed prison visits for their own conflicting purposes: to advance both national goals and a universal agenda, to defy the colonial difference and to embrace it at the same time. British repurposing of reformist ideology to advance its civilizing mission was thus vulnerable to the claims of the colonized, who employed prison visiting to advance claims for ethnic and national equality, striking at the core principle of colonial difference. By examining the prison visit policy in Mandate Palestine, this article offers a pioneering approach to the political history of the colonial prison and the tension between penal reform and the larger colonial agenda.

In this article, I illustrate two ways in which Zionist settlers appropriated water in Mandate Palestine. The first way was through the imposition of a new kind of property regime, one that measured and defined water rights in terms of volume. This differed from customary Palestinian practice, which distributed water in time-based shares. I argue that volume-based measures made water more easily bought and sold and, by extension, more like a commodity. The second method of appropriation I detail is the granting of concessions to generate hydroelectricity to the Palestine Electric Corporation. These concessions gave the company control over three of Palestine’s major rivers, which it then turned into an object of investment for foreign shareholders. As a result, water use cannot be understood separately from electricity during the Mandate. While these two processes might appear unrelated, I argue that they were both legalized methods of exclusion that, when taken together, reveal a larger process of gradual, albeit incomplete, dispossession of water resources. While Zionist settler colonialism legitimated itself by claiming to efficiently use natural resources, such as water, in actuality, it sustained itself by imposing exclusive property rights.

How is international human rights law (IHRL) made “everyday” outside of treaty negotiations? Leading socio-legal accounts emphasize transnational civil society activism as a driver of norm change but insufficiently consider power dynamics and the legal-institutional environment. This article sheds light on these dimensions of IHRL by reconstructing how domestic violence came to be included in the prohibition of torture in five international and regional human rights institutions. Through process tracing based on interviews and a vast amount of documentation, the study reveals everyday lawmaking in IHRL as a complex, incremental process in which a wide range of actors negotiate legal outcomes. The political implications of this process are ambiguous as it enables participation while creating hidden sites of power. In addition to challenging existing models of international norm change, this study offers an in-depth empirical exploration of a key development in the international prohibition of torture and demonstrates the benefits of process tracing as a socio-legal methodology.

The procedural justice thesis that quality of treatment matters more than outcomes in people’s perception of institutional legitimacy is supported by a large body of research. But studies also suggest that distributive justice and the effectiveness of authorities are more important in certain legal settings (civil courts) and national contexts (posttransition societies). This study tests these ideas through a survey of 192 civil litigants in Poland, a postcommunist country where the national judiciary has recently been subject to intense political scrutiny. Our findings support the generalizability of procedural justice, and especially voice, but also demonstrate the significance of outcomes and legal cynicism. We also discuss prior court contact, role (plaintiff versus defendants), and representation (presence of counsel) as potential moderators on litigants’ perceptions of court legitimacy.

A 2011 New Jersey anti-bullying law required school personnel to make nuanced determinations about student violations, take on multiple new roles, and assume a high administrative burden. We examine how the state’s middle schools responded to the law during a period when standards for implementation among schools were unclear. We observe substantial variation between schools in their implementation approach and we identify two sources of this variation. First, parents, school district administrators and lawyers, state Department of Education staff, and private companies disseminated multiple, sometimes competing interpretations of the law and of bullying, to which school personnel were differentially exposed. Second, school personnel crafted their own implementation approach out of the varied interpretations from these organization field actors. In periods when legal standards are relatively settled, field actors often encourage conformity among organizations; in this case, by contrast, they contributed to variation in implementation. We argue that examining the on-the-ground interpretation of organization field meanings during unsettled periods may be particularly useful for understanding the trajectory of laws, as early variation provides the context in which organizational practices can become legal requirements.

Police custodial violence was a normal occurrence in the southern Indian province of Madras through the twentieth century, across the colonial and postcolonial periods alike. While governmental authorities attributed torture to individual deviants and the press attributed the practice to a lack of government will in punishing offenders, this article locates police impunity in broader structures of power that permeated society. Specifically, it shows how the deployment of seemingly objective forms of evidence in adjudicating cases of torture—the testimony of respectable persons, medical expertise, and police writing—discounted the voices of victims of violence, reaffirming instead policing’s alignment with class, caste, and gendered authority. Equally, the very act of witnessing produced some subjects as socially privileged by virtue of their respectable status, their expertise, or their literacy, further separating them from bodies that were vulnerable to state violence. Police sovereign power within the station was thus constituted in conjunction with disciplinary power across society.

Scholars have shown how legal bystanders experience punishment at the hands of the state in their homes and neighborhoods, as well as jails and prisons. Other scholars have shown how bureaucratic processes, such as attending court, are punitive toward people charged with crimes. There is less information about how legal bystanders also experience punishment in courtrooms. In this article, we bridge the literatures between secondary prisonization and procedural punishment to illustrate how legal bystanders, such as family and friends of bond court defendants, experience punishment when attending bond court. We utilize courtroom ethnography of Central Bond Court in Chicago’s Cook County and interviews with family and friends of people charged with a crime to illustrate this form of punishment in three themes: extraction, destabilization, and degradation. With these findings, we argue that secondary prisonization begins not at the point of incarceration, but at the moment a loved one’s contact with the criminal legal system begins.

The article examines the professional emotion management underlying prosecutors’ work in court. Building on interviews and observations of forty-one prosecutors at five offices in Sweden, and drawing on sociological theories of emotion habituation, we analyze the emotion management necessary to perform frontstage (in court) professionalism as a prosecutor. We divide our analysis into three key dimensions of habituation: the feeling rules of confidence and mastering anxiety associated with an independent performance; the feeling rules of emotional distance and a balanced display associated with performing the objective party; and the playful and strategic improvisation of feeling rules associated with relaxed emotional presence. The routinization of feeling rules and the gradual backgrounding of related emotion management leads to habituation. Our findings enhance understanding of emotion management skills as part of tacit knowledge conveyed in the legal professions where emotion-talk and emotional reflexivity are little acknowledged. The article also contributes to the largely US-dominated previous research by adding a civil law perspective on prosecutorial emotion management.

After more than half a century of law and society scholarship, two recent volumes propose to survey and advance the field. Edited by Mariana Valverde, Kamari Clarke, Even Darian-Smith, and Prabha Kotiswaran, The Routledge Handbook of Law and Society (2021) draws on an international list of contributors to refocus law and society scholarship on fresh topics and themes. The Research Handbook on Modern Legal Realism (2021), edited by Shauhin Talesh, Elizabeth Mertz, and Heinz Klug, presents a comprehensive guide to the New Legal Realism (NLR) movement that emerged from law and society around fifteen years ago. This review essay explores how the volumes’ common call for a more prominent and methodologically diversified social science of law also encourages a renewed attention to the internal logics of legal doctrine.

Why do activists employ international human rights law in domestic policy disputes and to what effect? Can international human rights law play an important role in cases where its direct application and justiciability by domestic courts is questionable? This study considers these questions in the area of socioeconomic rights by analyzing the mobilization of human rights law in the German social movement against tuition fees. Whereas legal mobilization theory is broadly concerned with the invocation of law on behalf of political demands, this article emphasizes discursive opportunity structures and vernacularization to make sense of which rights are adopted, why, and with what impact. I draw on content analysis of movement and political party documents, court decisions, and news reports as well as semi-structured interviews and participant observation. I find that activists in Germany were not naive about human rights. Instead, activists invoked human rights to resist political elites’ framing of education as a private good and students as consumers and to broaden the issue to include social inclusion and justice throughout the German education system. The mobilization of human rights law also was an effective means by which activists generated media attention and pressured politicians.

The promulgation of model laws—exemplary statutes that states can voluntarily choose to adopt—is a prominent strategy that reformers in public health agencies, the legal academy, and non governmental organizations use to improve US public health law and make it more uniform. This article applies the science and technology studies literature on standardization to the process of model lawmaking to analyze how developers negotiate between alternative forms of expertise and utilize different drafting processes to secure the techno-political legitimacy of their model statutes. Drawing on archival records and interviews with thirty-four experts involved in the development of four model public health laws produced between 1999 and 2007, I show how developers work to satisfy multiple, and, at times, competing, audiences. I observe that developers leveraged forms of legal expertise to secure their model laws’ technical legitimacy and emphasized their objectivity, representativeness, and flexibility to promote their political legitimacy. Comparing the four model laws across several indicia of legitimacy, I find that the developers experienced varying degrees of success. This study contributes to the socio legal scholarship on model laws by revealing how they are able to achieve legitimacy, albeit fragmented, even in the context of scientific uncertainty.

Prior research has shown that while women have entered the legal profession in increasing numbers, the profession continues to privilege the norms, beliefs, and cultural practices of men. However, one aspect of the legal profession that has largely been overlooked, especially in Australia, is legal academia. This oversight is significant as legal academia provides the gateway into the legal profession. Women now make up approximately half of universities’ academic staff, are increasingly completing doctorate qualifications, and are moving into senior positions within academia. On the surface, these changes may suggest that women are now fully integrated into academia and that the academic gender gap has now resolved. We argue, however, that numerical inclusion does not necessarily challenge the male normative structures that underlie legal academia. This article draws on analysis of the biographies of seven hundred legal academics in Australian law schools and investigates differences between male and female legal academics in terms of level of appointment, academic qualifications and professional experience, research productivity, research interests, and mobility. It shows that while the gender gap has closed in some areas, the feminization of legal academia is a myth and female academics continue to face gendered barriers.

In recent decades, the Taiwan judiciary has taken steps toward securing Indigenous people’s access to the justice system. These measures reflect a vision of access to justice framed narrowly on national courts and legal actors through the provision of free legal counsel, courtroom interpreters, and special court units dedicated to Indigenous people. These measures embrace a thin understanding of access to justice that overlooks important hurdles to both seeking and providing such access to Indigenous people. This article considers some of the key challenges of Indigenous people’s access to justice in Taiwan and the role of the judiciary in both perpetuating and addressing those challenges. It argues for a thicker understanding of access to justice that addresses the circumstances of contemporary Indigenous life and confronts the entrenchment of colonialism in the state framework. Field research in eastern Taiwan shows how aspects of normativity, spatiality, economics, order, language, and institutions, ensconced in a legal framework that reinforces an unequal power relationship between the state and Indigenous people, have shaped the character of access to the justice system and, in turn, continue to operate as obstacles to meaningful access to justice for Taiwan’s Indigenous people.

Based on fourteen months of ethnographic research on the central money exchange bazaar in Kabul, Afghanistan—Sarai Shahzada—this article examines the micro-dynamics of legal change within a close-knit community in a fragile setting. For most of its history, the bazaar has been governed by informal legal norms. New state-building measures after 2001 led to increased efforts by the state to regulate the bazaar, causing money exchangers to initiate internal transformations to protect their autonomy. While scholarship generally argues that state coercion substitutes for private legal norms, this study shows the centrality of the state in consolidating the bazaar legal system. Exchangers have cast their non-state legal system in the image of the state by formalizing new operating rules that have introduced a management structure and dispute resolution forum. New state licenses have also helped to safeguard the boundaries of the bazaar. This article contributes to private governance and legal pluralism scholarship by revealing that a private community, even in a fragile state, may be capable of maintaining an autonomous non-state legal system not in spite of, but rather by depending on, the state.

This review essay looks at the relationship between Deborah Tuerkheimer’s Credible (2021) and Meera Deo’s Unequal Profession (2019) in order to make a substantive point about inequality in legal institutions and the methods that are employed in dissecting them. At first glance, the connections between these projects might not seem apparent, although each deals with the inequalities in which its actors in focus are embedded. But both projects go deeper by unveiling institutional inequities that are often in plain sight when we investigate the background frameworks implicated in their production, and they reveal the problematic relationship between everyday discrimination and the systemic biases that justify them. Finally, reading these books together allows us to make an intervention about the methods and credibility of narratives within socio-legal scholarship more generally. In theorizing about legitimacy, we ask how the way in which we are told to look at structures of normativity changes the kinds of inequities we are able to see.

Law firm pro bono work provides access to justice to low-income people and other vulnerable populations. The professionals that manage pro bono programs are at the forefront of that process. The limited available research on these professionals do not often distinguish lawyers from other managers or theorize about their status vis-à-vis other law firm lawyers. Yet the status of lawyers who are also managers of pro bono programs influences both their identities and the management and provision of legal services and advocacy. Drawing on original demographic and interview data, this article shows how law firm pro bono partners and counsels navigate their ambiguous roles and negotiate their status as lawyers and managers. I find that pro bono partners and counsels navigate their ambiguous roles by striving to be perceived as “real” lawyers, reframe their roles as business generators, conform to the billing culture, and establish a common identity. They also negotiate their titles and office spaces to raise their profiles. Gender inequality influences the negotiation of office spaces and the approval of pro bono matters. These findings have implications for lawyers who manage pro bono programs and the legitimacy of pro bono work.