American Policing and the Danger Imperative
In spite of long-term declines in the violent victimization of U.S. police officers, the danger of police work continues to structure police socialization, culture, and behavior. Existing research, though attentive to police behavior and deviance that negatively affects the public, analytically ignores how the danger of policing engenders officer behavior that harms police themselves. Drawing on ethnographic observations and interviews in three U.S. police departments, this article describes how police are informally and formally socialized into the danger imperative-a cultural frame that emphasizes violence and the need for officer safety-and its effect on officer behavior. As a result of perception mediated through the danger imperative, officers engage in policy-compliant and policy-deviant behaviors to protect themselves from violence. Unfortunately, policy-deviant behaviors such as unauthorized highspeed driving and not wearing a seatbelt, though justified in the name of safety, lead to catastrophic car accidents that injure and kill both police and members of the public. This article concludes with discussion of how seemingly mundane policy deviant behaviors are a reflection of assumptions within police culture that undergird police practices that damage public wellbeing and perpetuate boarder inequalities in U.S. policing.
The Global Adoption of National Policies Protecting Children from Violent Discipline in Schools and Homes, 1950-2011
With a focus on the relationship between women's and children's rights and theories of globalization, we conduct an event history analysis of more than 150 countries between 1950 and 2011 to assess the factors associated with policies banning corporal punishment in schools and homes. Our research reveals that formal condemnation of corporal punishment in schools is becoming a global norm; policies banning corporal punishment in the home, in contrast, are being adopted more slowly. We find that the percentage of women in parliament is associated with the adoption of anti-corporal punishment policies in both schools and homes, suggesting a nexus between women's and children's issues. Countries with more ethnic diversity are slower to adopt home policies, however. We propose that groups in these countries may be resistant to laws because of the risk of selective or prejudicial enforcement. In terms of globalization, more aid is associated with both school and home policies, and countries that have ratified the Convention on the Rights of the Child are more likely to adopt home policies. Surprisingly, international nongovernmental organizations are not significantly associated with either type of policy adoption.
Legislating Change? Responses to Criminalizing Female Genital Cutting in Senegal
Although the international community has recently promoted legislation as an important reform strategy for ending female genital cutting (FGC), there exist divergent views on its potential effects. Supporters argue that legal prohibition of FGC has a general deterrent effect, while others argue legislation can be perceived as coercive, and derail local efforts to end the practice. This study examines the range of responses observed in rural Senegal, where a 1999 anti-FGC law was imposed on communities in which the practice was being actively contested and targeted for elimination. Drawing on data from a mixed-methods study, we analyze responses in relation to two leading theories on social regulation, the law and economics and law and society paradigms, which make divergent predictions on the interplay between social norms and legal norms. Among supporters of FGC, legal norms ran counter to social norms, and did little to deter the practice, and in some instances incited reactance or drove the practice underground. Conversely, where FGC was being contested, legislation served to strengthen the stance of those contemplating or favoring abandonment. We conclude that legislation can complement other reform strategies by creating an "enabling environment" that supports those who have or wish to abandon FGC.
When Do Laws Matter? National Minimum-Age-of-Marriage Laws, Child Rights, and Adolescent Fertility, 1989-2007
Using the case of adolescent fertility, we ask the questions of whether and when national laws have an effect on outcomes above and beyond the effects of international law and global organizing. To answer these questions, we utilize a fixed-effect time-series regression model to analyze the impact of minimum-age-of-marriage laws in 115 poor- and middle-income countries from 1989 to 2007. We find that countries with strict laws setting the minimum age of marriage at 18 experienced the most dramatic decline in rates of adolescent fertility. Trends in countries that set this age at 18 but allowed exceptions (for example, marriage with parental consent) were indistinguishable from countries that had no such minimum-age-of-marriage law. Thus, policies that adhere strictly to global norms are more likely to elicit desired outcomes. The article concludes with a discussion of what national law means in a diffuse global system where multiple actors and institutions make the independent effect of law difficult to identify.
Rehabilitation in the Punitive Era: The Gap between Rhetoric and Reality in U.S. Prison Programs
Scholars of mass incarceration point to the 1970s as a pivotal turning point in U.S. penal history, marked by a shift towards more punitive policies and a consensus that "nothing works" in rehabilitating inmates. However, while there has been extensive research on changes in policy-makers' rhetoric, sentencing policy, and incarceration rates, we know very little about changes in the actual practices of punishment and prisoner rehabilitation. Using nationally representative data for U.S. state prisons, this article demonstrates that there were no major changes in investments in specialized facilities, funding for inmate services-related staff, or program participation rates throughout the late 1970s and the 1980s. Not until the 1990s, more than a decade after the start of the punitive era, do we see patterns of inmate services change, as investments in programming switch from academic to reentry-related programs. These findings suggest that there is a large gap between rhetoric and reality in the case of inmate services and that since the 1990s, inmate "rehabilitation" has increasingly become equated with reentry-related life skills programs.
Legal Consciousness and Responses to Sexual Harassment
Studies of legal mobilization often focus on people who have perceived some wrong, but rarely consider the process that selects them into the pool of potential "mobilizers." Similarly, studies of victimization or targeting rarely go on to consider what people do about the wrong, or why some targets come forward and others remain silent. We here integrate sociolegal, feminist, and criminological theories in a conceptual model that treats experiencing sexual harassment and mobilizing in response to it as interrelated processes. We then link these two processes by modeling them as jointly determined outcomes and examine their connections using interviews with a subset of our survey respondents. Our results suggest that targets of harassment are selected, in part, because they are least likely to tell others about the experience. Strategies that workers employ to cope with and confront harassment are also discussed. We find that traditional formal/informal dichotomies of mobilization responses may not fully account for the range of ways individuals respond to harassment, and we propose a preliminary typology of responses.
The provision of public goods under Islamic law: origins, impact, and limitations of the waqf system
Pursuing rights and getting justice on China's ethnic frontier, 1949-1966
Tales of deviance and control: on space, rules, and law in squatter settlements
In Latin American cities, around a third of the urban population lives in tenure situations that can be designated as informal, yet variation in the ways and extent to which these arrangements do not comply with law is extensive. Furthermore, informal dwellers often employ a variety of strategies to legitimize and ultimately legalize their tenure, implying a dynamic rather than a static relationship between illegality and legality. Conceiving of land tenure in dichotomous terms, as simply being either legal or illegal, therefore, fails to reflect this diversity, nor does it capture the evolving nature of the relationship between informal settlements and the state system. Drawing from the development of squatter settlements in Buenos Aires, this article proposes an alternative perspective and shows how settlements alternate strategies of noncompliance with adaptation to the state legal system to gradually increase their legality.
The right to refuse treatment: four case studies of legal mobilization
Lesion of the will: medical resolve and criminal responsibility in Victorian Insanity Trials
The penology of racial innocence: the erasure of racism in the study and practice of punishment
In post–civil rights America, the ascendance of “law-and-order” politics and “postracial” ideology have given rise to what we call the penology of racial innocence. The penology of racial innocence is a framework for assessing the role of race in penal policies and institutions, one that begins with the presumption that criminal justice is innocent of racial power until proven otherwise. Countervailing sociolegal changes render this framework particularly problematic. On the one hand, the definition of racism has contracted in antidiscrimination law and in many social scientific studies of criminal justice, so that racism is defined narrowly as intentional and causally discrete harm. On the other hand, criminal justice institutions have expanded to affect historically unprecedented numbers of people of color, with penal policies broadening in ways that render the identification of racial intent and causation especially difficult. Analyses employing the penology of racial innocence examine the ever-expanding criminal justice system with limited definitions of racism, ultimately contributing to the erasure of racial power. Both racism and criminal justice operate in systemic and serpentine ways; our conceptual tools and methods, therefore, need to be equally systemic and capacious.
Race, urban governance, and crime control: creating model cities
In the late 1960s and early 1970s, the city of Seattle received federal Department of Housing and Urban Development “Model cities” funds to address issues of racial disenfranchisement in the city. Premised under the “Great Society” ethos, Model cities sought to remedy the strained relationship between local governments and disenfranchised urban communities. Though police-community relations were not initially slated as an area of concern in the city's grant application, residents of the designated “model neighborhood” pressed for the formation of a law and justice task force to address the issue. This article examines the process and outcome of the two law-and-justice projects proposed by residents of the designated “model neighborhood”: the Consumer Protection program and the Community Service Officer project. Drawing on the work of legal geographies scholars, I argue that the failure of each of these efforts to achieve residents' intentions stems from the geographical imagination of urban problems. Like law-and-order projects today, the geographical imagination of the model neighborhood produced a discourse of exceptionality that subjected residents to extraordinary state interventions. The Model cities project thus provides an example of a “history of the present” of mass incarceration in which the geographical imagination of crime helps facilitate the re-creation of a racialized power structure.
“Humanitarian aid is never a crime”: humanitarianism and illegality in migrant advocacy
I analyze the case of humanitarian pro-migrant activists in southern Arizona between 2000 and 2010 to explore how contending groups wield law and legality claims in a dynamic policy environment. Humanitarian activists both evade and engage the law. They appeal to a higher law to elude charges that they are acting illegally, while seeking assurances that their actions are within the law. Law enforcement agents rely on the authority and technical neutrality of the law in redefining humanitarian aid as illegal, while expanding their own claims to carry out humanitarian work. This case study of advocacy on behalf of “illegal” migrants highlights how both activists and those who enforce the law redefine legality in strategic ways.
Blood justice: courts, conflict, and compensation in Japan, France, and the United States
Who is the guilty party? Rights, motherhood, and the problem of prenatal drug exposure
Legal mobilization in schools: the paradox of rights and race among youth
In this article, we analyze ethnoracial patterns in youth perceptions and responses to rights violations and advance a new model of legal mobilization that includes formal, quasi-, and extralegal action. Slightly more than half of the 5,461 students in our sample reported past rights violations involving discrimination, harassment, freedom of expression/assembly, and due process violations in disciplinary procedures. Students, regardless of race, are more likely to take extralegal than formal legal actions in response to perceived rights violations. Self-identified African American and Latino/a students are significantly more likely than white and Asian American students to perceive rights violations and are more likely to claim they would take formal legal action in response to hypothetical rights violations. However, when they perceive rights violations, African American and Asian American students are no more likely than whites to take formal legal action and Latino/a students are less likely than whites to take formal legal action. We draw on in-depth interviews with youth and adults—which we interlace with our quantitative findings—to explore the interpretive dynamics underlying these survey findings, and we offer several theoretical and methodological implications of our work.
Lesion of the will: medical resolve and criminal responsibility in Victorian insanity trials
Race categorization and the regulation of business and science
Despite the lack of consensus regarding the meaning or significance of race or ethnicity amongst scientists and the lay public, there are legal requirements and guidelines that dictate the collection of racial and ethnic data across a range of institutions. Legal regulations are typically created through a political process and then face varying kinds of resistance when the state tries to implement them. We explore the nature of this opposition by comparing responses from businesses, scientists, and science-oriented businesses (pharmaceutical and biotechnology companies) to U.S. state regulations that used politically derived racial categorizations, originally created to pursue civil rights goals. We argue that insights from cultural sociology regarding institutional and cultural boundaries can aid understanding of the nature of resistance to regulation. The Food and Drug Administration's guidelines for research by pharmaceutical companies imposed race categories on science-based businesses, leading to objections that emphasized the autonomy and validity of science. In contrast, similar race categories regulating first business by the Equal Employment Opportunity Commission (EEOC) and later scientific research sponsored by the National Institutes of Health (NIH) encountered little challenge. We argue that pharmaceutical companies had the motive (profit) that NIH-supported scientists lacked and a legitimate discourse (boundary work of science) that businesses regulated by the EEOC did not have. The study suggests the utility of a comparative cultural sociology of the politics of legal regulation, particularly when understanding race-related regulation and the importance of examining legal regulations for exploring how the meaning of race or ethnicity are contested and constructed in law.
The origin of insanity as a special verdict: the trial for treason of James Hadfield (1800)
Do blind people see race? Social, legal, and theoretical considerations
Although the meaning, significance, and definition of race have been debated for centuries, one thread of thought unifies almost all of the many diverging perspectives: a largely unquestioned belief that race is self-evident and visually obvious, defined largely by skin color, facial features, and other visual cues. This suggests that “seeing race” is an experience largely unmediated by broader social forces; we simply know it when we see it. It also suggests that those who cannot see are likely to have a diminished understanding of race. But is this empirically accurate?I examine these questions by interviewing people who have been totally blind since birth about race and compare their responses to sighted individuals. I not only find that blind people have as significant an understanding of race as anyone else and that they understand race visually, but that this visual understanding of race stems from interpersonal and institutional socializations that profoundly shape their racial perceptions. These findings highlight how race and racial thinking are encoded into individuals through iterative social practices that train people to think a certain way about the world around them. In short, these practices are so strong that even blind people, in a conceptual sense, “see” race. Rather than being self-evident, these interviews draw attention to how race becomes visually salient through constitutive social practices that give rise to visual understandings of racial difference for blind and sighted people alike. This article concludes with a discussion of these findings' significance for understanding the role of race in law and society.