Drawing on original survey research, this study examines how lay Muslims in Malaysia understand foundational concepts in Islamic law. The survey finds a substantial disjuncture between popular legal consciousness and core epistemological commitments in Islamic legal theory. In its classic form, Islamic legal theory was marked by its commitment to pluralism and the centrality of human agency in Islamic jurisprudence. Yet in contemporary Malaysia, lay Muslims tend to understand Islamic law as being purely divine, with a single “correct” answer to any given question. The practical implications of these findings are demonstrated through examples of efforts by women's rights activists to reform family law provisions in Malaysia. The examples illustrate how popular misconceptions of Islamic law hinder the efforts of those working to reform family law codes while strengthening the hand of conservative actors wishing to maintain the status quo.

Although scholars have devoted considerable attention to the formation, modification, and dissemination of knowledges in and around the legal complex, few systematic inquiries have been made into the sociology of legal knowledges. In this paper, we focus on two areas of law–liquor licensing and drunk driving–and contextualize their development from the perspective of police science. We document the ways in which contemporary police science authorizes a “common knowledge,” which is not to be confused with lay knowledge, or even trade knowledge. Rather, the “common knowledge” that is authorized is what legal authorities believe everyone should know, despite any lay or trade knowledge individuals may have. This analysis demonstrates the need for further work on the ways in which knowledges are formed and authorized within law, with particular emphasis on documenting how a “responsibility to know” comes to be deployed beyond the state.

Defendants’ perceptions of the fairness of their criminal processing outcomes have been the stated concern of some criminal justice reformers. Past research has suggested that these perceptions are influenced by characteristics of the outcome received as well as by characteristics of the process through which the outcome is imposed. This analysis tests a theoretical path model of perceived outcome fairness, which examines the relative influence of both outcome and process characteristics, using survey data collected from 619 prison inmates incarcerated in Minnesota and Illinois. The results indicate that factors related to both outcome and process significantly influence sample inmates’ perceptions of their criminal justice processing outcomes and together explain a substantial portion of the total variance. However, two process-related characteristics are found to be the most powerful predictors of perceived outcome fairness. Inmates’ perceptions that they are fairly treated by their lawyer, judge, and prosecutor are the strongest correlates of perceived outcome fairness, followed by the mode of disposition through which their outcomes are imposed; inmates who plea bargain are more likely than those who go to trial to perceive their outcome as fair.

Histories of the early American political economy present that world in fractured form, dividing political and constitutional dimensions from economic aspects. The fragmented approach reflects an old, oft-denigrated, but still powerful imagery, one that naturalizes economic activity as a set of myriad spontaneous and individuated exchanges, conducted with a conventional medium, money, and predictably composing a market sphere. The motif and its underlying assumptions in turn dissuade exploration of money and markets as territories of public decision, insulating by neglect the structural power of determinations made there. This essay traces the naturalization motif through a historiography of macroeconomic models of money. It then considers how money, recognized as a dynamics of value, would look if the law structuring it were approached as a complex set of relations that expressed, reiterated, and revised the distribution of authority in society. The early American political economy appears in a different light: money becomes a matter of value and governance at once, and therefore a crucial area of constitutional debate. Through that medium, the political economy of early America is transformed not once but repeatedly, from a mercantilist to a domestic paper to a liberal capitalist form.

Scholarship on law and social movements has focused attention primarily on the United States, and secondarily on countries that share the Anglo‐American legal tradition. The politics of law and social movements in other national legal contexts remains underexamined. The analysis in this article contrasts legal mobilizations for immigrant rights in France and the United States, and explores the relations between national fields of power and legal practices. I trace the institutionalization of immigrant rights legal organizations in each country and argue that the divergent organizational forms and litigation strategies adopted by professionalized movement organizations reflect the dynamics of the nationally distinct fields of power relations within which law reform has been conducted. My analysis links the material and symbolic resources available to law reformers to the relative authority of private and public juridical actors in each state.

This study analyzes the transformation of legal consciousness associated with the process of globalization. It examines changing conceptions of injury and compensation in northern Thailand, where global economic and cultural flows have had a dramatic impact over the past twenty years. In their “injury narratives,” ordinary Thai people describe the harm they have suffered, the causes they identify, the issues of responsibility with which they struggle, the obligations and remedy systems they consider relevant, and the role of law as they perceive it. These accounts, as well as litigation records from the Chiangmai Provincial Court, suggest that a transformation of Thai legal consciousness has indeed occurred, but not in the direction one might have expected. Rather than embracing liberal legalism or conceptualizing their grievances in terms of rights, injury victims in post-globalization Thailand are now less inclined to perceive their experiences in legal terms and more inclined to rely on a new form of religious discourse in which Buddhist precepts justify the injured person's decision to refrain from the pursuit of compensation. This article offers an explanation of why globalization appears to have pushed legal consciousness in the direction of religiosity rather than rights.

In thinking about justice in a pluralistic world, there are a number of potential theoretical resources. Derrida's thoughts on justice provide some tools with which to support social movements while avoiding the political and theoretical problems of identity politics, I argue; but the antihistorical frame-work of the philosophical ethics used and refined by Derrida is unhelpful to anyone working in social movements. By contrast, Foucault's later work on the ethics of freedom offers tools useful for thinking about embodiment, desire, and the historical specificity of ethical life. And yet, by remaining focused almost solely on liberté–backgrounding égalité, fraternité, and solidarité–Foucault's ethical reflections also remain open to supplementation. Thus, both thinkers'reflections on justice, freedom, and history have elements that are potentially very useful to those social movements that are unhappy with essentialist identities; but along the way we will have to invent our own additional, site-specific tools, in particular insofar as we are interested in building networks of solidarity.

In recent years scholars from neighboring disciplines have emphasized the importance of conceptual rigor in designing, administering, and interpreting research in the social sciences. Drawing on this new conceptualism, this article analyzes the much talked about notion of “reconciliation.” In an effort at structuring a useful debate on possible departures from historic injustice, the article formulates a systematized concept of reconciliation based on the multitude of meanings contained in theory and practice. It distinguishes varieties of reconciliation, organizing these varieties into types and subtypes. The article argues that while most varieties of reconciliation emanate from the same root concept, the various outer layers of meaning do not overlap. This hampers not only our understanding of reconciliation, but its promotion in the international system as well. In response to this methodological malaise, the article prescribes friendly amendments—conceptual modifications and refinements designed to increase measurement validation of reconciliation as a conceptual variable.

This paper compares dispute-resolution behavior at a large coal mine in South Wales at two times: when the mine was run as a conventional, hierarchical organization by British Coal and, several years later, when it was bought out by the employees and converted into a worker cooperative. Synthesizing themes from law and society, organizational theory, and alternative dispute resolution (ADR) research, I demonstrate how shared ownership, flattened hierarchy, and cooperative ideology impact on disputing behavior. By changing from a hierarchical organization to a worker cooperative, the coal mine increased is level of procedural justice and transformed its dispute-resolution behavior to rely much more on informal resolution. Using qualitative methods, this research draws on 42 in-depth open interviews with miners and managers.

Contemporary studies of prosecutorial decision making at the state level are infrequent, and even fewer studies examine the discretionary decisions of federal prosecutors. In addition, virtually no scholarly literature examines the growing overlap between federal and state criminal jurisdiction. This paper advances both theoretical and empirical understandings of the organizational and political contexts in which prosecutorial discretion takes place by exploring the nexus between federal and state criminal jurisdictions. Drawing on interview research in a large urban area with several active federal/state cooperative prosecution programs, we suggest that these cooperative relations open new avenues of discretion for local and federal prosecutors; limit the authority of other court actors, including state judges; and erode the distinctions between federal and local criminal jurisdiction.

Cross-national case studies have indicated that compared to other economically advanced democracies, American methods of policy implementation and dispute resolution are more adversarial and legalistic, shaped by costly court action or the prospect of it. To what extent are lawyers responsible for creating American-style adversarial legalism? This article argues that while adversarial legalism stems primarily from enduring features of American political culture and governmental structure, the legal profession plays a significant independent role in promoting and perpetuating this mode of governance.

This article is an inquiry into Russian legal culture and is based on the assumption that any institution transplanted from one social environment to another will be reinterpreted and reshaped, so that it can be accepted into the receiving society. The process of adaptation creates an opportunity to examine the receiving society's established practices and way of thinking. To demonstrate their effects, this article explores the author's research findings carried out in two Russian towns where institutions of media self‐regulation were set up. The findings are analyzed comparatively in order to identify how the key players in the two towns interpreted the initial ideas, established procedures and rules for the newly set up institutions, and defined the roles that were attributed to them. The results of the two‐city case study are then used to interpret some specifics of the internal logic of the local legal culture.

We examine police decision making by focusing on police stories and drawing together contemporary thought about identities and police subculture. Our inquiry suggests that police decision making is both improvisational and patterned. Cops are moral agents who tag people with identities as they project identities of their own. They do engage in raw forms of division or stereotyping, marking some as others to be feared and themselves as protectors of society, while exercising their coercive powers to punish “the bad.” Due, in part, to the many ways that they identify themselves, cops also connect with people as unique individuals, including individuals whose categorical identities (e.g., drug dealers) put them at the margins of society. Rather than using their coercive powers to repress these individuals, cops infuse them with certain virtues (e.g., good family men) while cutting them breaks. As they complicate representations of themselves, cops also project complex notions of law and legality. Moral discourse seems to infuse their judgments, while they invoke law strategically as a tool to enforce their moral judgments.

One of the most highly touted improvements in the criminal justice response to rape has been the wide-scale adoption of sexual assault nurse examiner (SANE) programs that provide specialized medical care and forensic evidence collection to victims. Though previous studies have emphasized the benefits of SANE programs in improving criminal case outcomes, this study illustrates how the post-rape forensic examination can also discourage reporting, investigation, and prosecution. Interviews with local rape care advocates across the United States show how the increasing emphasis on forensic evidence collected through rape kits may provide an opportunity to reflect and enact persistent law enforcement stereotypes toward sexual assault complainants. Unless police resistance to taking rape seriously is confronted and addressed, even well-intentioned policy reforms such as SANE programs may end up undermining—rather than enhancing—fair and thorough investigation of sexual assault allegations.

This article analyzes the relationship between how rationality is conceived and how democracy is practiced in the Bureau of Reclamation, a water development agency in the Department of Interior. The efforts of some inside the agency to institutionalize rational decision-making models, partly in response to new environmental law, expanded the number and range of interest groups that participated in its decisions fry incorporating their preferences into their models for evaluating plans. But the terms under which people could express their values and interests were strictly controlled in ways that some felt misrepresented their concerns. How we conceive of rationality has important implications for how and which people are included in bureaucratic decision making.

This article combines Monahan and Walker's classification of social facts, social authority, and social frameworks with political-institutionalism's view of law and science as competing institutional logics to explain how, and with what consequences, employment discrimination law and industrial-organizational (I-O) psychology became co-produced. When social science is incorporated into enforcement of legislative law as social authority—rationale for judicial rule making—law's institutional logic of relying on precedent and reasoning by analogy ensures that social science will have ongoing influence on law's development. By helping set research agendas and providing new professional opportunities, institutionalized legal doctrine shapes social science knowledge. But because of differences in institutional logic, wherein legal cumulation is backward looking whereas scientific cumulation is forward looking, co-production of law and science may produce institutional mismatch between legal doctrine and scientific knowledge.

Ghana is widely considered as “a beacon of hope for democracy in Africa” (Gyimah-Boadi 2010, 137). Yet substantive democratic transformations of policing have stagnated mainly because the police continue to act as a handmaiden of the state and powerful elites. Consequently, the reliance on performance in crime control and order maintenance as the bedrock of colonial police legitimacy (as judged by colonial administrators) has survived unscathed. Anxieties about violent crime, mainly in urban areas, have accompanied the pursuit of neoliberal economics and politics. Having staked their legitimacy on performance, the police view these anxieties and doubts about their effectiveness as potentially de-legitimating. They have responded in a highly dramatic but violent fashion, including the extrajudicial killing of suspected violent offenders believed to be the cause of feelings of insecurity. This article examines the nature of this pathway to legitimacy.