Drawing on trade publications, contemporaneous newspaper stories, and other historical sources from the early twentieth-century United States, this article explains how installment plans overcame moral and business concerns to become the standard way people bought cars. Prominent figures in the automobile industry and financial institutions initially denounced the idea of selling cars on credit, and many banks declined to extend credit to would-be auto buyers. However, the relevant legal infrastructure heavily favored creditors, allowing them to circumvent usury laws and guaranteeing their right to repossess assets if borrowers missed payments. When the profit-making that these aspects of the law enabled became clear, moral objections to the idea of selling cars on credit yielded to a new moral consensus among powerful actors that valorized buying cars on credit and concentrated disapprobation on just those borrowers who defaulted on their payments. Thus, the characteristics of the legal infrastructure functionally presupposed the resolution of the erstwhile debate about the fundamental morality of selling cars on credit. Ultimately, lending practices building on the legal and moral foundation established in the early twentieth century led to the establishment of subprime auto lenders whose business model revolves around exorbitant interest rates, high fees, and aggressive repossession.

A recurring conundrum lies at the heart of current anti-trafficking law and policy. Despite enormous efforts by civil society organizations, corporations, and governments to reduce human trafficking in supply chains, and the introduction of legislation in various countries that requires corporations to take active actions in this field, there is wide agreement that, so far, the desired change has not occurred. This article addresses this puzzle through studying the vibrant anti-trafficking activity in the UK construction sector that emerged following the enactment of the UK Modern Slavery Act 2015 (MSA). Applying socio-legal methods, the article unpacks the structural dynamics that shape the implementation of the MSA in the construction sector. We find that the Act exacerbates the imbalanced power relations between firms and anti-trafficking initiatives, positioning the latter as suppliers of modern slavery risk solutions that are dependent on corporate will and funding. The article demonstrates that anti-trafficking initiatives in the construction sector largely follow a “supply chain logic” that significantly limits their capacities to transform corporate behavior. We develop the notion of “anti-trafficking chains” to describe the dynamics of anti-trafficking activities in supply chains and to problematize the entanglement of anti-trafficking actors in supply chain power structure and logic.

Police organizations are moral battlefields. Blowing the whistle on misconduct is one domain of moral contestation. Yet whistleblowing by police officers is important to ensure accountability, prevent threats to the rule of law, and avoid police capture by organized crime. In this study, we draw on a survey of 975 police officers in Himachal Pradesh, India, to investigate whistleblowing decisions and to account for these decisions. We found that officers imagined themselves blowing the whistle on the planting of evidence on criminal suspects but less so when colleagues used violence against suspects. Perceptions of organizational justice, the strength of bonds between officers, perceived audience legitimacy, and police effectiveness influenced the whistleblowing decisions of the officers.

“Transformative accommodation,” one of the most influential models proposed and debated in multiculturalist literature, is designed to strike a fine-tuned balance between minority community culture and the rights of its most vulnerable constituents. This article seeks to challenge the model’s theoretical premises and predictive normative outputs. Drawing on a novel empirical case study—the adjudication of Palestinian-Muslim wife maintenance suits in both Israel’s sharia courts as well as its civil family courts—we contend that multicultural transformation is a bidirectional process. That is, the complex encounter between liberal normativity and indigenous-religious normativity may bring about transformation not only in the minority community’s nomos, as the model envisions, but also in both normative legal systems. The article concludes with an analytical discussion aiming to transform transformative accommodation such that the model may indeed live up to its ambitious multiculturalist goals.

Public participation is widely considered to be an indispensable part of contemporary constitution-making processes, largely because it is thought to create a sense of public ownership of the new constitution. However, as recent research has shown that public participation has little actual impact on the content of the constitution, this supposed link is puzzling. How can ineffective participation contribute to public support for the constitution? We address this puzzle by subjecting it to experimental tests. In two recontact survey experiments conducted across six countries, we empirically tested the effects of various forms of participation at the constitution drafting stage and their concrete impact on public support for the constitution. We found that the act of participating in itself has little effect on support for the constitution but that broader cues that give the impressions of a fair process can have significant positive effects. This indicates that participation in constitution drafting can increase public support for a constitution regardless of the extent to which it has an impact on the constitutional text and that the appearance of a fair process is the link between participation and support.

Why would one person facilitate a community member’s evasion of the law, even when there is nothing tangible in it for themselves? In this article, I draw on stories in Chinese villages under the one-child policy to suggest that the lack of moral legitimacy in a particular law motivates people to help others overcome legal or policy restrictions, especially when there are existing connections and trust among them. It reveals the influential impact of law’s moral legitimacy on people’s responses to legal evasion and the relational nature of legal consciousness. An individual’s existing connections with and trust in those who evade the law often reinforce the sense of obligation to take matters into one’s own hands to help right the wrong that has been done to them. Nevertheless, the consequences of participating in such collusion may reshape expectations and obligations within the community, pushing law-evading citizens to minimize risks for those who are willing to facilitate their evasion of the law. The fluid nature of interpersonal relationships in Chinese society also means that when things go wrong, supportive members may in turn use their insider information against the law-evading citizen to seek revenge or teach them a lesson.

US states collect sex and gender data on official government forms to understand, identify, classify, and surveil populations. These forms’ gender boxes—sets of questions about sex, gender, and gender identity paired with a wide variety of answer options—can mean the difference between legibility and erasure or between surveillance and privacy. They also create classic disclosure and legibility dilemmas that disproportionately burden transgender, nonbinary, gender-nonconforming, and intersex individuals. And yet, the socio-legal forces determining the design of these gender boxes have been insufficiently studied. Documents obtained through public records requests and interviews with civil servants responsible for form design demonstrate that gender box design stems from the competing yet mostly inertial pressures that define the socio-legal contexts of street-level bureaucracy. In other words, gender boxes are products of the institutional, technological, political, and social contexts in which they are designed. Specifically, gender boxes look the way they do because they are subject to the effects of bureaucratic processes, social networks, expertise, intergovernmental dependence, norms, path dependencies, and technologies, with implications for research and advocacy.

The US Supreme Court’s decision in Shelby County v. Holder and subsequent legislative failures to restore the Voting Rights Act (VRA) have alerted scholars to the precarity of federal voting rights and the importance of the Supreme Court to its implementation. I argue, however, that the court has exercised outsized influence on the administration and development of the VRA long before Shelby County, consistently advancing the goals of the Act’s opponents. Using statutory interpretation, the court has shifted both administrative and political burdens from VRA skeptics to its supporters, gradually undermining the efficacy of the law. Administratively, the court has made it harder to implement and enforce the VRA by raising evidentiary standards and narrowing the scope of section 2 and section 5. Making the VRA more burdensome to administer also creates new political burdens for the Act’s supporters, who must navigate a veto-riddled legislative process to reverse unfavorable Court decisions. As a result, the Court has made it more difficult to effectively use sections 2 and 5 to combat racial discrimination in territorial annexations, redistricting, and ballot access. These findings demonstrate yet another instance of the Supreme Court wielding its statutory authority to reshape public policies and illustrate the judicialization of the VRA.

This article analyzes how litigation, court rulings, and legal mobilization have influenced law and policy making related to death from overwork (karōshi) and suicide from overwork (karōjisatsu) in Japan over the course of half a century. It highlights the gradual, but substantial, impact of litigation and court rulings on different levels of governmental measures. By taking a longer-term perspective to assess the political effects of different stages of the judicialization process and focusing on the actors of legal mobilization—particularly, cause lawyers—this study provides a more accurate depiction of the overall process of social and legal changes observed in the recent Japanese labor law reform.

Possessing neither purse nor sword, the unelected US Supreme Court relies on sustained public confidence in its institutional credibility to give force to its decisions. Previous research shows that Supreme Court justices are increasingly making public appearances to engage in a course of institutional maintenance to preserve its legitimacy. Amid a potential legitimacy crisis, justices seek to shore up the Court’s public support in these public appearances by emphasizing the apolitical nature of the Court and its decision making. The question for a growing body of literature is whether these attempts at institutional maintenance do, in fact, lead to higher support for the Court. Using an original survey experiment where we manipulate the identity of the justice giving legitimizing rhetoric, we find that respondents’ ideological preferences and female respondents’ level of gender identity do impact the effectiveness of such rhetoric. These results build on previous work by demonstrating the importance of justice identity in conditioning how different ideologues respond to the Court’s elite signals.

The need to protect the rights of children and young people in detention is the subject of a recent United Nations study (Nowak 2019) and is highlighted by national and international controversies. This article examines the role of external monitoring in preventing the ill-treatment of children and young people in detention. Australia has until recently shown limited interest in protecting the rights of people in detention, but, in 2017, it finally ratified the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment (OPCAT). This article examines Australia’s steps to ensuring the effective monitoring of the rights of people in detention, specifically the rights of children and young people in criminal justice detention. As a federal state, Australia must establish a comprehensive network of monitoring bodies constituting OPCAT’s National Preventive Mechanism across nine jurisdictions and with a range of existing monitoring bodies. This article highlights the importance of the “monitoring of monitoring” to ensure the fair treatment of children and young people in correctional detention. It identifies factors relevant to the effectiveness and credibility of child-centered monitoring processes and analyzes the opportunities for maximizing both in the Australian context and globally.

Because states must rebut the presumption of responsibility, all prisoner deaths must be investigated. These investigations frequently illustrate the tip of an iceberg of rights abuses and systemic hazards but have largely escaped analysis in prison-monitoring scholarship. Focusing on suicides, we assemble some of the first evidence illustrating how the staff of the Prisons and Probation Ombudsman, who investigate prisoner deaths in England and Wales, seek to prevent further deaths. Ombudsman investigations are widely regarded as ineffective, yet there are competing constructions regarding why this is and what could be done to improve outcomes. As a result of organizational norms and constraints, ombudsman staff have offered narrow accounts of prisoner suicides, focusing on the failure of frontline staff to comply with prison policies. By contrast, prison staff and coroners have focused on systemic hazards or “accidents waiting to happen,” including imprisoning people with severe mental illness, illegal drugs, unsafe facilities, and inadequate staffing. These differing constructions lock penal actors into an unproductive cycle of blame shifting that contributes to high suicide numbers. We reconceptualize prisoner deaths as occurring at the intersection of systemic hazards, organizational contexts, and individual errors. We hope that this reconceptualization facilitates broader investigations that are more likely to prevent prisoner deaths.

This essay examines the intellectual history of the idea of judicial restraint, starting with the early debates among the US Constitution’s founding generation. In the late nineteenth century, law professor James Bradley Thayer championed the concept and passed it on to his students and others, including Oliver Wendell Holmes Jr., Learned Hand, Louis Brandeis, and Felix Frankfurter, who modified and applied it based on the jurisprudential preoccupations of a different era. In a masterful account, Brad Snyder examines Justice Frankfurter’s attempt to put the idea into practice. Although Frankfurter arguably made a mess of it, he passed the idea of judicial restraint on to Alexander Bickel and others. Today it remains a topic of much academic debate, while Supreme Court Justices occasionally give the idea lip service when it advances outcomes they desire.

I propose that the intellectual history of judicial restraint reflects the all-too-human inability to refrain from exercising power. The founders, focused on the need to mitigate the flaws of human nature in designing the executive and legislative branches, failed to sufficiently foresee how the same flaws would affect members of the judiciary. The failed idea of judicial restraint stands as the legacy of the founders’ mistake.

Executive clemency is a discretionary power to grant legal mercy and is rarely given. Using data from contemporary clemency hearings in four states, I explore how state actors use commutation hearings as sites to exert social control and communicate hegemonic ideology. Clemency board members use hearings as sites to communicate the behaviors and attitudes they desire from applicants, aiming to generate compliance and consent. These state actors use the ritual of the clemency process and the hope afforded by the possibility of legal mercy as tools to motivate desired behaviors and beliefs among those in prison both explicitly and implicitly in these hearings. Such behaviors and beliefs, accordingly, are those that serve to reinforce the control and power of the state.

This article examines aspirational laws in a randomized field experiment. We analyze the impact of an unenforced public smoking ban on individual behavior and attitudes. The findings indicate that aspirational laws, like public smoking bans, can make rights holders sensitive to behavior that violates their rights, irrespective of the material consequences of infringements and their personal views about the law. The results present a mixed position in the debate between rights-based social movement lawyering and critics of hollow rights. On the one hand, aspirational laws can create unforeseen social frictions when rights are declared, but their implementation and enforcement are ineffective. On the other hand, aspirational laws may also have self-fulfilling potential. Due to the adverse experience of rule breaking, rights holders may seek enforcement and compliance even if the law fails to influence public beliefs.

Core contributions from John Hagan’s scholarship on genocide are at stake in this article. First, this article examines, for the Rwandan genocide, the applicability of Hagan and Wenona Rymond-Richmond’s multi-level causal model of genocide, developed in Darfur and the Crime of Genocide. Asking how causal factors and processes highlighted in that model play out in scholarship on the Rwandan genocide, it moves toward answering the question of external validity versus historical specificity. Second, the article examines, again with a focus on Rwanda, the relationship between social scientific explanation and judicial thought. While it highlights—in line with the first author’s previous work—how judicial narratives address or select out core factors highlighted in the Darfur model, the article focuses—in line with Hagan’s Justice in the Balkans—on the question of what knowledge social science can nevertheless gain from court proceedings. An analysis of a sample of cases processed by the International Criminal Tribunal for Rwanda identifies overlaps with social science analyses, but it also highlights distinctions.

This essay evaluates the current United Nations approach to preventing and punishing genocide by considering micro-level research on behavioral variation in genocide and proposing two ideas for intervention. The first idea extends the theory that economic inequality explains people’s decisions to kill or not kill in genocide and suggests specific economic remedies to intervene in ongoing violence. The second idea extends the theory that local authorities shape civilians’ decision making about violence and suggests specific ways to bolster moderate meso-level authorities to mitigate violence. The essay concludes by considering how social science research and theory can practically impact international law concerning genocide.

Socio-legal scholars these days devote themselves routinely to the study of international law. It was not always thus. In the late twentieth century, no more than a handful of law-and-society scholars asked themselves how international law worked. Even fewer ventured into the field. John Hagan was one of those who did and the first sociologist to study empirically—and rigorously—what we now call international criminal law. In this article, I use Hagan’s oeuvre to reflect on the intellectual history of international legal scholarship in the twenty-first century. I argue that Hagan brought three things to the study of international law: criminology, methodology, and ideology. I trace each of these contributions in detail, assess their intellectual import, and relate them to alternative ways of seeing international law. The story I tell is of a pioneering scholar who charted an empirical path toward the sociology of international law, but whose moral compass—acquired during his socialization in the Vietnam era—also occasionally blinded him to the dark sides of virtue.