The introduction explains the setting of the ethnography at the intersections of law, NGOs, the Indian state, and the global anti-trafficking regime. It explains the sequence of interventions the book will follow, from rescues to courts to shelters, prescribed by Indian law and implemented by legal actors and NGOs. It lays out the sites and processes the book will explore through encounters between those implementing these interventions, and those experiencing them. It outlines the book’s central aims: how it uses the intersections of anti-trafficking and anti-prostitution interventions as points of entry to foreground how sex workers navigate them, critique the prevalent assumptions and preferred solutions of the global anti-trafficking regime, and explore the complex relationship between law and NGOs in India. It discusses the broader concerns and approaches these interventions bring to the governance of prostitution – global humanitarianism, policing and criminal justice, the paternalism of the Indian state and NGOs, neoliberal women’s empowerment programs, and an anti-immigrant sociopolitical climate. The introduction also explains the author’s methods, research design, and positionality, and the organization of the book.

This chapter demonstrates that a researcher is attached to the analytic process in ways that make it difficult to be completely independent and objective when doing research. Issues of objectivity and subjectivity are discussed, which offer a frame to understand the ways in which a researcher’s cultural familiarity with an object of study, as well as their professional vision and institutional positionality, inform the analytic process. After reading this chapter, readers will understand that discourse analysis research is inherently subjective; know that a researcher’s cultural familiarity with an object of study is crucial to doing discourse analysis; be able to identify and adopt multiple analytic perspectives; be capable of applying reflexive practices to the analytic process; and understand, and know how to deal with, the power dynamics that exist in discourse analysis research.

This chapter discusses best practices for conducting a conversation-analytic (CA) investigation into (discourse) particles (or discourse markers). Particles are ubiquitous in talk-in-interaction, making them an attractive research target. CA research into particles aims to elucidate their interactional deployment in the language under study and, more generally, to develop a deeper understanding of the infrastructure of social interaction. The chapter discusses conceptual underpinnings of the CA approach to analyzing particles: first, its orientation to social action; second, its emphasis on positionality (including the particle’s position in a turn, a sequence, a repair segment, and a conversation as a unit); and, third, its use of particular evidentiary procedures (such as the ‘next-turn proof procedure,’ positional deployment, distributional evidence, and deviant cases). The application of these principles is illustrated with two case studies: a semasiological study of the Russian particle nu and an onomasiological study of how courses of action are launched via so and oh prefaced turns. The chapter shows that, while fraught with challenges, a study of particles can lead to important and unexpected findings about social interaction.

Chapter 1 presents my “alternative fieldwork,” how I make sense of my predecessors’ fieldwork and fieldnotes. I introduce Xia Xizhou in its historical cultural context, including its colonial history and changing kinship, economy, and schooling system. I contextualize the multiple boundaries, identities, and relationships between the researched and the researchers and highlight children's agency. I recover the experience of native research assistants, not just as mediators between anthropologists and children, but as lively characters participating in children’s moral development journey. I expose the challenges of reconstructing this ethnography and the puzzles I encountered. I reveal the inherent ethical dimension of actions and interactions that made ethnographic knowledge possible. I also draw from my own experience and expertise to discern the voices, silences and voids in this archive. Throughout this chapter, I connect my discussion of reinterpreting historical fieldnotes to children's developing social cognition and moral sensibilities, which provides the foundation for intersubjectivity and communication in the original fieldwork and in the making of fieldnotes.

There is a tendency to treat African journalism fields as insignificant to scholarship unless the scholarly focus is on “improving” or “modernizing” them. This chapter argues against this tendency by arguing that African journalism is engaged in knowledge production and all its attendant politics. It argues that by taking a conflict such as Darfur as a locus, scholars can excavate the multiple discursive struggles over questions such as the role of African journalism, the place of African news organizations in global narrative construction about Africa, and the politics of belonging in which African journalists debate what it means to be African. Relying on field theory, postcolonial theory, and the sociology of knowledge, this chapter argues for a de-Westernization of journalism studies while cogently locating the origins of field theory in Algeria; thus connecting it not just to the colonial project but specifically locating field theory with a larger discourse of postcoloniality.

The Preface outlines the origins, motivations, history, and stakes of the project that led to the publication of this book, and it discusses the project’s relationship to scholarship in Indigenous Studies and engagement of key works in that field. It explores what an approach informed by Indigenous Studies can bring to the history of the human sciences, and how it might build upon existing scholarship on this topic.

The chapter author, Swethaa S. Ballakrishnen, who uses non-binary pronouns, is a sociologist of law and globalization who studies, among other things, inequality and identity in the legal profession. They identify as “a global south queer with … ‘local north’ advantages.” Their chapter considers how identity and vulnerability – and not merely ideas – build critical legal theory. Specifically, Ballakrishnen argues that complicated legal and social hegemonies create outsider status, but the process of making hidden identities visible creates closeness, camaraderie, and change in our scholarship. Data, like identity, is not neutral, though both are often valorized in that way. And the law, Ballakrishnen writes, is also very much like identity in that both are “predicated on trust, exchange, and power, and each, when moderated with self-reflexive vulnerability, hold within them the capacity to belong, break-open, and build anew.”

The author of this chapter, Lynette J. Chua, is a scholar of law and resistance originally from Malaysia, educated in Singapore and the US, and working in Singapore. She says that across these diverse contexts she has “always been drawn to being, and [has] always been out of place.” Chua reflects on how her out-of-place positionality enabled her to write her first two books. It was her own out of place positionality that she says first drew her to “out-of-place movements,” which allowed her to see “the strength of human agency to forge resistance against [legal] odds.” Being out of place in so many ways is what enabled her to see the importance of emotions and relationships for human rights activists, a central theme of Chua’s work on Myanmar.

The chapter provides a critical reflection on how the author, Leisy J. Abrego, conceptualizes, conducts, analyzes, writes up, and presents her research projects. As a “mestiza from a working-class background,” the author does not have the luxury of deciding to distance from or “intellectualize” oppression. However, she sees colleagues who come from majority groups do this with relative ease. The author is a sociologist who studies how legal violence is perpetrated against migrants and its effects on their legal consciousness. The result is pathbreaking and interdisciplinary scholarship that is “simultaneously humanizing and rigorous,” and that fosters community through an “accompaniment” with immigrants rather than a study of immigrants.

Positionality in research refers to the disclosure of how an author’s self-identifications, experiences, and privileges influence research methods. A statement of positionality in a research article or other publication can enhance the validity of its empirical data as well as its theoretical contribution. However, such self-disclosure puts scholars in a vulnerable position, and those most likely to reveal how their positionality shapes their research are women, ethnic minorities, or both. At this stage of the field’s methodological development, the burdens of positionality are being carried unevenly by a tiny minority of researchers. In this book, we spotlight a group of scholars from around the world who shaped the field of law and society through their intentional awareness of how their self-identifications, experiences of marginalization, and professional privileges influenced their research questions, design, methods, and writing about the law.

The chapter explains how being out of place can paradoxically put one back in place – or exactly where one needs to be to achieve their research goals and values. The author, Margaret Boittin, is a lawyer and US-trained political scientist who works in a Canadian law faculty. She explains how being out of place is relative. She may not be out of place in North America as “a white woman with blond hair and blue eyes,” but she was obviously out of place when she was studying sex workers in China. Embracing this outsider status also became the source of her strength during fieldwork and later in the academy. Boittin concludes with a reminder about the exhaustion of being out of place but also with gratitude to the many respondents – sex workers, their clients, and police – who felt comfortable with her precisely because she was an outsider.

In the final chapter, the legal anthropologist Keebet von Benda-Beckmann (1946–2022) reflects on 45 years of ethnographic fieldwork on legal pluralism in Indonesia and the Netherlands. In her fieldwork, and across her career, von Benda-Beckmann writes, she would begin as a “total stranger” and then slowly turn into a “familiar outsider.” She felt out of place as a lawyer in social science and as the descendant of a Dutch colonial sugar plantation administrator. She often conducted fieldwork with her husband, which meant that “We came as a family and had to divide our time between doing research and the children.” Von Benda-Beckmann reminds us all that across a long and successful career, simply “being there” is ultimately what shapes our relationships and our ability to find “remarkable continuity” in the law across different times and places.

The chapter is a reflection on the “unsafe” and “painstaking work” of observing rape trials. The author, Pratiksha Baxi, a leading sociologist of gender, learned Indian law and medical jurisprudence on her own during her fieldwork, through conversations with lawyers, observing trials, and reading books. However, her outsider status as a non-lawyer and as a woman led various people in the courtrooms where she conducted fieldwork to “scold” her for studying rape trials. The out-of-place feeling from fieldwork followed her long afterward, like a trauma. Though her fieldwork took place two decades earlier, the “anger and grief” never went away. However, she concludes, that, “If law’s attachment to cruelty continues to mark the self, then the ability to love and be in solidarity is the necessary condition for living with the field.”

The chapter reflects on the tension that the author, Sindiso Mnisi Weeks, felt when other scholars identified her too closely with her study participants, who like her are Black South Africans. Their shared background seemed to taint or decrease her scholarly credibility, she writes. While this perspective of being a young African woman studying other young African women gives her some insider status, it also shapes how other academics see her, how study participants see her, and how she has come to see herself. Mnisi Weeks is a scholar of gender, Indigenous rights, and constitutionalism in South Africa, as well as race in the United States. However, her marginalized identity in the law sapped her authority in the centers of patriarchal power where the law resides – both in the communities she has studied and in the academy “whose default representative is a white, middle-aged, European and/or American male locked in a single discipline.”

Massoud discusses in the Introduction the benefits and costs of open and principled discussion of positionality. He draws on a longitudinal study he conducted of major law and society journals to argue that scholars who are women, ethnic minorities, or both unevenly carry the burdens of positionality. Massoud encourages law and society scholars of all backgrounds to adopt a “position sensibility” by examining and explaining how their own self-identifications, privileges, or experiences shape and challenge research methods.

The chapter builds an “out of place” theory for international law. The author, Luis Eslava, a scholar of international law and development, draws on postcolonial legal theory, history, and ethnographic research in Colombia and elsewhere to show how the field of international law produces and is produced by “out-of-placeness.” The result is an international legal order that has, for five hundred years, “continually wrecked and disciplined” people and places, especially in the Global South. Eslava points scholars towards seeing that being out of place is fundamentally about dislocation, which is both a global reality and a sensible ethical position for contemporary interdisciplinary scholarship.

This chapter turns to the conception of ‘legitimate’ knowledge, first examining constructions of ‘legitimacy’, drawing on political, sociological, and philosophical conceptions. The construction of legitimate knowledge in relation to the conceptions of belief, truth, and justification are considered. In addition, debates pertaining to the recent discourses of the democratisation of knowledge, linked to the notion of ‘expertise’ and ‘stakeholders’, indigenous knowledge and decolonising knowledge are discussed; this entails a critical exploration of various types of factors complicit in the formulation of knowledge, including positionality, with respect to class, political interest, gender, race, and so on; university diversity initiatives; disciplinary quality; methodology and the ‘Canon’; skills, employment, and research assessment initiatives; funding and international partnerships; and global legitimating systems such as global university rankings, publication systems, and citation practices. Furthermore, it is argued that the production of research does not sit outside these positionalities and the politics of knowledge production.

The relationship between academic freedom and knowledge production is examined in in this chapter. Various contested constructions of knowledge within and across the different geographical contexts and by discipline are critically interrogated, and the implications of these constructions are considered for pedagogy, research, and understanding of academic freedom. As such, conceptions of knowledge invoke particular conceptions of the value of education and its aims. This is examined in relation to neoliberal discourses of skills, impact and marketability, positionality, and decolonisation of knowledge initiatives. The temporal and geographical positionality of knowledge is critically interrogated, recognising the Western hegemony of knowledge and its production, calling for the need to situate knowledge sociopolitically and historically. This necessitates the recognition that academic freedom is similarly situated in space and time, with discussions of examples across the four national contexts. Debates surrounding the organisation and gatekeeping of knowledge through the disciplines and the rise of interdisciplinarity are also addressed in this chapter.