Co‐Parent Court: A Problem‐Solving,Community‐Based Model for Serving Low‐Income Unmarried Co‐Parents

The Hennepin County Co‐Parent Court Project was a 3‐year demonstration project for unmarried co‐parents. The goal of the project was to remove barriers to co‐parenting in low‐income, unmarried parents. The Co‐Parent Court Project encompassed a number of services, including educational workshops, individual case management, parenting plans, legal mediation, and, if needed, supports and treatment for domestic violence. There are published articles that highlight the participant outcomes of the Co‐Parent Project. This article, however, focuses on the background for why this project was developed, components of this project, and lessons learned from implementation.     

Inclusive Legal Positivism,Legal Interpretation,and Value‐Judgments

In this paper I put forward some arguments in defence of inclusive legal positivism. The general thesis that I defend is that inclusive positivism represents a more fruitful and interesting research program than that proposed by exclusive positivism. I introduce two arguments connected with legal interpretation in favour of my thesis. However, my opinion is that inclusive positivism does not sufficiently succeed in estranging itself from the more traditional legal positivist conceptions. This is the case, for instance, with regard to the value‐freedom principle, which is commonly accepted by inclusive positivist scholars. In contrast with this approach, I try to show, in the concluding section, how a constructivistic version of inclusive positivism could legitimately acknowledge the presence of value‐judgments in the cognitive activities of jurists and legal theorists.     

Cape Legal Idioms and the Colonial Sovereign

A crucial element of sovereignty politics concerns the role that juridical techniques play in recursively creating images of the sovereign. This paper aims to render that dimension explicit by focusing on examples of crime-focused law and colonial rule at the Cape of Good Hope circa 1795. It attempts to show how this law helped to define a colonial sovereign via such idioms as proclamations, inquisitorial criminal procedures, and case narratives framing the atrocity and appropriate punishment for crimes. Referring to primary texts of the time, the paper explores how procedures and narratives of Cape law were also deeply involved in fashioning specific images of the sovereign in whose name it claimed to operate.     

全球化与国际法律意识

法律全球化是近年来法律领域内的一种明显的客观发展趋势 ,它表现为在经济全球化基础上 ,各国各地区的法律在内在精神、原则、主要标准及主要程序上相互接近、协调、吸收甚至部分同一或统一的现象。这种趋向并不必然地与我国的国家利益相冲突。我们要在主观上适应这种现实 ,从积极的方面思考问题。     

Legal Consciousness of Undocumented Latinos: Fear and Stigma as Barriers to Claims‐Making for First‐ and 1.5‐Generation Immigrants

This article examines the legal consciousness and incorporation experiences of undocumented immigrants in the United States. Although this population may be disaggregated along several axes, one central distinction among them is their age at migration. Those who migrated as adults live out their daily lives in different social contexts than those who migrated as children. Therefore, although all undocumented immigrants are legally banned, their identities, sense of belonging, and interpretation of their status vary. Based on ethnographic observations and in‐depth interviews of Latino undocumented immigrants from 2001 to 2010, I examine how illegality is experienced differently by social position. The findings suggest that the role of life‐stage at migration and work‐versus‐school contexts importantly inform immigrants' legal consciousness. Fear predominates in the legal consciousness of first‐generation undocumented immigrants, while the legal consciousness of the 1.5 generation is more heavily infused with stigma. Fear and stigma are both barriers to claims‐making, but they may affect undocumented immigrants' potential for collective mobilization in different ways.     

纳税人意识:公民意识的法律分析

纳税人意识作为公民意识的基础,是一个纳税人与政府双向的全方位概念,是纳税人通过向政府让渡部分财富,要求国家提供公共产品的权利实现和权力服务的思想体系. 它包括建立纳税人权利体系和实施国家财税管理和监控两个方面,展现为纳税人的权利与义务以及政府的权力与义务互动的复杂关系.     

Relational Legal Consciousness of U.S. Citizenship: Privilege,Responsibility, Guilt,and Love in Latino Mixed‐Status Families

Based on interviews with 100 members of mixed‐status families in Los Angeles, California, this article analyzes how U.S. citizen children practice and understand citizenship in the context of punitive laws targeting their loved ones. Participants' narratives of citizenship as privilege, responsibility, and guilt reveal that despite normative conceptions of citizenship as a universally equal status, citizenship intersects with key social markers to determine the contours and inequalities of substantive citizenship. Specifically, U.S. citizens in mixed‐status families make sense of their juridical category when they navigate unrealistic aspirations from relatives, maintain silence about undocumented family members' legal status, manage their fear of family separation through deportation, and take on financial and logistical responsibilities prematurely to help relatives. In each of these ways, family proves to be a key site for the social and relational production of citizenship.     

中国法制“镂之金石”传统及特质

传统金石学研究多将金石视作整体。在当今的学术研究中,金石学的研究对象却分属于不同学科,以致考古学和古文字学多关注金文,历史学研究侧重于墓志,社会史学者偏向于碑刻。这种剖裂式研究使中国法制“镂之金石”的传承特色难以彰显。本文旨在以金石学的视角,对比金石法律文献研究之优长,考察“铭金”与“刻石”法律纪事的关联,进而揭示中国法制“镂之金石”传统的“礼制”和“公政”的特质,并以此展示中国古代法制文明的别样风景。     

法律实证主义的问题意识

法律实证主义作为西方法哲学史上与自然法学派相对立的思想流派.始终饱受误解和质疑.法律实证主义的"问题意识"是深入领会其良苦用心和精神实质的关键.自然法学派与法律实证主义的法律观都具有批判与保守、灵活与随意、确定与僵化的两面性.法律实证主义以"形式正义"取代"实质正义",以"合法性"诠释"正当性",是对自然法的绝对性、抽象性、不确定性等形而上学固有缺陷深刻认识的结果,反映了法律实证主义深刻的问题意识.因之,法律实证主义在实践上具有更稳健、妥切、现实的品格.法律实证主义以特殊的方式理解和处理了正当性观念,它与自然法学派的关系与其说是本体论上的对立,不如说是认识论和方法论上的发展、补充和超越,由此二者才能共同支撑和维护西方法治文明的大厦.     

Legal Consciousness: Some Observations

This article argues that US studies of 'legal consciousness' have much to offer UK socio-legal studies. It is, perhaps, surprising that so little attention has been paid to this set of understandings. I seek to rectify that imbalance in the transatlantic relationship by outlining legal consciousness and its critiques. I then draw on homelessness applicant interview data to discuss their 'legal consciousness', illustrating the importance of the value of dignity; how they make sense of their decisions; and the spaces in which legal consciousness may be produced. The study is a limited examination, but it enables us to question the assertion that welfare applicants 'know the law' and (ab-)use it.     

Islamic Law,Women's Rights,and Popular Legal Consciousness in Malaysia

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.     

Techniques of Knowing in Administration: Co‐production,Models, and Conservation Law

Law frequently demands the production, sometimes effortful, of adequate knowledge for decision making. This article explores the challenging epistemic demands made by nature conservation law during planning law approval processes for major offshore wind farms. It explores this area through the prism of co‐production: not only are ‘science’ and ‘facts’ socially and legally constructed, but in addition, scientific and factual findings shape society, and law and governance. Models are used in planning law to assess whether bird deaths associated with a proposed wind farm will have an adverse effect on the integrity of a protected site. As much as providing an accurate factual representation of the impact of a wind farm on biodiversity, the models contribute to the very possibility of governing the impact of these novel infrastructure developments on biodiversity.     

Co‐parenting in a Highly Conflicted Separation/Divorce: Learning about Parents and their Experiences of Parenting Coordination,Legal, and Mental Health Interventions

Sixty high‐conflict separated/divorced co‐parents completed surveys investigating characteristics and dynamics (narcissism, empathy, conflict) that were examined in relation to co‐parenting style and parents' experiences of parenting coordination, legal, and mental health interventions. Study findings for this sample did not support common notions found in the literatures on parenting coordination and high‐conflict divorce that suggest these parents are often narcissistic or low in empathy. Findings pertaining to all high‐conflict participant experiences revealed the presence of common elements across aspects of practitioners and interventions with which they were both satisfied and dissatisfied.     

Legal Consciousness and Responses to Sexual Harassment

Studies of legal mobilization often focus on people who have perceived some wrong, but these studies 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 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. We also discuss strategies that workers employ to cope with and confront harassment. We find that traditional formal/informal dichotomies of mobilization responses may not fully account for the range of ways that individuals respond to harassment, and we propose a preliminary typology of responses.     

论法与法律意识

法与法律意识的相互作用及其矛盾运动 ,是法存在与发展的基本矛盾之一。法律意识的本原是而且只能是法律现象。法律意识的独立性 ,既相对于法律现象 ,也相对于除法律现象之外的其它现实的社会关系。培养法律意识的目的 ,主要是依靠一种进步的与科学的法律意识作为指导 ,形成正确的法概念 ,制定出一套好的法律规范与原则 ,建立一套好的法律制度 ,保证法律在实际生活中得到最有效的执行与遵守 ,使法的作用得到最有效的发挥。     

China＇s Legal Cultural Traditions and Modern Rule of Law

中国传统社会未将自由与权利概念化并不意味着中国古人无自由与权利。中国传统法律制度在整体上应当被改造、被置换，但并不意味着古人积累的技术智慧与程序艺术不可被承继，更不意味着支撑法文化传统的基于人性又反映中国文化特质的原则可以被抛弃。中国文化传统仍然是我们探讨中国现代法治的逻辑起点。     

Radical Transactionalism: Legal Consciousness,Diverse Economies,and the Sharing Economy

This article proposes an original theoretical approach to the analysis of community‐level action for sustainability, focusing on its troubled relationship to the sharing economy. Through a conversation between scholarship on legal consciousness and diverse economies, it shows how struggles over transactional legality are a neglected site of activism for sustainability. Recognizing the diversity of economic life and forms of law illuminates what we call ‘radical transactionalism': the creative redeployment of legal techniques and practices relating to risk management, organizational form, and the allocation of contractual and property rights in order to further the purpose of internalizing social and ecological values into the heart of economic exchange. By viewing sharing‐economy initiatives ‘beyond Airbnb and Uber’ as sites of radical transactionalism, legal building blocks of property and capital can be reimagined and reconfigured, helping to construct a shared infrastructure for the exercise of collective agency in response to disadvantage sustained by law.     

Laboratories of Statehood: Legal Intervention in Colonial Africa and Today

The immense body of contemporary work aimed at ‘promoting the rule of law’ is often accused of ‘neo‐imperialism’. Yet, despite many points of contiguity between past and present legal interventions, the charge is overbroad and rarely illuminating. This article attempts to move beyond polemic to track concrete historical and structural forerunners of today's rule of law work. Focusing mainly (though not exclusively) on late imperial British endeavours, it traces colonial legal interventions over time, the techniques adopted (and rejected), the shifting normative bases of legitimacy, and moments of strategic recalibration in the face of resistance. Three broad attitudes towards law across the period are (provisionally) characterised as ‘regulative’, ‘constitutive’ and ‘institutive’ moments. In each phase, the Powers treat colonial territories as laboratories of statehood, within which experiments are conducted to locate the optimal configuration of law. In conclusion some counterparts to these moments in today's ‘rule of law’ activities are identified.     

Crime Data,the Internet,and Free Speech: An Evolving Legal Consciousness

Digitization and open access to governmental data have made criminal justice information incredibly easy to access and disseminate. This study asks how law should govern access to criminal histories on the Internet. Drawing upon interviews with crime website publishers and subjects who have appeared on websites, I use legal consciousness theory to show how social actors interpret, construct, and invoke law in a nascent and unregulated area. The analysis reveals how both parties construct legality in the absence of positive legal restrictions: Website publishers use legal justifications, while those appealing to have their online record cleared resort to personal pleas, as opposed to legal remedy. Ultimately, I show how current data practices reinforce structural inequalities already present in criminal justice institutions in a profoundly public manner, leaving website subjects with little recourse and an inescapable digital trail.