Reproducing crises: Understanding the role of law in the COVID-19 global pandemic

Governmental responses to the COVID-19 global pandemic have generated numerous constitutionals, policy, legal, and political-economic debates. Scholarly engagements with the sociolegal and policy consequences of the COVID-19 pandemic have been dominated by discussion on the role of emergency powers, the suspension of individual civil liberties, the suspension of economic rules in order to guarantee economic survival, and social regulation of public spaces and of workplaces. This paper aims to explore how a critical sociolegal scholarship can contribute to a more sophisticated understanding of the role of law in creating the unequal conditions that propitiated the COVID-19 pandemic and that might enable further crises. This introduction offers a roadmap for theorizing the limits of law, the operationalization of emergency powers and the different policies implemented by global south and north countries in response to the pandemic. This introduction is structured as follow: (1) provides a general overview of the law and society tradition and its engagement with the COVID-19 pandemic; (2) engages with three key consequences of the pandemic, labor, and the lockdown; colonial implications; and the limits of law; (3) introduces the papers in this special issue; (4) sketches a proposal for the critical sociolegal scholarship of law and crises.     

The Legal Protection for China's Flexible Workers during the Covid-19 Pandemic

The COVID-19 pandemic has caused a chain of socioeconomic effects worldwide. China’s social and economic operations and labor market have also been suffered because of this global crisis. During hard times, flexible employment becomes an important means for stabilizing employment. However, the pandemic also exposed the problems ensuing from insufficient legal protection for flexible workers. First, there are some gaps and defects in the labor and social security laws in terms of their scope and applicability to flexible workers. Second, there were limitations in the support and protection policies for flexible workers at the early stages of the pandemic. Although the government implemented measures soon after the outbreak of COVID-19, their role is still constrained by the legal lacunae in protecting flexible workers. As flexible employment will continue to play a significant role in China’s labor market, the State Council issued a far-reaching official document in July 28, 2020 to support it. This document indicates the directions for providing better legal protection for flexible workers, which contains expanding the legal scope and enriching the legal protection. Based on the realities and latest policies, the legal protection for flexible workers should be systemically improved in the future.     

Face mask mandates: Unilateral authority and gubernatorial leadership in US states

During the first year of the COVID-19 pandemic in the United States, the coordination and cooperation between the federal government and the states failed. American governors were thus tasked with making critical public health policy choices—under extreme uncertainty—with varying institutional capacities, partisan pressures, and state demographic differences. Yet most of the nation's governors chose to impose a face covering or mask mandate to limit the spread of cases. We collected each governor's executive order that mandated the conditions under which their residents would be required to wear a mask and employed a sentiment analysis program to extract key qualities of crisis leadership communication. Our analyses provide insights into the institutional and partisan factors that determined a face mask mandate as well as the institutional, demographic, and leadership communication qualities that affected the total number of cases per capita in the states. Our findings have important implications for post-pandemic policy recommendations with respect to the effectiveness of policies that seek to lower the transmission of viruses in public spaces and the characteristics of impactful public health messaging by government leaders.     

‘The rules are all over the place’: Mass Observation,time, and law in the COVID-19 pandemic

This article analyses practices of pandemic time making that surrounded the imposition and communication of laws restricting daily life in parts of the United Kingdom in spring 2020. With colleagues, we commissioned a Mass Observation Project directive in summer 2020, asking contributors about their everyday experience of time during the COVID-19 pandemic. We analyse how legal temporalities emerge across 228 responses. Initially, law making seemed belated, missing the disruptive temporalities of the pandemic. Once they arrived, pandemic rules were sudden, changeable, and confusing. Mass Observation writers forged clusters of improvised practices – tactics of anticipation – to cope with these unsettling temporalities. Meanwhile, the Hansard Society, the Joint Committee on Statutory Instruments, and legal commentators argued that ‘fast-track’ pandemic law making was error ridden, putting the public at risk of unwitting criminal liability. Attentive to ‘polyrhythmic’ temporalities operating across fields of experience and action, our study underlines the contradictory qualities of apparently resonant constructions of legal time.     

The Impact of the COVID-19 Pandemic on Intimate Partner Violence Advocates and Agencies

Relatively few studies have considered the impact of the COVID-19 pandemic on intimate partner violence (IPV) advocates or the agencies where they work. In this study, based on United States IPV advocates’ experiences working with survivors during the COVID-19 pandemic, we conducted interviews to explore: 1) personal challenges and resilience working as IPV advocates during the COVID-19 pandemic; 2) how agencies adapted to the pandemic to support IPV survivors and advocates; and 3) specific needs and challenges of culturally-specific agencies. We conducted semi-structured interviews with 53 IPV advocates from June to November 2020. Participants were included if they worked directly with survivors, identified as an IPV advocate, worked at a US-based agency, and spoke and understood English. We created a sampling matrix to ensure adequate representation from IPV advocates serving survivors from communities which have been marginalized. Interviews were conducted through a virtual platform by a trained member of the research team. We used an inductive thematic analysis approach, with weekly coding meetings to resolve discrepancies in coding. Five themes emerged from the data: 1) IPV advocates described how working as an IPV advocate during the COVID-19 pandemic impacted them personally; 2) agencies developed new methods of addressing IPV advocates’ needs; 3) agencies developed new solutions to address pandemic-related client needs; 4) transitioning advocacy work to virtual formats created challenges but also opportunities and; 5) pandemic limitations and impacts compounded pre-pandemic challenges for culturally specific agencies. IPV advocates are frontline workers who have played essential roles in adjusting services to meet survivor needs during the COVID-19 pandemic while simultaneously coping with pandemic impacts on themselves and their agencies. Developing inter-agency collaborations and promoting advocates’ safety and wellbeing during future public health crises will help support IPV survivors.

     

Identifying and Responding to the Complex Needs of Domestic Violence Housing Practitioners at the Onset of the COVID-19 Pandemic

The social, financial, and emotional repercussions of the COVID-19 pandemic has left many organizations that support survivors of intimate partner violence questioning how to maintain core services while addressing compounding individual, organizational, and public health issues. Stay-at-home orders and other COVID-19 mitigation strategies have resulted in reduced shelter availability and increased intimate partner violence rates. Coupled with the economic impact of the pandemic, these factors have threatened financial and housing stability. To better understand these challenges and provide immediate support, The National Alliance for Safe Housing (NASH) co-hosted a peer support call to provide a virtual platform for practitioners to ask questions, discuss challenges, and share strategies for quality service provision during the COVID-19 pandemic. Over 800 practitioners from across the United States participated in the NASH call, most of whom were advocates, program directors, and managers. NASH gathered data on practitioners’ needs from a brief survey from the registration form analyzed using conventional inductive content analysis. Practitioners’ primary concerns were situated within eight questions, which we categorized into four meta-categories: (1) managing residential housing programs; (2) getting survivors materials resources; (3) keeping staff safe; and (4) maintaining organizational operations. The paper concludes with community-grounded and empirically supported practice recommendations aligned with practitioners’ expressed needs.

     

应对公共健康危机的药品专利强制许可实施困境与对策

药品专利强制许可作为一项应对公共健康危机的制度在国内外均得到了立法与政策体认.鉴于其所关涉利益关系的复杂性,这项制度从产生至今仍然争议不断.具体到这项制度的实施,其程序和效果存在更多不确定性.尽管当前一些国家已经通过实施强制许可以应对新冠肺炎疫情,但是围绕发展中国家能力不足、除了专利之外药品所涉其他知识产权许可的不确定...     

Impact of COVID-19 on Selected Criminal Activities in Dhaka,Bangladesh

Asian Journal of Criminology - The COVID-19 pandemic had a substantial impact on the historical criminal trend around the world. This study explores the early impact of COVID-19 lockdown on...     

Experiences of Intimate Partner Violence during Lockdown and the COVID-19 Pandemic

Previous studies have demonstrated that there is an increase in Intimate Partner Violence (IPV) during times of crisis (e.g., financial, environmental, or socio-political situations). The COVID-19 pandemic has triggered an unprecedented global health and financial tragedy, but research is yet to establish exactly how the situation may impact on IPV. The present study investigates victims’ experience of IPV during lockdown and the COVID-19 pandemic. We report a qualitative thematic analysis of 50 discussion forum posts written by victims of IPV. Of these, 48 forum posts were written by female victims of male perpetrated violence. All forum posts were obtained from the popular online platform, Reddit. We identified four themes associated with IPV victims’ experiences during lockdown and the global pandemic: (i) Use of COVID-19 by the Abuser, (ii) Service Disruption, (iii) Preparation to Leave, and (iv) Factors Increasing Abuse or Distress. The COVID-19 pandemic has had a substantial impact on those living with IPV, often increasing the severity of IPV experienced. The experiences of those affected by IPV during this period inform interventions and the guidance and support provided to IPV victims during times of crisis.

     

Domestic violence in Puerto Rican gay male couples: perceived prevalence, intergenerational violence, addictive behaviors, and conflict resolution skills

Domestic violence (DV) is a pattern of behaviors in the context of an intimate relationship, which can be manifested in emotional, physical, or sexual abuse. DV currently represents a social and a public health issue. This study is an effort to foster a better understanding of DV among same-sex couples. In it, the authors included the participation of 199 Puerto Rican gay males to identify prevalence of DV, violence in their family of origin, participants' addictive behaviors and exposure to violence at childhood, and their conflict resolution skills. Participants were relatively young, highly educated Puerto Rican gay men who reported a high level of domestic violence in their relationships. This violence was identified as emotional violence by 48% of the participants. This sample reported high levels of violence among their families of origin and low conflict resolution skills.     

Semiformal Organizations and Control During the COVID-19 Crisis in China

Scholars often compare China and Western societies in terms of dichotomous forms of control—formal and informal. Recent research indicates a nuanced form of social control—semiformal. Using a survey data collected during the 2020 COVID-19 pandemic in China, this study investigated the prevalence and importance of semiformal organizations, formal organizations, and informal groups participating in social control and social service and the predictors of the perceived importance of these three forms of social control mechanisms. Findings from this study revealed that formal organizations, the semiformal organizations, and informal groups all participated in community control and service. Semiformal organizations had the highest level of participation. This study found that education and age are the two major predictors of the views on the importance of formal, informal, and semiformal control and control mechanisms.

     

Mustard gas and American race-based human experimentation in World War II

This essay examines the risks of racialized science as revealed in the American mustard gas experiments of World War II. In a climate of contested beliefs over the existence and meanings of racial differences, medical researchers examined the bodies of Japanese American, African American, and Puerto Rican soldiers for evidence of how they differed from whites.     

紧急状态应对机制中的民生至上理念——从日本“3·11”地震紧急状态说起

2011年3月11日本近海发生9.0级地震,海啸、核泄漏不期而至,引发日本国宣布进入紧急状态。其无序与法律救济上的无助,再次引发了人们对突发性危机或紧急状态下的民生保障问题的反思。本文以关乎人的最基本权利之民生保障为中心,论述在突发事件或紧急状态下国家法律对民生保护的应对之策。一个国家或民族或地区在面临突发的紧急的危险状态下,该怎样正当行使国家公权,有理有利有限地克减民生,遮蔽基本人权事项,这是很值得研究和必须回答的问题。当面临紧急状况时,作为执政者不应是一个简单的实用主义者,更不能开启行政乃至司法任意性和主观性的窗口。否则,是对现代民主国家法治与民生保障的二重嘲讽。     

COVID-19 Pandemic and Intimate Partner Violence: an Analysis of Help-Seeking Messages in the Spanish-Speaking Media

The role of the Spanish-speaking media is crucial for how Latinx communities learn about seeking help when experiencing intimate partner violence (IPV). This study investigated the IPV help-seeking messages disseminated by the Spanish-speaking media in the U.S. during the COVID-19 pandemic. We engaged in an exploratory content analysis of videos from Univision’s main website, the most-watched Spanish-speaking media network in the U.S. We searched for videos related to IPV help-seeking posted from March 19–April 21, 2020—including the weeks after the World Health Organization declared COVID-19 a global pandemic and the U.S. mandated a shelter-in-place. After assessing inclusion criteria, 29 videos were analyzed. Data were analyzed using basic content analysis to determine frequencies and inductive interpretive content analysis to code for help-seeking messages. We identified eight manifest messages related to seeking help when experiencing IPV in times of a crisis: (1) contact a professional resource; (2) contact law enforcement; (3) contact family, friends, and members of your community; (4) create a safety plan; (5) don’t be afraid, be strong; (6) leave the situation; (7) protect yourself at home; and (8) services are available despite the pandemic. We found that the manifest messages alluded to three latent messages: (1) it is your responsibility to change your circumstances; (2) you are in danger and in need of protection; and (3) you are not alone. IPV and media professionals should ensure a structural understanding of IPV in their help-seeking messages and avoid perpetrating stigmatizing and reductionist messages.

     

Executive orders: Symbolic politics, criminal justice policy, and the American presidency

The theory of symbolic politics is used to examine presidential executive orders related to criminal justice policy. It is hypothesized that presidents use executive orders to make more of a symbolic, rather than a substantive, statement. Data were collected from the National Archives and Records Administration on all presidential executive orders from the first Eisenhower administration (1953) through the last Clinton administration (2001). A content analysis of presidential executive orders related to crime and justice offers partial support for the claim that presidents use these executive orders primarily for evoking symbols. The author would like to thank Dr. Matthew J, Franck for his review of an earlier draft of this paper and the anonymous reviewers for sharing their helpful comments.     

Elder Mistreatment Victims during the COVID-19 Pandemic: Administrative Data from San Francisco Adult Protective Services

This study examined elder mistreatment victims’ experiences at the beginning of the COVID-19 pandemic, focusing on their COVID-19 awareness and unmet needs. San Francisco Adult Protective Services (APS) caseworkers conducted phone interviews with clients or collaterals (client’s family, trusted other, or service provider) to inquire about clients’ awareness of COVID-19 and unmet needs. Nine-hundred-and-thirty-four (71%) of 1,313 APS’ past clients or their collaterals were interviewed, with 741 (79%) responding positively to COVID-19-awareness questions, and 697 (75%) having no unmet needs. Binary logistic regression with Firth adjusted maximum likelihood estimation method revealed that older persons (p?<?.05), self-neglectors (p?<?.05), and victims of neglect (p?<?.05) were less aware of COVID-19. Unmet needs varied by mistreatment type. Victims of isolation were more likely to have medical needs (p?<?.05), while victims of emotional abuse were more likely to report loneliness (p?<?.001). Case notes reflected clients who were well-prepared for the pandemic, versus those who required additional assistance to follow preventative measures of the COVID-19 pandemic to stay home. Although the majority of San Francisco APS’ past clients experienced no unmet needs at the beginning of the COVID-19 pandemic, the prolonged length and intensity of the pandemic could have exacerbated this vulnerable group’s situation. Collaboration between service providers is key in assisting victims experiencing unmet needs to live safely in a public health crisis, especially underserved victims of specific ethnic backgrounds.

     

Sex Differences in Trajectories of Offending Among Puerto Rican Youth

Although sex is one of the strongest correlates of crime, contentions remain regarding the necessity of sex-specific theories of crime. The current study examines delinquent trajectories across sex among Puerto Rican youth socialized in two different cultural contexts (Bronx, United States and San Juan, Puerto Rico). Results indicate: similar substantive offending trajectories across males and females within each cultural context; that males exhibit a higher frequency of offending and higher levels of risk factors for delinquency; and there more similarities than differences in how risk/protective factors relate to patterns of offending across male versus female youth. Study limitations and implications for sex-specific criminological theories are also discussed.     

Self-control, attachment, and deviance among Hispanic adolescents

Gottfredson and Hirschi's general theory of crime has received considerable empirical attention since its publication in 1990. Implicitly embedded in self-control theory is its cross-cultural applicability, though this is seldom examined. In this study, self-control theory was tested in a novel cultural setting (San Juan, Puerto Rico) and in relation to maternal attachment. The analysis relied on data collected from a self-report survey administered to a sample of Puerto Rican adolescents attending public school in Dorado, Puerto Rico, part of metropolitan San Juan. Results indicated that maternal attachment was related to self-control and that both attachment and self-control independently predict deviant behavior. Further analyses revealed only partial support for the ability of low self-control to mediate the effects of attachment on deviant behavior, contrary to the general theory's predictions. Study limitations, directions for future research, and policy implications are also discussed.