法律职业话语的解析

职业主义、精英主义和民粹主义构成了现代社会关于法律职业的三种话语系统和意识形态。职业主义是一种描绘和论证法律职业的理想图景的话语,精英主义是一种论证法律职业的正当性和合法性的话语,而民粹主义则是一种批判法律职业之弊害的话语。三种话语系统和意识形态之间的良性互动,是法律职业健康发展的有效保证。     

The Impact of Juvenile Court Judge Ethical Orientation on Decision Making

This exploratory study examines the ethical ideologies of a sample of 76 juvenile court judges attending a conference using an Ethical Position Questionnaire. Potential effects of ethical orientation on judicial decision making are identified and discussed. The findings indicate a relatively even distribution of judges across ethical ideologies. The connection between ethical ideology and the prevailing juvenile justice philosophy across jurisdictions, and the importance and complexity of judicial education and training in juvenile justice, are discussed.     

Drug Films,Justice, and Nationhood 1

This paper examines how drug traffickers, enforcement, nationhood, and space are represented in illegal drug films. Drawing from a sample of films produced in the United States between 1916 and 2005, this paper examines several drug films in order to explore how past and contemporary films on illegal drugs reflect conventional ideologies about law and order, the nation, and imperialism. Censorship and illegal drug films that challenge and rupture conventional ideologies will also be discussed.     

Hierarchy-Legitimizing Ideologies Reduce Behavioral Obligations and Blame for Implicit Attitudes and Resulting Discrimination

Three preregistered studies investigated people’s judgments of whether someone with implicit racial bias is obligated to change their bias and to avoid discrimination based on that bias. Two studies showed that hierarchy-legitimizing ideologies—Belief in a Just World, Social Dominance Orientation, and political conservatism—predict lower obligation judgments. One study showed that hierarchy-legitimizing ideologies predicted greater protection of a potential discriminator; in another, they also predicted lower protection of a person who may be discriminated against. Lastly, one study showed that greater obligation judgments predicted greater blame of a person who discriminated based on implicit bias. Taken together, these four studies address how people’s ideologies relate to their obligation judgments for implicit racial bias and how those obligation judgments are related to blame for discrimination resulting from implicit racial bias.     

The ideological bases and functions of contemporary juvenile law reform: The New York State experience

This paper reviews dominant crime control ideologies and relates these ideological assumptions to juvenile justice reform. Using New York State as a case study, the ideological basis of recent juvenile justice legislation is then reviewed through analysis of legislative debates. The debates indicate that the legal reforms represent the ascendance of conservative crime control ideology. The paper then examines the functions and effects of crime control ideology. It is argued that liberal and conservative crime control ideologies are part of a more general institutionalized thought structure dominant in American society. Key elements of this institutionalized thought structure include an emphasis on individualism, formal equality, and rationality. The net effect of the legal reforms, however, appears to be an increase in substantive inequality in the form of extended state control over poor, urban, minority youths. The paper concludes by suggesting that these ideologies function to offer apparent responses to the problem of crime in society without threatening existing distributions of power and wealth.     

Ideology and Representation in the US Senate: Roll Calls v. Constituent Assessments

Most research on representation in the US Congress examines the relationship between the voting behaviour of legislators and citizens' preferences. Using a roll call-based measure (DW-NOMINATE scores) of US Senators' ideologies and citizen assessments of Senators' ideologies (from the American National Election Study: Pooled Senate Election Study 1988, 1990, 1992), we demonstrate that judgements about Senators' responsiveness (the extent to which more liberal/conservative Senators represent more liberal/conservative states) is sensitive to measurement issues. In addition, using citizen assessments, we move beyond responsiveness to examine ‘representativeness’ (the extent to which Senators' ideologies match the average ideologies of their constituents) as a dimension of representation. We conclude that citizen assessments should not be overlooked since representation may ultimately be a phenomenon that rests in the eye of the beholder and since governmental legitimacy itself rests on citizens' attitudes and beliefs.     

Patriarchy and changing family strategies: Class and gender in the Dominican Republic

This article explores the issue of ideologies of family formation and their influence on the concept of family strategies. It assesses the influence of patriarchal ideas using a historical case study of a rural village in the Dominican Republic as point of departure. The principal focus is the importance of patriarchal ideologies for class and gender relations. The article argues that the analysis of family strategies should take into account the context of class relations in the countryside and the influence of hegemonic ideologies on the gender relations within rural families. These factors led to specific strategies of rural families, but at the same time for diverging and often contradictory attitudes between individual family members.     

Comparing Circuits: Are Some U.S. Courts of Appeals More Liberal or Conservative Than Others?

This article investigates possible ideological differences between circuits of the U.S. Courts of Appeals. It looks at the distribution of three‐judge panel ideologies on the circuits and at differences in decisionmaking patterns, testing several theoretical approaches to circuit differences: the attitudinalist approach, arguing that different judicial ideologies account for intercircuit differences; historical‐institutionalist approaches that argue that circuit norms lead to differences in the proportion of conservative decisions and in the effects of judicial ideologies; and the rational‐choice institutionalist argument that overall circuit preferences constrain three‐judge panel decisions through the en banc process. Using a multilevel logit model, the study finds some support for the attitudinalist and historical‐institutionalist accounts of circuit differences. It also finds that intercircuit ideological differences contribute comparatively little to the prediction of appeals court outcomes.     

The dilemmas of legal mobilization: ideologies and strategies of mental patient liberation groups

The decision to participate in the legal process depends in part upon the ideologies of the potential participants. The ideology that has dominated the rights movement during the past two decades is what Stuart Scheingold describes as the myth of rights. But participation in litigation, including rights evolution litigation, has also been colored by other and sometimes conflicting ideologies. Thus the mobilization of legal resources can be seen as the ways participants in litigation cope with multiple ideologies.
This paper looks at the mental patient liberation movement in this way. That movement has been very much affected by a myth of rights ideology, as well as by a liberation ideology that is quite contradictory to the tenets of the myth of rights. The paper documents these ideologies, looks at the way the movement has tried to reconcile them, and shows how this problematic reconciliation affects the nature of mental health rights litigation.     

Reverberate,Resonate, Reproduce: A Reconsideration of Ideological Influence in Crime News Production

For decades, scholars have increasingly been concerned with media representations of crime. Content analyses have chronicled pervasive distortions in media representations of crime. Many have argued these issues are particularly troubling in the news, as it supposedly provides an invaluable democratic service, spurring many theories of crime news production. Classic works often conceptualized crime news as either a product of dominant ideologies and top–down power, or journalistic routines and values, coupled with reflexive agency by journalists. More recently scholars have argued for hybrid perspectives. However, such hybridized approaches often brusquely treat the role of ideology in crime news. This article rethinks the role of ideology in crime news production, particularly the ways in which various ideologies interact and mutually strengthen each other.     

Prescriptions for punishment: Official ideologies and jall overcrowding

This study assesses key actors’ “worlds of fact” regarding jail overcrowding in California through an examination of their perceptions of causes and effects, support for different solutions, and adherence to major punishment ideologies. How policymakers define and structure a specific problem Gail overcrowding), can influence how policy options are differentially weighed as well as how existing policy processes can be improved. A mail survey was sent to two key decision making groups who largely regulate the intake and outflow of local jails: sheriffs and chief probation officers of the 58 California counties. Group differences in responses were predicted from the perspectives of blame avoidance, domain dissensus, and punishment theory. Relationships were examined among perceived causes, effects, solutions, and punishment ideologies. While both sheriffs and probation chiefs advocated highly similar “control-oriented” punishment ideologies, probation chiefs advocated more “progressive” solutions to jail overcrowding. Perceived causes and effects of jail overcrowding, along with support for deterrence ideology, were strongly related to elite support for three potential solutions: building more institutions, passing tougher laws to deter potential offenders, and using shorter sentences for low-risk offenders. Implications of these results for understanding jail overcrowding and policy processes are discussed.     

THEORY AND IDEOLOGY IN MARXIST CRIMINOLOGY

Marxist criminology can be analyzed both as a theory of what is and as an ideology of what ought to be. theory must be examined by logic and empirical evidence. An ideology and its vision of the good society must be examined by comparison with other ideologies and real societies based on competing ideologies. Such comparisons would reveal that societies based on Marxist ideology have been unjust and repressive and do not represent a future for which criminologists should strive as Quinney urges them to do.     

Ideological stratification: American beliefs about economic justice

By integrating systematically the common themes in the stratification and justice literatures, researchers have sought to advance our understanding of the role of ideologies in legitimating inequality. This paper examines how beliefs about meritocracy and opportunity in American society relate to the way people think about reducing income differences between the rich and the poor. Using a national sample of U.S. adults (N=1473), we find that the majority of the respondents believe that America has an open system where achievement is tied to individual abilities and educational opportunities. On the other hand the respondents are split in their views on meritocracy, with 50% believing that an individual's high socioeconomic position is reflective of special abilities. The role of ideologies in influencing beliefs about economic justice is direct in that persons who believe in the tenets of equal opportunity and meritocracy are not in favor of reducing income differences between the rich and the poor. Additionally, stratal differences in beliefs about economic justice are seen, with disadvantaged individuals more likely to question the legitimacy of inequality.     

The Ties That Bind: Multiculturalism and Secularism Reconsidered

The article examines contemporary controversies over the rights of Muslim women to wear various forms of the veil, in both France and the United Kingdom and argues that despite their apparent differences as political ideologies, both multiculturalism and secularism are deployed as techniques to govern difference. It traces a common philosophical lineage of these two ideologies, and their shared genealogical relationship to the subject of Enlightenment and post-Enlightenment thought. Drawing on Marx and Hegel, it argues that at the core of secularism and multiculturalism there lies the germ of a subject and law formed through a concept of culture that was to a great degree indivisible from religion. While secularism ostensibly decouples culture from religion to produce a common political culture, and multiculturalism purports to accommodate a diverse range of cultural and religious practices, both fail to accommodate difference that stretches the bounds of a citizen-subject defined according to Anglo-European norms of culture, which implicitly includes Christianity.     

The Ideologies of Mediation: The Movement's Own Story

This paper has three aims. First, it describes the ideologies of six organizations that have been and continue to be prominent in the alternative dispute resolution (ADR) movement in the United States. These organizations all feature the use of mediation as a central component of their work and as a solution to larger social problems.
Second, it elaborates some points of similarity and difference in these ideologies in light of a debate that emerged in the late 1970's between "community" and "agency" models of mediation, that is, between programs that chose to closely affiliate with the formal justice system and those that chose not to. Several years after the start of this debate, we believe there are important points of convergence and divergence that have not received enough attention by those who advocate for or against alternative dispute processing.
Finally, the authors wish to use the opportunity this study provides to speculate more openly on the contemporary meaning of legal informalism and the ways in which formal and informal legal structures now seem to be linked.     

Intracultural Awareness in Legal Language—Silvio Berlusconi’s Iconography of Law

Against the assumption that legal and normative systems are coextensive with geopolitical units and national spaces, the article advocates for the need to study how different legal and normative semiospheres, within the same geopolitical unit and national space, often give rise to ‘normolects’ that are transversal to socio-economic classes, ethnicities, and cultural lifestyles. The concept of legal and normative ‘imaginaries’ is useful to come to terms with the legal and normative semiotic ideology of such normolects, including their non-verbal dimension and legal-normative semiotic ideologies. More generally, the article prompts legal scholars, and particularly semioticians of law, not to focus exclusively on inter-cultural awareness in legal-normative language but to concentrate also on intra-cultural awareness. As a case study, the article analyses a drawing through which the former Italian Prime Minister Silvio Berlusconi visualized and advertised for a bill of reform of the Italian judicial system by his Minister of Justice, Angelino Alfano. The semiotic analysis of this visual artifact casts new light on the controversial political and judicial figure of Mr Berlusconi. The drawing is read as a visual embodiment of the conflict between two different legal and normative ideologies within the present-day Italian political and judicial arena. The paradoxes that underpin this iconography of law and mar a rational confrontation of legal-normative arguments in contemporary Italy are uncovered.     

Critical Legal Studies versus Critical Legal Theory: A Comment on Method

Over the last decade the Conference on Critical Legal Studies (CCLS) has rekindled an important debate about the study of legal ideologies. The work by scholars within this movement is provocative because it demands that we take seriously the contradictory needs and ideological parameters of liberal legalism. The growing body of work associated with this movement has not, however, included a criticism of the ideological underpinnings of legal methods in general and doctrinal analysis in particular. We begin with the premise that scholarship must include a self-critical method.
In Part I—The Political-Economic Constraints of Liberal Legal Scholarship—we explore why questions of methods, i. e. of how one asks and answers questions, has not been a central issue within CCLS. In Part II—Reformulation of Method—we present a beginning toward a framework for developing a self-critical method for understanding legal ideologies.     

Culture,values, and beliefs about economic justice

We examine the relationship between values and beliefs about economic justice by conducting a cross-cultural analysis. Social values of Americans and West Germans are compared and the relationships between values and beliefs about the fairness of the distribution of business profits are examined. Data are from the 1984 General Social Survey and its West German counterpart, the 1984 ALLBUS; both surveys contain identical value and economic justice items. We find that among citizens in both countries beliefs about the fairness of the distribution of business profits are related to values even when income and education are held constant, but the relationship is stronger in West Germany. For Americans, beliefs about the fairness of the distribution of business profits are related primarily to conservative values (beliefs that greater efforts lead to greater rewards). In addition, the positive influence of conservative values and of income level on fairness judgments is greater for Americans with higher levels of education. For West Germans, beliefs about the fairness of business profits are related both to conservative and to liberal values (beliefs that class divisions persist). In general, economic fairness judgments of West Germans have a strong ideological basis, but polarization associated with differing ideologies is found. Economic fairness judgments of Americans showed both a simpler ideological basis and some relationship to self-interest. The influence of both factors on Americans' fairness judgments seemed to be affected by socialization due to education. Results are discussed in terms of the prevailing economic ideologies in both countries.     

Simply Small Men? Examining Differences Between Females and Males Radicalized in the United States

From Leila Khaled to women who joined the Islamic State, it seems clear that radical ideologies know no gender bounds. Despite this history of women’s involvement in terrorist movements and a growing amount of research on women and political violence, there have been few attempts to contrast radicalized females from their male counterparts, either in terms of broad demographic characteristics or more specifically according to ideological orientation. We remedy this shortcoming in two steps. First, we examine previous work to understand both how females may differ from males in terms of their recruitment and radicalization process but also how these differences may manifest across various ideologies. Second, using the Profiles of Individual Radicalization in the United States database, we compare radicalized U.S. females to radicalized U.S. males both as an aggregate group and across different ideological groupings. This work provides simple but important insights for scholars and policy makers examining the role of gender in radicalization.