细事细治 ——基层网格化中的科层化精细治理与社会修复

【问题】国家治理体系的落地需要微观治理机制的完善。网格化是近些年发展出的一种重要基层治理机制。然而,谁在治理,怎样治理,治理什么?网格化治理体现了什么样的治理逻辑,又有何种后果?这些问题在文献中并没有系统答案。【方法】本文从治理主体、治理方式、治理内容三个角度,采取内容分析法,对广州市某区2013年1-3月网格化服务管理信息系统登记的2091起事件进行研究。【发现】首先,科层化精细治理:网格化服务管理通过设置网格和购买网格员服务的方式,使得国家科层制组织体系延伸到比社区还要微观的基层社会领域,直接处理日常社会中的“细事”。其次,社会修复效应:网格化服务管理是在社会的日常自我修复能力不足的情况下,国家改革基层以“官进民退”促进基层社会修复的一项制度安排。因此,抑制国家权力过度介入基层日常社会事务需要社会自身提升“日常社会修复”能力。【贡献】本文尝试立足基层治理内容探究国家治理与社会发展的逻辑,以“治理什么”视角拓展国家治理研究视域,以“社会修复”范畴丰富“社会秩序何以可能”问题的研究范式。     

Legal Mobilization within the Bureaucracy: Disability Rights and the Implementation of Antidiscrimination Law in Sweden

This article argues that the analysis of legal mobilization needs to give more attention to the state and its relationship with social movements in order to examine how the state either sustains social movements’ demands or is a field of contention for those demands. Focusing on how disability bureaucrats and activists mobilize antidiscrimination law in Sweden, this article shows that two main factors shape legal mobilization within the bureaucracy and alter the state's ability to become a legal mobilization actor: (1) the institutional relationships between social movement organizations and government agencies and (2) the profiles and careers of bureaucrats and activists. It concludes by suggesting several lines for further research on law and social movements in nonpluralist countries.     

The Price of Civil Rights: Black Lives,White Funding,and Movement Capture

What influence do funders have on the development of civil rights legal mobilization? Fundraising is critical to the creation, operation, and survival of rights organizations. Yet, despite the importance of funding, there is little systematic attention in the law and social movements and cause lawyering literatures on the relationship between funders and grantees. This article recovers a forgotten history of the National Association for the Advancement of Colored People's (NAACP) campaign to protect black lives from lynchings and mob violence in the early twentieth century. I argue that funders engaged in a process of movement capture whereby they used their financial leverage to redirect the NAACP's agenda away from the issue of racial violence to a focus on education at a critical juncture in the civil rights movement. The findings in this article suggest that activists tread carefully as the interaction between funders and social movement organizations often creates gaps between what activists want and what funders think movements should do.     

Don’t Occupy This Movement: Thinking Law in Social Movements

Reflecting on the Occupy movement, particularly Occupy Wall Street, this article begins by addressing two major questions: how are social movements understood by legal academics; and how do social movements engage with law? Our aim is to present an alternative frame to understanding law and social movements. We draw on the work of Jean-Luc Nancy to explore law as both present and constituted in the coming together of persons in common which occurs in social movements. While the Occupy movement does engage with a form of law that is legislated and enacted through the government and legal system of a nation-state, the movement also forms and enacts law as part of its own processes. In this article we shift perspectives and attempt to think law within social movements. This involves a critical reading of some dominant approaches that explore social movements and law. Rather than situate our discussion within boundaries that seek to identify what is inside or outside a law and legal system that is determined and enforced by a nation-state (government and judicial system), our discussion of law involves a re-thinking of law. This law is part of a constant negotiation and it is involved in the dynamic processes of movements. Law involves establishing a limit and tracing this limit, but this limit is un-working itself as soon as it is constituted. The Occupy movements live law by existing not outside the law, but by rethinking the role and function of law in the movement and processes of community.     

Cause Lawyering and Movement Tactics: Disability Rights Movements in South Korea and Japan

We investigate cause lawyers’ roles in movements for the domestic adoption of international human rights norms. Social movements scholarship often assumes that lawyers will divert activism toward institutional tactics, while the sociolegal studies literature emphasizes that lawyers are active in diverse ways across venues. A paired comparison of antidiscrimination movements in South Korea and Japan reveals how critical junctures in regime history shape the tactical repertoires that cause lawyers bring to their interactions with movement actors, and thus also movement tactics. This research advances scholarship on professionals in social movements, cause lawyers as norm entrepreneurs, and legal mobilization in East Asia.     

The legal status of clinical and ethics policies, codes, and guidelines in medical practice and research

This article examines the legal status of "soft law" in the fields of medicine and medical research. Many areas of clinical practice and research involve complex and rapidly changing issues for which the law provides no guidance. Instead, guidance for physicians and researchers comes from what has often been called "soft law"--non-legislative, non-regulatory sources, such as ethics policy statements, codes, and guidelines from professional or quasi-governmental bodies. This article traces the evolution of these "soft law" instruments: how they are created, how they are adopted within the professional community, and how they become accepted by the courts. It studies the relationship between soft law instruments and the courts. It includes an examination of the approaches to judicial analysis used by the courts in theory and in practice. The authors then examine the jurisprudence to see how courts will adopt professional norms as the legal standard of care in some circumstances and not others. They consider the legal concerns and ethical issues surrounding the weight attached to professional practices and norms in law. The authors demonstrate how practices and policies that guide professional conduct may ultimately bear weight as norms recognizable and enforceable within the legal sphere.     

Lawyers on the move: the consequences of mobility for legal careers

While the legal profession was traditionally conceived of as geographically bounded, recent decades have witnessed a surge in the movement of lawyers across geographic boundaries. This mobility has transformed the paths through which legal careers are built and sustained. Relying on Bourdieu's concept of capital, this paper focuses on the effects of geographic mobility within the legal profession in order to explore how moving can alter the forms and value of capital—human, social, or symbolic—necessary for professional advancement. Drawing on two unique datasets, we find that geographic mobility can be a source for the emergence of new inequalities within the profession, so that lawyers moving from one jurisdiction to another do not receive full value for their credentials. We also find that geographic mobility can exacerbate existing inequalities in the profession, and finally, our analyses suggest that understanding the effects of capital assets equally requires attention to the functional form of capital within professional fields.     

Heterogeneous effects of adolescent violent victimization on problematic outcomes in early adulthood*

Violent victimization—particularly when it happens to young people—can inflict a wide array of negative consequences across the life course. Nevertheless, some victims are more likely to suffer these consequences than others, and we do not have a very good understanding of why that is. One promising avenue of research is to examine how individuals’ differential risks of being victimized affect the extent to which they experience negative outcomes. By using propensity score matching and data from the National Longitudinal Study of Adolescent to Adult Health (N = 8,323), in this study I estimate the heterogeneous effects of adolescent violent victimization on several problematic outcomes in early adulthood (violent and property offending, subsequent violent victimization, depressive symptoms, hard drug use, and low educational attainment). Individuals’ differential risks of adolescent violent victimization are estimated with a host of personal, social, and contextual factors, including prior experiences with crime and violence. The results show that the consequences of adolescent victimization in early adulthood are more pronounced for youth with the lowest risks of being victimized. These findings have important implications for theory, research, and practice, and they emphasize that the consequences of victimization cannot be understood separately from the sources of victimization.     

Legal Design for Practice,Activism, Policy,and Research

This article offers an original integrated introduction to how to think about what design can do for law; where to find examples of legal design; and how to assess it. It identifies clear points of contact between lawyerly concerns and designerly skills, knowledge, and attitudes. It proposes that designerly ways can directly improve lawyerly communication; and that they can also generate new structured‐yet‐free spaces in which lawyers can be at once practical, critical, and imaginative. The article foregrounds the, hitherto unrecognized, diversity of existing legal design practice by drawing examples from across four fields of lawyering: legal practice, legal activism, policy making, and legal research. Emphasis is placed throughout on the need for a critical approach to legal design – that is, for legal design to be thought about and done with a commitment to avoiding, exposing, and remedying biases and inequalities.     

Street-Level Bureaucracy, Interprofessional Relations, and Coping Mechanisms: A Study of Criminal Justice Social Workers in the Sentencing Process

This article builds on the work of Michael Lipsky and develops an argument about the significance of interprofessional working for street-level bureaucracy. It presents an ethnographic analysis of criminal justice social workers writing presentence reports for the Scottish courts. Social workers' report writing for judges brought into relief issues of relative professional status. Social workers were uncertain of their place within the legal domain and concerned about their credibility as criminal justice professionals. Reports were written, in part at least, as a way of seeking esteem and credibility in the eyes of judges—a motivation that undermined the policy objectives of social enquiry in sentencing. Applying the conceptual tools of Bourdieu to our findings, we argue that street-level bureaucrats who have to work across bureaucratic "fields" may find, or fear, that the cultural and symbolic "capital" they retained within their own field is undervalued in the symbolic economy of new fields, putting them in a position of relative inferiority. This issue of relative professional status, and how officials respond to it, is significant for our understanding of street-level bureaucracy.     

Justice and Feelings: Toward a New Era in Justice Research

In this special issue, the relationship between feelings and justice and its consequences are highlighted. Five articles discuss the role that affect, feelings, and emotions play in justice processes across a variety of social settings. In the present introductory article, the position of past and present justice research in relationship to these topics is briefly reviewed. In addition, reasons are outlined to show why a focus on these issues may be pivotal for a better understanding of social justice and how this may pave the way for a new, more process-oriented era in social justice research, focusing more on “hot” cognitive aspects as they pertain to social justice concerns.     

“Experts by Experience”: The Involvement of Service Users and Families in Designing and Implementing Innovations in Family Justice

Drawing on international research, policy, and practice, this article explores what is meant by service user involvement, how it has developed, and how it has been implemented across different areas of practice. Using examples from across the health and social care fields, it reflects on how the learning from other areas of practice in which service user involvement has been successful may be applied to the family justice field. The arguments presented highlight the value of taking a bottom‐up approach in designing and implementing innovations in family justice, which would embrace the views of family members, including children, as ‘service users.’ It is important, however, to balance both the challenges and the opportunities offered by involving those who are ‘experts by experience’ in the family justice processes, in order to lead to improved services and experiences.     

Domestic Violence, Character, And Social Change In The Welfare Reform Debate

This article addresses the recently discovered connection between domestic violence and welfare dependency." Empirical research among welfare populations shows that over 50% of women receiving welfare are or have recently been battered, and that partner abuse is a major reason for the continuing poverty of many women.
The question the author asks and begins to answer is why this connection has not previously been identified or publicized by either the battered women's movement or the anti‐poverty movement, and what the challenge may be to both movements as they attempt to address it in the context of welfare reform. The author argues that the connection has not been previously addressed because of the somewhat conflicting ideologies underlying both movements. The battered women's movement is defined in part by its strong moral denunciation of male abusers and assertion of the victimization of women by men. The anti‐poverty movement is reluctant to demonize half of the poor population, particularly in light of the conservative welfare reformers' emphasis on "character" as the main cause of poverty. The article argues that we must – and can – find a way to synthesize the feminist emphasis on interpersonal justice and morality with the anti‐poverty movement's recognition of the larger social causes of poverty. The perspectives of both movements must be enlarged to recognize the multiple layers of victimization which poor women and men endure; and both movements will be revitalized by this cross‐fertilization.     

Power, crime and criminology in the new imperial age

As a consequence of the U.S. pursuit of neo-liberal global hegemony in the post-Soviet era, the language of empire has returned to political discourse and social analysis after an eighty-year absence. Although the pursuit of empire and the exertion of imperial control is deeply and demonstrably injurious to the nations and people subjected to this control, orthodox criminology has given relatively little attention to this emerging world of transnational social injury, choosing instead to continue its traditional focus on private crimes of greed, lust and rage. In this essay I detail how legal formalism, methodological individualism, ameliorative motives, mass-communications and the reward structure of orthodox criminology combine to form a meta-theoretical framework that has kept the criminological gaze averted from injurious actions of transnational structures of power. I then offer an alternative framework for a criminology of empire and other power crimes focused on how intersections among economic, political and cultural processes generate social injuries that are analogous to crimes in their nature and consequences, and that, as a result should become as significant a focus of criminological inquiry as the street crimes that now dominate criminological research and writing. What do we do with our knowledge about the suffering of others, and what does this knowledge do to us? -Stanley Cohen      

The Reconstitution of Law in Local Settings: Agency Discretion, Ambiguity, and a Surplus of Law in the Policing of Hate Crime

An important yet poorly understood function of law enforcement organizations is the role they play in distilling and transmitting the meaning of legal rules to frontline law enforcement officers and their local communities. In this study, we examine how police and sheriff's agencies in California collectively make sense of state hate crime laws. To do so, we gathered formal policy documents called “hate crime general orders” from all 397 police and sheriff's departments in the state and conducted interviews with law enforcement officials to determine the aggregate patterns of local agencies' responses to higher law. We also construct a “genealogy of law” to locate the sources of the definitions of hate crime used in agency policies. Despite a common set of state criminal laws, we find significant variation in how hate crime is defined in these documents, which we attribute to the discretion local law enforcement agencies possess, the ambiguity of law, and the surplus of legal definitions of hate crime available in the larger environment to which law enforcement must respond. Some law enforcement agencies take their cue from other agencies, some follow statewide guidelines, and others are oriented toward gaining legitimacy from national professional bodies or groups within their own community. The social mechanisms that produce the observed clustering patterns in terms of approach to hate crime law are mimetic (copying another department), normative (driven by professional standards about training and community social movement pressure), and actuarial (affected by the demands of the crime data collection system). Together these findings paint a picture of policing organizations as mediators between law‐on‐the‐books and law‐in‐action that are embedded in interorganizational networks with other departments, state and federal agencies, professional bodies, national social movement organizations, and local community groups. The implications of an interorganizational field perspective on law enforcement and implementation are discussed in relation to existing sociolegal research on policing, regulation, and recent neo‐institutional scholarship on law.     

Employment Discrimination Law and Industrial Psychology: Social Science as Social Authority and the Co‐Production of Law and Science

This article combines Monahan and Walker's classification of social facts, social authority, and social frameworks with political‐institutionalism's view of law and science as competing institutional logics to explain how, and with what consequences, employment discrimination law and industrial‐organizational (I‐O) psychology became co‐produced. When social science is incorporated into enforcement of legislative law as social authority—rationale for judicial rule making—law's institutional logic of relying on precedent and reasoning by analogy ensures that social science will have ongoing influence on law's development. By helping set research agendas and providing new professional opportunities, institutionalized legal doctrine shapes social science knowledge. But because of differences in institutional logic, wherein legal cumulation is backward looking whereas scientific cumulation is forward looking, co‐production of law and science may produce institutional mismatch between legal doctrine and scientific knowledge.     

School Shootings and Security Lock-downs: Myths,Positive School Climates,and Safer Campuses

School shooting tragedies and the juvenile justice system’s movement toward a retributive and punitive framework gravely impacted how primary and secondary school students, disproportionately urban districts, used security measures to lock down campuses and build “fortress-like” schools. This iteration of control on school campuses emerged in tandem with the most recent generation’s zero tolerance approach to student violence and problems; a policy widely regarded as ineffective in urban, suburban, and rural districts. As school shootings continue to impact state legislative action and public reactions to school management, this paper takes a critical approach to school security policies and reviews the evidence on the risk for school violence and how to move away from student control approaches that do not improve school safety. Instead, the incorporation of prosocial education and school engagement efforts finds that school and student safety is improved. These, and related approaches to student body management, decreases campus violence and may also minimize the risk of some school shootings - as rare as these tragic incidents are across the nation’s schools. The interplay of schools, students, and the juvenile and family courts is ongoing. Knowing how school districts can best approach their campus environments, safety, and learning is important for school social workers and court personnel because of how often these systems work, or do not work, together.     

City police and drunk driving: Baseline data

Public attitudes, social movement organizations, and criminal justice laws regarding drunk driving have undergone significant changes in recent years. These changes raise important questions about police, who act as gatekeepers for the rest of the criminal justice system. Very little, however, is known about what police did in the years when drunk driving was viewed as a less serious social problem or about what police do now. I attempt to answer the first of these questions using data collected in the early 1970s, an important, largely unexamined period in the history of city police and drunk driving. The data provide a baseline for contemporary research. City police did not give contacts with drunk drivers a high priority, preferred to avoid these encounters, and made arrests on the basis of both legal and extralegal factors; extralegal factors were more important than legal factors. I examine the implications of the baseline data for contemporary policing.     

Bankruptcy: Past Puzzles, Recent Reforms, and the Mortgage Crisis

This paper discusses four bankruptcy-related policy issues.First, what is the economic rationale for having a bankruptcyprocedure at all and what defines an economically efficientbankruptcy procedure? Second, why did the number of U.S. bankruptcyfilings increase so dramatically between 1980 and 2005? Third,a major bankruptcy reform went into effect in the United Statesin 2005—what did it do and how did it affect credit andmortgage markets? Finally, the paper discusses the mortgagecrisis, the high social cost of foreclosures, and the difficultyof avoiding foreclosure by voluntarily renegotiation of mortgagecontracts, even when such renegotiations are in the joint interestof debtors and creditors. I also discuss the pros and cons ofgovernment programs to refinance mortgages and the argumentfor giving bankruptcy judges new power to change the terms ofresidential mortgage contracts in bankruptcy.     

Academic outcomes among principal investigators,co-principal investigators,and non-PI researchers

Faculty at research universities are evaluated on a number of productivity measures including their ability to conduct research, teach, and engage in service. Research outcomes include publishing research results and acquiring grants and contracts to conduct additional research. While it is assumed that researchers who are awarded grants are more likely to publish research results, there is little research investigating the ways in which grants affect outcomes or how principal investigators differ from researchers who do not hold research grants or those who are co-principal investigators. This research seeks to understand if principal investigators are more or less productive than co-principal investigators and those who do not have grants, and if so, what explains that variation in productivity. It also examines whether women PIs are more or less productive than men PIs. This research uses longitudinal data drawn from an NSF funded survey of academic scientists in Carnegie-designated Research I universities in six fields: biology, chemistry, computer science, earth and atmospheric sciences, electrical engineering, and physics. From this national random sample of men and women scientists and engineers we investigate whether there is variation in the production of outcomes (e.g. publications, teaching, and training graduate students) among PIs, co-PIs, and other researchers. Findings show that productivity and outcomes vary significantly for PIs, co-PIs and by sex.