Requirement‐Sensitive Legal Moralism: A Critical Assessment

Requirement‐sensitive legal moralism is a species of legal moralism in which the legitimacy of turning moral into legal demands depends on the existence of a legitimate moral requirement, producing a legitimate social requirement, which can then ground a legitimate legal requirement. Crucially, each step is defeasible by contingent or instrumental, but not intrinsic moral factors. There is no genuinely moral sphere (e.g., a private sphere) in which the law is not to interfere; only contingent, non‐moral factors can defeat this. Using William A. Edmundson's Three Anarchical Fallacies as a foil, this idea is spelled out; it is shown why considerations based on the harm principle, consent, and the fact of pluralism do not immediately defeat it, but several problems with Edmundson's account are examined to point out where the idea could be further developed.     

Situated Justice: A Contextual Analysis of Fairness and Inequality in Employment Discrimination Litigation

A substantial body of sociolegal scholarship suggests that the legitimacy of the law crucially depends on the public's perception that legal processes are fair. The bulk of this research relies on an underdeveloped account of the material and institutional contexts of litigants' perceptions of fairness. We introduce an analysis of situated justice to capture a contextualized conception of how litigants narrate fairness in their actual legal encounters. Our analysis draws on 100 in‐depth interviews with defendant's representatives, plaintiffs, and lawyers involved in employment discrimination lawsuits, selected as part of a multimethod study of 1,788 discrimination cases filed in U.S. district courts between 1988 and 2003. This article offers two key empirical findings, the first at the level of individual perceptions and the second at the level of legal institutions. First, we find that neither defendants' representatives nor plaintiffs believe discrimination law is fair. Rather than sharing a complaint, however, each side sees unfairness only in those aspects of the process that work to their disadvantage. Second, we demonstrate that the very notion of fairness can belie structural asymmetries that, overall, profoundly benefit employers in employment discrimination lawsuits. We conclude by discussing how a situated justice analysis calls for a rethinking of empirical research on fairness. Audio recordings of respondents quoted in this article are available online. ¹      

Upstairs and Downstairs in Danish Politics: An Analysis of Political Apathy and Social Structure*

Party membership in Denmark has declined over the past two decades at the same time as different forms of more unconventional political behaviour have become more frequent. This analysis of the various modes of participation suggests that political participation is likely to become more status-based and protest-oriented, and that the system of participation has become more fragmented, especially among the young.     

Orchestrating Anti-Dispossession Politics: Caste and Movement Leadership in Rural West Bengal

ABSTRACT

This article uses the concepts of orchestration and spectacle to analyse the work of leaders of an anti-dispossession movement in rural West Bengal. It examines what being a movement leader entails and argues for the importance of connections and social relations in the production of both movement leadership and movement spectacles. By introducing a Dalit perspective on a movement that was otherwise led by the local middle-caste peasantry, the article shows how local caste and class relations have been important in defining access to positions of movement leadership; in disconnecting specific Dalit interests from the movement’s larger political agenda; and in giving rise to certain forms of internal policing of caste boundaries within the movement. The fact that the ability to cultivate and “connect” to the new political spaces opened by the anti-dispossession movement correlates strongly with historically produced caste and class inequalities calls for greater attention to the internal caste politics of anti-dispossession movements.     

Flexible Adjustment and Political Stability: The Terms of the Debate

Flexibility is a prominent catchword in recent economic and political debate. The need for increased flexibility in various areas of society is generally accepted. The article presents and criticizes the terms of this debate. As part of the general neoliberal trend flexibility is often perceived as a purely desirable quality. Less state, less unions and flexibilization by means of greater reliance upon markets are the policies that are proposed to overcome the crisis of the Western industrialized countries. However, flexible adaptation requires a foundation of stable institutions and behaviour patterns. Japan today represents one successful combination of flexibility and stability. Scandinavia - and other small European countries - have been attributed other successful combinations. Here, political stability seems to arise from a big state and an extended corporatist system and, according to Katzenstein, this does not contradict, but rather reinforces, the capacity for economic flexibility. Recent developmental trends, however, challenge this interpretation. The recent structural changes have been considered part of a general transition from Fordism to post-Fordism. The international race to modernize or to implement post-Fordism might imply a new 'match' of techno-economic structures and sociopolitical institutions - also in the Scandinavian countries.     

To What Extent Do Third Parties Influence Business Compliance?

Regulatory scholars have increasingly observed that it is not only public regulatory agencies and official enforcement action that motivate and enforce businesses' compliance with the law; in many situations, certain third parties may have greater capacity and power to motivate and enforce compliance with the law than do official regulatory agencies. This paper examines the extent to which businesses' worries about, and perceptions of pressure from, various third parties influence their internal compliance management activities and moral commitment in relation to complying with the objectives of competition and consumer protection law. Using data from a survey of 999 large Australian businesses, we find that businesses worry a lot about the reactions of a range of third parties including customers, shareholders, employees, and business partners to non-compliance. We find little evidence that these worries have much impact on what businesses actually do. However, perceptions of risk of complaints do influence what they do.     

Paying Workers or Paying Lawyers: Employee Termination Practices in the United States and Canada

This article explores one multinational corporation's employee termination practices in the United States and Canada. There are fairly insignificant differences in employees' legal protections in the two countries and the company claims a uniform corporate employee termination process cross‐nationally. However, there are major structural and procedural differences in the employee termination process. The differences, including the way attorneys are utilized, the use of quasi‐legal personnel to comply with regulatory requirements, and the substance of the severance package are explored. In the United States money is directed toward legal professionals –"paying lawyers" while in Canada expenses associated with employee termination go to severance packages –"paying workers."     

Perceptions of Public Security in Post-reform Urban China: A Routine Activity Analysis

This paper investigates the personal and environmental determinants of public security perceptions across 32 Chinese cities within the risk/opportunity framework of Cohen and Felson’s (American Sociological Review 44:588–608, 1979) routine activity theory. Structural path analysis reveals that public security perceptions in China are informed by similar personal and environment characteristics to those reported as important in extant research within Western contexts. However, the frequently reported influence of gender on public security perceptions in the West does not appear to extend to post-reform urban China. The results provide support for the routine activity theory in terms of extending our understanding of the factors that influence perceptions of public security to a non-Western context.