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21.
The Legalization of Emotion: Managing Risk by Managing Feelings in Contracts for Surrogate Labor 下载免费PDF全文
Hillary L. Berk 《Law & society review》2015,49(1):143-177
Despite a rich literature in law and society embracing contracts as exchange relations, empirical work has yet to consider their emotional dimensions. I explore the previously unmapped case of surrogacy to address the interface of law and emotions in contracting. Using 115 semistructured interviews and content analyses of 30 surrogacy contracts, I explain why and how lawyers, with the help of matching agencies and counselors, tactically manage a variety of emotions in surrogates and intended parents before, during, and after the baby is born. I establish that a web of “feeling rules” concerning lifestyle, intimate contact, and future relationships are formalized in the contract, coupled with informal strategies like “triage,” to minimize attachment, conflicts, and risk amidst a highly unsettled and contested legal terrain. Feeling rules are shared and embraced by practitioners in an increasingly multijurisdictional field, thereby forging and legitimating new emotion cultures. Surrogacy offers a strategic site in which to investigate the legalization of emotion—a process that may be occurring throughout contemporary society in a variety of exchange relations. 相似文献
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French Duncan A. 《International Environmental Agreements: Politics, Law and Economics》2002,2(2):135-150
The concepts of sustainable development and globalization have developed separately, with little recognition that there is significant overlap between them. This article seeks to argue that there is a need to try to reconcile these concepts and that, in particular, it is a fundamental mistake to consider globalization as inevitable whilst seeing sustainable development as an optional policy choice. In seeking to achieve this reconciliation, the role of the State and international organizations in maintaining public governance is reaffirmed. 相似文献
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David French 《Diplomacy & Statecraft》2003,14(2):271-294
The combat capability of 2nd British Army during the Normandy campaign has been much deprecated. This article tries to shed new light on these criticisms by examining three neglected aspects of the army's preparations for the campaign. It examines how the army was created from formations drawn from both Home Forces and 8th Army; it explores how its formations were trained in Britain before D-Day; it considers how senior commanders were selected to lead the army; and finally it demonstrates how athese issues had a significant influence on the combat capability of British troops in Normandy. 相似文献
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Hillary Potter 《Critical Criminology》2013,21(3):305-318
Intersectional criminology is a theoretical approach that necessitates a critical reflection on the impact of interconnected identities and statuses of individuals and groups in relation to their experiences with crime, the social control of crime, and any crime-related issues. This approach is grounded in intersectionality, a concept developed from the tenets of women of color feminist theory and activism. To demonstrate how intersectionality is useful in criminology, this article reviews a sampling of feminist and critical research conducted on Black girls’ and women’s experiences with crime, victimization, and criminal legal system processes. This research demonstrates the interlaced social impacts of race, gender, femininity/masculinity ideals, sexuality, and socioeconomic class. This article also provides a basis for widely deploying an intersectional approach throughout the field of criminology across all social identities and statuses. 相似文献
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Duncan French 《Journal of International Wildlife Law & Policy》2013,16(3):291-305
Abstract The notion of sustainable development has become, over the last fifteen years, an integral part of international environmental law and policy. It is recognition that environmental issues do not exist in a vacuum, but rather arc part of much wider structural issues involving both economic and social dimensions. However, does this concern for sustainable development now mean that protecting the natural environment is no longer about ecological conservation per se, but rather is simply abour ensuring an adequate environment to maintain economic development? And if so, what of those environments where the economic value is a secondary consideration? Or where human activity has a disproportionate effect? Can sustainable development be interpreted in a way that reconciles these seemingly opposite demands? This paper examines these issues from the perspective of the 1991 Madrid Protocol on Environmental Protection to the 1959 Antarctic Treaty. It will suggest that sustainable development is a broader concept than one that simply requires an instrumental approach to environmental protection. In fact, the paper will conclude that sustainable development is a relatively meaningless notion if it docs not also contain a strong element of environmental conservation, and not only in such ecologically important areas as Antarctica. 相似文献
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Maisha Cooper Shaun L. Gabbidon George E. Higgins Hillary Potter 《Victims & Offenders》2021,16(1):1-19
ABSTRACT The purpose of this study was to determine whether persons of different racial/ethnic backgrounds differ in their perceptions of the role racial discrimination plays in the overrepresentation of Black people in the U.S. prison system. The paper also tested the gradient hypothesis of comparative conflict theory, which predicts Black people perceive the greatest amount of racial discrimination, followed by Latinx and white people, respectively. This study also tested whether perceptions of race relations between Black, Latinx, and white people influenced the role participants thought racial discrimination played in Black people’s overrepresentation. Nationally representative Gallup Poll data were used. Results partially supported the gradient hypothesis. Black people were more likely than Latinx and white people to perceive racial discrimination to explain Black people’s overrepresentation in prison, but Latinxs’ views did not differ from whites’. Participants who perceived poorer relations between Black, Latinx, and white people were more likely to consider racial discrimination to explain Black people’s overrepresentation. Findings suggest Black people and those who perceive poorer race relations are most likely to support criminal justice reform efforts aimed at reducing racial disparities in the criminal justice system. 相似文献