From Car Wash to Bolsonaro: Law and Lawyers in Brazil's Illiberal Turn (2014–2018)

Law and lawyers tend to be seen as either preferential victims of or key counterforces to rising illiberalism. Brazil offers a good testbed for these claims. Brazilian democracy has deteriorated considerably, as epitomized by the election of Jair Bolsonaro in 2018. Yet, since 2014, law and lawyers have become ever more central to Brazil's field of state power. As the anti-corruption initiative Car Wash (Lava Jato) gained momentum, Brazilian judges and prosecutors were celebrated, locally and globally, as champions of transparency, accountability, and ‘the rule of law’. Following a closer look at Car Wash, this article questions such idealization of law and lawyers. Drawing on research on press interviews and statements by Car Wash legal officers, I find that, throughout the case, they produced a ‘political grammar’ that is closer to illiberalism than many would predict. Based on recent developments in the sociology of fields, I argue that the production of these grammars yields societal effects that deserve scholarly and civic attention.     

Judicial Waivers of Parental Consent for Abortion: Tennessee's Troubles Putting Policy into Practice*

According to the U.S. Supreme Court, minors seeking abortions are entitled to petition for relief from state‐mandated parental consent. To facilitate the actualization of this right, Tennessee included procedural mechanisms that go beyond those in effect in most states in its parental consent statute. This paper examines whether these additional mechanisms allow Tennessee to succeed where other states have failed. Our findings indicate that these mechanisms mitigate to some extent the sort of implementation failure observed in other states. However, the magnitude of this mitigation is not sufficient to establish that parental consent statutes can be implemented in accordance with Supreme Court requirements.     

THE CORRECTIONAL ORIENTATION OF PRISON WARDENS: IS THE REHABILITATIVE IDEAL SUPPORTED?*

Over the past two decades, the ideology ostensibly governing correctional policy has been transformed, it is claimed, from liberal-rehabilitative to conservative-punitive. Little empirical in formation is available, however, on whether those who manage correctional institutions—prison wardens—manifest a punitive or reformative orientation to their work Data from a national survey indicate that, while placing a prime emphasis on maintaining custody and institutional order, wardens remain supportive of rehabilitation. Levels of support for treatment, moreover, are only modestly influenced by individual, career, organizational, and contextual variables.     

Songs of Young Bareback Riders

BAATAR DORJE, 13, was born of the Ewenki ethnic-ity in the central Hulun Buir grasslands of Inner Mongolia Autonomous Region. True to the Ewenki horse-riding tradition, Dorje has been riding bareback since age five, and helping to break horses since he was eight. Ewenki folk songs that have been sung for generations are an aspect of his daily life.     

DESISTING DISTANCE DECAY: ON THE AGGREGATION OF INDIVIDUAL CRIME TRIPS*

The distance-decay function suggests a spatial pattern of criminal activity whereby most crimes are committed nearer rather than farther from the criminals' own homes. Presumably, the farther away the target, the lower the chances of crimes. The reason usually offered for this general pattern is an individual one: The costs to the criminal in terms of time, energy, and money increases with distance. We contend that it may be misleading to draw inferences about individuals from the aggregated decay function because it conceals individual variations in ranges of operation. This argument is supported by data randomly generated by the computer that show that even when individual criminals increase their crime rate with increasing distance, a distance-decay function still emerges at the aggregate level. This is not to say that an individual-level distance-decay function does not exist, only that it must be demonstrated by data at the individual level because distance-decay effects can characterize aggregate behavior even in the absence of individual distance decay.     

SELF-CONCEPT, NEGATIVE FAMILY AFFECT, AND DELINQUENCY: A Comparison Across Mexican Social Classes

Using a semistructured measure to minimize cross-cultural biases, we examined the relationship between negative self and family-other affect and delinquency among 135 Mexican families of varying social class. The results indicated that: (a) both processed and released delinquent youths and their parents evaluated themselves more negatively than nondelinquent youths and their parents; (b) appraisals in the families of processed and released delinquents did not differ appreciably; (c) migrant families tended to manifest the most negativity and lower-class families the least, with middle-class families in between; and (d) socioeconomic status did not predict the relationship between family hostility and delinquency. The results are seen as providing more support for the family control theory of delinquency than for processing-labeling theory.     

Balancing inside and outside lobbying: The political strategies of lobbyists at global diplomatic conferences

This article seeks to explain the use of inside and outside lobbying by organised interests at global diplomatic conferences. At first sight, the lobbying at these venues is puzzling as it does not seem to be a very fruitful way to acquire influence. The use of outside strategies especially is perplexing because most aspects of international negotiations fall outside of the purview of national constituencies. It is argued in this article, however, that the presence of outside lobbying is not so puzzling if lobbying is seen both as a way to attain influence and as a way to pursue organisational maintenance goals. Empirically, the article draws on interview data with 232 interest group representatives that participated at either the 2012 session of the World Trade Organization (WTO) Ministerial Conference in Geneva, or the 2011 (Durban) and 2012 (Doha) United Nations Climate Conferences. The analysis demonstrates that organisational needs, and especially the competition actors face in obtaining resources, significantly affects the relative focus of organised interests on inside and outside lobbying.     

Dissecting White-Collar Crime: Offense Type and Punitiveness

It is commonly asserted that the public is indifferent toward white-collar crime and hence is reluctant to “get tough” with more “respectable” criminals. However, such a contention fails to consider that there are many varieties of upperworld criminality and that the punitiveness of the public may differ markedly according to the type of offense involved. Based on a 1981 survey conducted in Galesburg, Illinois, we have attempted to investigate whether the criminal sanctions prescribed by citizens will vary when the broad category of white-collar crime is “dissected” into its component types. The data suggest that (1) there is considerable variation in punitiveness by type of offense; (2) while street crimes are generally given the harshest sentences, violent forms of white-collar illegality are accorded severe sanctions that exceed those meted out for some F.B.I, crimes; and (3) there is little support for the notion that the public responds leniently to upperworld crime.