Legal Theory for Legal Empiricists

There is a widespread view that one does either theory or empirical work, and that theory and empiricism represent distant concerns, opposing worldviews, and perhaps distinct mentalities or personalities. This prevalent view has deep roots and is also the result of pragmatic and understandable tendencies toward division of intellectual labor. Against this view, this essay suggests that the relations between theory and empirical study ought to be understood as more intimate and that making legal theory an explicit focus can improve empirical scholarship. We pursue this claim by articulating a basis for legal theory and by showing how that basis illuminates both the application and design of empirical research on law. Legal theory, we argue, follows jurisprudence in interrogating the law as a set of coercive normative institutions. The upshot of this approach is a recognition that an interdisciplinary analysis of law must rely on both a theory (explicit or implicit) of the way law's power and its normativity align and an account of the way in which this discursive cohabitation manifests itself institutionally. We thus argue that legal theory is necessary in order to draw fruitfully on empirical research and further claim that legal theory provides guidance both for setting up an empirical research agenda on law and for designing research into specific topics.     

Prisoners' Wives in Post-Soviet Russia: ‘For my Husband I am Pining!’

The identity of a prisoner's wife is often a shameful societal stigma. Yet Russia's unique history of imprisonment has provided an unusually positive trope for women who have to come to terms with their partners' incarceration: the ‘Decembrist wife’ (dekabristka). This trope originated in the aftermath of the 1825 ‘Decembrist’ uprising—the first anti-monarchist revolt in modern Russian history. A handful of wives of the perpetrators voluntarily joined their husbands in Siberian exile and, in leaving behind families and comforts, created a precedent to be glorified for future generations. Upheld in Russian national mythology as a model of the exemplary wife, the dekabristka identity lives on. This paper examines its enduring power and significance in contemporary Russia.     

Strict Liability and the Paradoxes of Proportionality

This essay explores the case against strict liability offenses as part of the more general debate about proportional punishment. This debate takes on a very different look in light of a formal result derived by the authors elsewhere, that is briefly summarized and whose implications are pursued here. Traditional objections that consequentialists have mounted against the deontologists’/retributivists’ defense of proportionality fall by the wayside, but a new threat to the proportionality requirement replaces it: the ease with which any such requirement can be circumvented.     

Special Issue 2019: European and American Political Parties: Becoming More Similar?

ABSTRACT

For theories to be useful across systems requires a fundamental similarity of the things theorized about. In the 1980s, it was easy to question whether European and American political parties were sufficiently of the same “genus” for a single theory of parties to be relevant in both contexts. This paper asks whether that is still the case, identifying several respects in which European and American parties have become more comparable, but also a dimension on which they have become more different.