外刊吃瓜 | 國外法律社會(huì)學(xué)在研究什么？

外刊吃瓜

The Journal of Chinese Sociology

·社會(huì)學(xué)· 國際頂刊·

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本期內(nèi)容

Annual Review of Law and Social Science

本期推介‥︽法律與社會(huì)科學(xué)年鑒︾

AIMS AND SCOPE OF JOURNAL

Annual Review of Law and Social Science strives to enhance the understanding of the complex connections between law, culture, social structure, and society by focusing on social scientific studies of law and law-like systems of rules, institutions, processes, and behaviors.

JOURNAL METRICS

Annual Review of Law and Social Science 在法律類別排名第18、社會(huì)學(xué)類別排名第22，即時(shí)影響因子為3，5年影響因子為4.2，在法律和社會(huì)學(xué)領(lǐng)域具有一定學(xué)術(shù)地位且影響力具有持續(xù)性。

CURRENT ISSUE

ARLSS 為年刊，最新一期（ARLSS Volume 21, 2025）共有26篇文章，詳情如下。

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原版目錄

Annual Review of Law and Social Science

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原文摘要

Annual Review of Law and Social Science

On Pierre Bourdieu's Legal Thought: Toward a Classic of Socio-Legal Studies

Andrea Kretschmann

Although Pierre Bourdieu is one of the most important and influential sociologists of the twentieth century, his socio-legal thinking has become more widely recognized only recently. This is largely because Bourdieu never presented his own sociology of law; rather, he generated his socio-legal insights in passing while he focused on phenomena other than law. Nevertheless, he contributed extremely important ideas about law in modern societies. This article considers Bourdieu's legal thinking on socio-legal studies and discusses the hitherto untapped potential of his conceptions of law.

Societal Constitutionalism, Reviewed and Re-Viewed

Nofar Sheffi

This article reviews and re-views societal constitutionalism, reflecting on its foundations, place, state, and horizons. It begins with a concise presentation of Niklas Luhmann's social systems theory before charting the emergence and evolution of Gunther Teubner's systems-theoretical approach to law. The article explains what attracted systems-theoretical scholars of law to constitutionalism and what concerns have motivated the elaboration of the systems-theoretical approach to societal constitutionalism. The article then introduces societal constitutionalism, distinguishing it from more familiar dominant approaches to constitutionalism and from other strategies for grappling with the constitutional implications of globalization. It nevertheless observes that many works that engage with societal constitutionalism do not deploy it as an alternative approach. Rather, these works draw on some of the insights of societal constitutionalism and on its external critiques of the dominant approaches to adapt the dominant approaches. The article concludes by welcoming this way of using societal constitutionalism and inviting societal constitutionalism to engage with other approaches in the same manner.

Legalization, Judicialization, Lawfare: On the Light Side and the Dark Side of the Turn to Law

Daniel M. Brinks and Guillermo Pérez

The turn to law in recent decades has generated multiple debates about its potential consequences. Some authors have emphasized its positive effects—the “l(fā)ight side”—whereas others have highlighted its negative effects—the “dark side.” In many cases, the decision to classify phenomena related to the turn to law on one side or the other has been driven more by the purely normative criteria of the authors than by systematic empirical distinctions. We suggest that terms such as legalization, judicialization, and lawfare, when stripped of their normative charge, can help clarify a discussion fraught with concepts created to describe what we disfavor. Furthermore, we argue that whether a phenomenon related to the turn to law falls on the light or dark side depends on contingent factors, so that we cannot say a priori whether embracing legal strategies will carry negative consequences. We illustrate the argument with discussions on fundamental rights, democratic regimes, and public policy.

Crypto Fever: Law, Regulation, and the Promise of Trustless Trust

Susan P. Shapiro

Cryptocurrency proclaims itself trustless—jettisoning the intermediaries, organizations, and legal authorities (what its creator called trust) upon which the traditional financial system relies. Instead, it offers “trustless trust,” distributing self-regulatory responsibility to software run by decentralized masses of volunteers and deploying a buzzword that denotes safety and privacy of transactions untethered to law, the state, or corporate intermediaries. But decentralization and distributed responsibility have proven difficult to sustain. At every turn, entrepreneurs and users of digital currencies have embraced centralization and new organizational forms, many able to dodge both crypto self-regulation and conventional financial regulation entirely, while enjoying the benefits of their purported trustworthiness. This faux decentralization leaves crypto platforms vulnerable to wrongdoing, but also to the legal and regulatory interventions that mitigate risk in traditional financial instruments. Moreover, crypto technology provides a unique window into misconduct and new opportunities to forestall or regulate it, measures unavailable to conventional currencies.

Regulating Content Moderation for Democracy: A Transatlantic Divide

Niva Elkin-Koren

This article explores the emerging transatlantic divide in the regulation of content moderation through the lens of liberal democracy. The US approach, shaped in the 1990s amid optimism about the internet's democratic potential, embraced a hands-off model that became a global standard. Despite mounting pressure for platform accountability, the US has largely maintained its original framework. In contrast, the European Union has adopted a more interventionist strategy, significantly expanding platform obligation under the Digital Services Act. These divergent paths reflect deeper constitutional and normative differences, particularly regarding freedom of expression, the limits of state authority, and the role of private platforms in democratic discourse. The article examines whether the European Union's distributed resilience framework offers a viable model for democratic oversight in a rapidly evolving digital public sphere.

Law and Agroecology

Matthew C. Canfield

Agroecology is emerging as a transformative alternative to industrial food systems, combining research and practice to strengthen agroecosystem resilience and support the well-being of small-scale food producers. Using a systems-based approach, it integrates the ecological, economic, and social dimensions of food systems. Advocacy by researchers and social movements has brought agroecology to the mainstream agenda, prompting scholars to explore the regulatory reforms necessary to enable it. However, agroecology requires more than new legal frameworks. Existing laws and regulatory approaches often conflict with agroecology's holistic, transdisciplinary principles. This review outlines an emerging agroecological approach to law, focusing on property regimes and the interplay between institutionalization and bottom-up governance. It describes how socio-legal analysis can help address the structural and scalar challenges of aligning legal systems with agroecology, while also illustrating how integrating agroecology's transdisciplinary framework into socio-legal analysis can serve to reconceptualize the relationship between legal and ecological systems.

Gender and Constitutionalism: A Multifunctional Perspective

Ruth Rubio-Marín

Constitutions perform multiple functions. One of the least explored functions is their gender ordering function, consisting in establishing the basis for the definition and organization of the relationship between genders as part of the structure of the social and political system they help configure. This order becomes fully visible only when we accord due relevance to the way constitutions (explicitly or implicitly) shape the organization of sexual and reproductive labor. Characterizing it also requires assessing all the other functions that constitutions perform, as they contribute to the configuration of a gendered public sphere. With a look to the various constitutional functions that are briefly described at the outset, the article describes the progressive subversion of an original exclusionary gender order and the potential and conditions for advancing toward a gender order in which women and gender-nonconforming citizens can finally enjoy equal individual autonomy and join collective self-governance in equal terms.

Nationalist Revivals and Reproductive Rights in Post-Transitional Societies

Marta Bucholc

This article reviews the literature on the intersection of democratic transitions, nationalist revivals, and reproductive rights in three post-transitional regions: East-Central Europe, sub-Saharan Africa, and Latin America. After discussing studies on global contestations of human rights, the article identifies four thematic clusters in the literature: the double bind of gender and democracy, the projection of internal tensions within the human rights framework onto transitional societies, the rise of new biopolitical regimes, and the phenomenon of human rights capture and hijacking. These themes provide a structured framework for understanding how the renewed prominence of nationhood in post-transitional contexts has shaped the contested realization and protection of reproductive rights, drawing significant political and scholarly attention. The conclusion examines the internal dynamics of the threefold concept of justice, exploring how reproductive, transitional, and historical justice contribute to the contestations of human rights in post-transitional nationalist revivals.

Legal Pluralism and the Challenges of Building the Rule of Law: The Evolution of Access to Justice in Francophone West Africa

Habibou Fofana

In recent years, access to justice, a central subject of research in the field of West African law and justice, has been at the heart of various organizations’ intervention programs. Although the issue is not new, it has taken on different forms over time. The current variation of this debate appears to focus largely on the so-called customary laws and legal mechanisms in place in West African cultures. In some instances, they are perceived as an obstacle, competing with modern and legal institutions; in other instances, they are considered an asset in that they can relieve the judicial system of disputes that it does not know how to or cannot resolve. This article presents a critical review of the literature on this issue.

The Fiscal Politics of Settler Colonialism

Kyle Willmott

This review concentrates on the fiscal practices of settler colonial states and societies such as Canada and the United States. Synthesizing critical interdisciplinary literature, I characterize how the fiscal forwards settler political goals of civilization, dispossession, and possession of Indigenous people, nations, and territory. Emphasizing the sociality and material power effects of fiscal colonialism demonstrates how practices like taxation have been administered historically and contemporarily around imperatives of settler authorities and against Indigenous nationhood. Organized around the knowledge politics of fiscal colonialism, the review foregrounds how fiscal discourses, techniques, and knowledge forms are integral to understanding settler colonial legal and political framing of Indigenous peoples. In doing so, this literature analyzes how public finance is structured and constituted by racist economic hierarchies, political ideologies, and property regimes that inscribe anti-Indigenous imperatives into law, state repertoires, and social practices.

Transformative Constitutionalism and Land Rights: South Africa and Brazil

Jackie Dugard, Lara C?rtes and Ana de Mello C?rtes

Brazil and South Africa have historical legacies and ongoing realities of intense racialized inequality and land injustice related to colonial dispossession and neoliberal private property capture. Against the backdrop of colonial and authoritarian rule, over the past 40 years both countries have pursued wide-ranging constitutional reform aimed at moving sociopolitical and material conditions in a more accountable, egalitarian direction. In both countries, the new constitutions have entrenched an expanded oversight role for the judiciary, including over land rights. We do not suggest that courts are the only or even the main agents of change; however, we do claim that in such countries judges (as constitutionally empowered actors) have the potential to advance change. As scholars interested in the role of courts in post-authoritarian constitutional orders in advancing access to land, in this review we examine the nexus of sociolegal scholarship on land rights adjudication in Brazil and South Africa with that on transformative constitutionalism (TC), as arguably the most prominent lens through which post-authoritarian constitutions are analyzed in sociolegal studies. Finding that the sociolegal literature on collective land rights cases does not directly use TC framing, we outline why and how we think using a TC lens could be a useful way to analyze land-related rulings in countries with post-authoritarian (transformative) constitutions.

Historical Foundations and Limitations of International Refugee Law

Pamela Ballinger

This article situates the foundational legal definition of the refugee articulated in the 1951 Geneva Convention on Refugees and its subsequent 1967 Protocol in historical processes of empire, decolonization, war, and humanitarian mobilization. It critiques international refugee law from the inside out, that is, by taking as axiomatic its European normative origins while simultaneously recognizing the global and polycentric dimensions of the refugee crisis by the early twentieth century. In particular, it draws upon the work of an emerging scholarship on refugee history that reveals the frequently ad hoc, improvisational nature of international refugee law in its formative development, which has made for persistent limitations. Key limitations include the privileging of political, rather than environmental or economic, motivations for migration.

Pushbacks as Technology of Domination: Considering the European Deportation Regime

Marie-Laure Basilien-Gainche

Nourished by the philosophy of Michel Foucault, this article considers pushbacks as a technology of domination that contributes to the European deportation regime. As endemic violations of migrants’ human rights are documented at EU borders, notably with summary returns of undesirable third-country nationals, the article interrogates the way the European Union and its member states order their migration management and border control policies, examining the dynamics and logic of this mechanism of power. The production of pushbacks at the EU borders is considered: Because they appear to be systemic, they can be understood as endorsing a structural dimension. Their implication is also explored: The infringements of migrants’ fundamental rights can be seized as a vector of desubjectivation of the individuals they subjugate.

Life-Making Under Humanitarian Law

Ilana Feldman and Sarah L. Richardson

This review explores both the profound limits and the far-reaching effects of humanitarian law, including both international humanitarian law and refugee law. Life-making under humanitarian law—meaning both how this law apprehends, disregards, and directs life and how people navigate in, negotiate, and engage this law—happens in conditions of regulated, directed violence. The paths along which humanitarian law directs violence are shaped by colonial orders and racialized hierarchies and elaborated through temporal and classificatory schemas concerned with distinguishing among forms of life and managing threats. The delineation and proliferation of ever-shifting status categories (such as civilian, combatant, and refugee) are at once the product of and grounds for operational decisions in humanitarian law. Tracing the frameworks for decision-making in this law, we highlight the centrality of indeterminacy, erasability, and conjecture in a legal order and practice that frequently increases vulnerability, even as it is meant to offer protection.

Law, Empires, Legal Professions, and Status Hierarchies: Comparative Perspectives

Ronit Dinovitzer and Bryant G. Garth

This article examines the local and global processes that produce and shape the legal profession and its relevant national hierarchies, emphasizing the role of law schools, practice settings, career pathways, legacies of imperialism, colonialism, and external forces such as globalization. Focusing on Canada, India, South Korea, and Brazil, the article explores how global forces like Americanization and neoliberalism intersect with national histories and legal traditions. It traces the rise of corporate law firms, their influence on legal education, and the persistent disparities between elite and nonelite institutions. Case studies reveal the complex interconnections between traditional family-based hierarchies, meritocratic credentials, and evolving professional norms. Despite pressures for reform, entrenched structures often absorb changes, reinforcing local and global status hierarchies. This work underscores the enduring tension between merit and inherited privilege in the legal field, the power of interconnected histories, and their implications for the role and status of legal professions.

The Adversarial Bias

Dan Simon

Adversarial legal procedure is one of the defining features of the American legal system. Adversarialism has long been criticized for breeding a combative style of lawyering that precipitates a host of injurious effects that outweigh its virtues. Seeking to explore the psychological foundations of this combat model, this article suggests that playing an adversarial role skews legal actors’ views of their case toward greater congruence with that role. This expansive bias encompasses distortions of interpretations of evidence, beliefs, and judgments, and it results in corresponding motivations, emotions, and more. The article discusses three facets of the legal process that illustrate the harms wrought by the combat model and its underlying adversarial bias. The persistence of the combat model is a testament to adversarialism's iron grip on the American legal imagination.

Empiricism and Constitutional Torts

Joanna C. Schwartz, Alexander Reinert and James E. Pfander

The Supreme Court has deliberately framed the law of constitutional torts as a balance between assuring redress for victims, deterring misconduct, and maintaining effective government services. Yet as the Supreme Court has shaped the contours of litigation against state and local actors (under 42 USC § 1983) and federal actors (under the Bivens doctrine), it has studiously ignored a growing body of empirical scholarship examining the ways law interacts with the behavior of police officers and other government actors. This review documents the Supreme Court's reliance on what could be charitably described as judicial intuition and its indifference to empirical evidence about such central questions as the volume and success of constitutional tort claims, the efficacy of qualified immunity, and the way the rules of tort liability shape the conduct of government officials.

Suckers in Law

Tess Wilkinson-Ryan

The fear of being suckered is such a strong social and psychological phenomenon that political movements, and bodies of law, have been built around it. This review offers a framework for understanding how the psychology of feeling suckered affects legal decision-making. Feeling exploited or scammed is a core and widely shared aversion, and yet also a malleable construct, subject to framing effects and triggered (or untriggered) by subtle situational cues. The stakes for the sucker inference are high; people worried about being cheated predictably react by refusing to cooperate in prosocial activities, and by retaliating. The flight-or-fight response has deep implications for legal decision-making, undermining investment in cooperative enterprises, dispute settlement, and efficient social policy. Finally, the review considers the unique ambivalence toward suckers themselves—the competing feelings of sympathy and scorn—and how that ambivalence plays into underreporting of legal harms, misattributions of consent, and victim blaming. I conclude by suggesting that the ambivalence offers opportunities for productive legal interventions to reward trust.

The Impact of Tort Reform in the United States

Anne Bloom

The tort reform movement in the United States has had significant effects on the civil justice system and public perceptions of the law. This article explores the movement's history, its direct impacts on legal doctrine and judicial practices, and its indirect consequences for legal consciousness and perceptions of the courts. Tort reformers strategically propagated misleading narratives that emphasized a litigation crisis and decried the competence of juries, influencing public opinion and shaping legislative and judicial reforms that restricted access to justice. Despite significant empirical evidence debunking many of the tort reformers’ claims, these narratives continue to resonate. This article advocates for renewed scholarly attention to these effects and to other, potentially more far-reaching, impacts of tort reform, such as the movement's impacts on the rights of politically and legally vulnerable groups, public confidence in the civil justice system, and views of legal institutions and actors more broadly.

Embattled Past, Uncertain Future: Law, Science, and Policymaking at the US Food and Drug Administration

Simon F. Haeder and Susan Webb Yackee

The US Food and Drug Administration (FDA) is one of the largest and most important regulators of public health worldwide. Throughout its history, it has sought to build a reputation of decision-making based on science and evidence. However, shrinking trust in political institutions, growing political polarization, and a recent pandemic have confronted the FDA with unprecedent challenges. In light of these developments, we first provide an overview of the role that science and law have played across the development of the FDA. We then focus on notice and comment rulemaking and the guidance document process, which are broad policy and lawmaking tools used by the FDA, before assessing its narrower regulatory powers in the form of its drug and vaccine approval processes. After analyzing the FDA's role during the COVID-19 pandemic, we provide an outlook for its future and offer a critical appraisal of where scholars have opportunities to advance knowledge.

The (Non)Enforcement of Hate Crime Laws in the United States

Richard Ashby Wilson

In the years that followed the 2020 Black Lives Matter protests, the US federal government, cities, and states enacted sweeping reforms of the police and criminal justice system. To counter the narrative of racialized police violence and promote community policing, these included new hate crime statutes and dedicated bias-crime task forces. This article reviews the literature on the enforcement of hate crime, evaluates post-2020 antibias initiatives, and advises realistic expectations about the long-term impact of reform efforts. For starters, hate crimes are massively underreported. Even when reported, police often fail to accurately identify and charge a hate crime. Police officers exercise wide discretion, often accord hate crimes low priority, struggle to prove the bias motive of the offender, and come under political pressure to drop bias-motivated charges. Even when charged, few defendants are convicted of a hate crime because prosecutors frequently dismiss the hate crime charge. Prosecutors are expected to resolve cases quickly and may use a hate crime charge as leverage in plea bargaining. Media coverage, political pressure, and the involvement of victims and civil rights groups predict prosecutorial pursuit of a hate crime conviction. Hate crime policing and prosecutions may be enhanced by specialized hate crime units in police departments and prosecutors’ offices; clear policies that define terms and investigatory procedures; and enhanced communication between police, prosecutors, and target communities.

Technologies of Criminalization

Oliver Rollins, Julien Larregue and Hannah Pullen-Blasnik

Technologies play a central role in decision-making processes within criminal legal systems, creating what we call technologies of criminalization. These tools are based on the idea of calculated truths about future riskiness, but they often reinforce structural biases that underlie the concept of criminality. Their development and use demonstrate efforts to define the abstract criminal: a notion that embodies the presumed natural realities and discoverable aspects of criminality believed to be objectively discoverable and statistically predictable. This perspective neglects the socially constructed nature of criminality and the impact of human biases in the design and implementation of these technologies. Three interlinked processes drive their adoption: quantification, prediction, and pathologization. By examining neuroscientific, genomic, and algorithmic technologies, we critically assess their social impacts and the risks of exacerbating social inequalities under the facade of technical neutrality. Finally, we emphasize the increasing involvement of private industries in criminalization processes.

The Political Economy of Policing

Robert Vargas, Lauren Hagani and Gabriel Rojas

This article synthesizes emerging research on the political economy of policing, conceptualized through a Gramscian framework that examines policing as an interinstitutional structure shaped by economic, political, and ideological forces. We review research on relations between police and (a) social services, (b) private firms, (c) philanthropy, and (d) academia, highlighting how each sector plays a role in legitimating or sustaining police power. By situating policing within a Gramscian political economy, we provide a framework for understanding how police functions extend beyond law enforcement into the management of social order, wealth extraction, and ideological control. We conclude by discussing future directions for research and strategies for intervening in these power relations.

How Legal Punishment Affects Crime: An Integrated Understanding of the Law's Punitive Behavioral Mechanisms

Benjamin van Rooij, Malouke E. Kuiper and Alex R. Piquero

Punishment plays a major function in preventing crime. Punishment can potentially shape criminal conduct through at least 13 different mechanisms: 5 have a positive effect, reducing crime, and 8 have a negative effect, stimulating offending. This article explains what these 13 potential effects of punishment are and how they have been theorized. It further reviews the body of available empirical evidence for each of these mechanisms. It finds that for many mechanisms there is mixed and inconclusive evidence with major methodological challenges. The article further analyzes the conditions under which punishment affects crime, including the type of crime, offender, and underlying causes and correlates of crime. It also explores the time frames through which punishment affects crime, as well as the ways in which different behavioral effects of punishment interact. The conclusion develops ideas about how this body of empirical work can come to shape criminal justice practice.

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《中國社會(huì)學(xué)學(xué)刊》（The Journal of Chinese Sociology）于2014年10月由中國社會(huì)科學(xué)院社會(huì)學(xué)研究所創(chuàng)辦。作為中國大陸第一本英文社會(huì)學(xué)學(xué)術(shù)期刊，JCS致力于為中國社會(huì)學(xué)者與國外同行的學(xué)術(shù)交流和合作打造國際一流的學(xué)術(shù)平臺(tái)。JCS由全球最大科技期刊出版集團(tuán)施普林格·自然(Springer Nature)出版發(fā)行，由國內(nèi)外頂尖社會(huì)學(xué)家組成強(qiáng)大編委會(huì)隊(duì)伍，采用雙向匿名評(píng)審方式和“開放獲取”(open access)出版模式。JCS已于2021年5月被ESCI收錄。2022年，JCS的CiteScore分值為2.0（Q2），在社科類別的262種期刊中排名第94位，位列同類期刊前36%。2023年，JCS在科睿唯安發(fā)布的2023年度《期刊引證報(bào)告》（JCR）中首次獲得影響因子并達(dá)到1.5（Q3）。2025年JCS最新影響因子1.3，位列社會(huì)學(xué)領(lǐng)域期刊全球前53%（Q3）。

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