A Gramscian Approach to Studying the Judicial Decision-Making Process

Ciocchini, Pablo; Khoury, Stéfanie

doi:10.1007/s10612-017-9377-4

Cited by 6 publications

(4 citation statements)

References 26 publications

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“…We want to emphasize the fact that the ethico-political principles, which are legitimate at a given moment in history and which, as various authors point out, are enshrined in the law (Ciocchini and Khoury, 2017; Cutler, 2005; Litowitz, 2000), are subject to constant “negotiation” between the dominant classes and the subaltern groups. That means, on the one hand, that their hegemony relies on a process of conflict, which has nothing to do with a simple, unilateral, immoveable position.…”

Section: Gramsci and The Prison Systemmentioning

confidence: 99%

“…Another Gramscian concept that has been used in studies on crime and the justice system is that of the organic intellectual (Ciocchini and Khoury, 2017; Kennedy, 1982). In general, Gramsci (who considered that every individual is, through the use of their mental faculties, an intellectual) developed the concept of organic intellectual to refer to individuals who, because of their social and ideological action and standing, play an active role in the construction of consciousness in the population collectives they belong to, and, therefore, in the acceptance or contestation of the ethico-political principles upon which hegemony is built.…”

Section: Gramsci and The Prison Systemmentioning

confidence: 99%

“…Following that rationale, Kennedy (1982) has suggested considering employees of the justice system as “intellectuals of legality” whose primary task is to show people from dominated classes what they can or cannot do as members of society. Similarly, Ciocchini and Khoury (2017) proposed seeing judges from the justice system as agents whose function oscillates between exercising coercion (which makes them “technicians” of repression) and developing moral leadership (which makes them organic intellectuals).…”

Section: Gramsci and The Prison Systemmentioning

confidence: 99%

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External Intimacy: Community-based Intervention Concerning Crime and the Integral State in Quebec

Castillo¹

2022

Social & Legal Studies

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This article deals with the contradictory way in which community-based intervention concerning crime relates to political domination and to the institutions of the State in Quebec, Canada by exploring the pertinence of the Gramscian conception of civil society. Surprisingly, although Antonio Gramsci offers an interesting set of concepts for the study of the relationship between civil society and government institutions, his ideas have rarely been used to understand community intervention in general and that related to public security in particular. Gramscian concepts such as civil society, political society, hegemony, and the integral State strike us as particularly useful in this regard. In our opinion, they offer a much more comprehensive view of the current relationship between community action (civil society) and the criminal justice system (the government) than narratives that insist on the alleged autonomy of civil society and on the weakening of the State. To show the utility of these concepts, we used them to understand community tensions related to racially discriminatory practices by police officers in the multiethnic borough of Montréal-Nord in Montreal.

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Section: Gramsci and The Prison Systemmentioning

confidence: 99%

Section: Gramsci and The Prison Systemmentioning

confidence: 99%

Section: Gramsci and The Prison Systemmentioning

confidence: 99%

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External Intimacy: Community-based Intervention Concerning Crime and the Integral State in Quebec

Castillo¹

2022

Social & Legal Studies

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“…This legal translation has helped to de-mobilise political resistance and to increase the predictability of the outcomes of a conflict. Thus, we are witnessing a political rationality that has granted political and moral leadership to judges of high courts, and increasingly to judges of civil and commercial courts (Ciocchini and Khoury 2017). Furthermore, courts are now at the centre of political struggles, mobilised by politicians denouncing their opponents for corruption or lawsuits for defamation (Dezalay and Garth 2011).…”

Section: Courts Under Neoliberalismmentioning

confidence: 99%

The Relevance of Criminal Courts in the Global South

Ciocchini¹

2017

Laws

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Abstract:The literature on comparative law has a long and robust tradition, but studies comparing courts and judicial systems are scarce. Comparative studies in the Global South, following Shapiro's institutional approach, have aimed to measure the involvement of courts in politics by assessing the power of the judiciary in society, the level of judicial independence, and their role in the context of the judicialization of politics. The focus was on the high courts, including either Constitutional or Supreme Courts. Criminal courts have not received similar attention despite the influence of their everyday decisions on people's lives and their perception of the judicial system. This article argues that developing a comparative approach for criminal courts in the Global South is needed to help understand the role they play in the development of the rule of law and democratic life. This comparative study helps understand the impact of judicial reform programmes in the Global South. These reforms, inspired by a neoliberal paradigm, have focused on improving the efficiency of the courts. The reforms have promoted managerial techniques detrimental to the standards of due process. Any assessment of the impact of the reforms on the courts in the Global South should start by recognising the widely differing settings under which they operate. This context is characterised by serious economic constraints, such as a lack of material and human resources, and a democratic deficit legacy from the past authoritarian regimes, including widespread police abuse and corruption. Given this context, the role of the courts in ensuring due process and the legality of police procedures is crucial. The impact of the judicial reforms promoting managerial rationality in recent decades must be analysed. To examine the role courts are playing in criminal matters, two cases were explored where courts have undergone extensive judicial reforms, Argentina and the Philippines.

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Counter-hegemonic resistance on the extractive frontier in Peru: exploring the legal-political nexus

Leys,

Raftopoulos

2024

The Journal of Peasant Studies

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A Gramscian Approach to Studying the Judicial Decision-Making Process

Abstract: This paper applies a Gramscian analytical framework to scrutinise the judicial decision-making process. Based on two distinct research projects, the article explores how,

Cited by 6 publications

References 26 publications

External Intimacy: Community-based Intervention Concerning Crime and the Integral State in Quebec

External Intimacy: Community-based Intervention Concerning Crime and the Integral State in Quebec

The Relevance of Criminal Courts in the Global South

Counter-hegemonic resistance on the extractive frontier in Peru: exploring the legal-political nexus

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