Resistance to Legality

Brisbin, Jr. Richard A.

doi:10.1146/annurev-lawsocsci-102209-152904

Cited by 16 publications

(14 citation statements)

References 103 publications

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“…Engel () distinguishes two dimensions of legal consciousness. One focuses on law as a discrete but loosely interrelated rules, norms, logics, discourses and procedures (see also McCann & March ; Brisbin ). Accordingly, legal consciousness implies a familiarity with, and working knowledge of, particular legal conventions.…”

Section: Theoretical Considerationsmentioning

confidence: 99%

Above the Roof, Beneath the Law: Perceived Justice behind Disruptive Tactics of Migrant Wage Claimants in China

He¹,

Lun-gang²,

Su³

2013

Law Soc Rev

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The way in which citizens in developing countries conceptualize legality is a critical but understudied question for legal consciousness and legal mobilization studies. Drawing on participatory observations and extensive interviews from western China, this article explores the subjective interpretations of migrant wage claimants on law and justice behind their disruptive actions. Their perception of justice differs starkly from what the law stipulates as target, evidence and proper procedures. Who shall be held responsible? What constitutes evidence? When shall they be paid? How much? Their perceptions also differ from the attitude “against the law” found among members from disadvantaged social groups in the United States. The Chinese case of legal perception is shaped by the moral precepts ingrained in the culture, and more importantly, by the lopsided relationship between migrant workers and the political and business elite. It thus points to the daunting barriers in channeling the ever‐growing number of social conflicts into court.

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Section: Theoretical Considerationsmentioning

confidence: 99%

Above the Roof, Beneath the Law: Perceived Justice behind Disruptive Tactics of Migrant Wage Claimants in China

He¹,

Lun-gang²,

Su³

2013

Law Soc Rev

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“…On one hand, it allows for a better understanding of how, in the case of a “suspect population,” crime control enforcement becomes intertwined with the state management of perceived political threats and with public support for expanded coercive interventions. On the other hand, an analytic attention to the link between law enforcement and collective emotions is useful for studying subjective orientations toward politics, criminality, and legality (Brisbin ; Harcourt ) among members of subordinated groups that are targeted by state interventions straddling the line between politics and crime often invisibly and preemptively.…”

Section: Resultsmentioning

confidence: 99%

Legal Emotions: An Ethnography of Distrust and Fear in the Arab Districts of an Israeli City

Pasquetti¹

2013

Law Soc Rev

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Recent sociolegal scholarship has explored the role of emotions in lawmaking and policymaking on security and crime issues. This article extends this approach to the relationship between law enforcement and affect by addressing the role of policing and security agencies in the (re)production of long‐term emotions, which bind a collective and fuel ethnonational division. An ethnography of the distinct emotional climate within the Arab districts of Lod, an Israeli city, shows that this climate is structured by two emotions: rampant distrust toward friends and neighbors, and intense fear of the Israeli authorities. This emotional climate is the product of the subterranean ties of Lod Palestinians with the Israeli security agencies as well as their experiences of the blurred line between state security and crime control enforcement. I embed the initial creation and relative stability of this emotional climate in the broader relationship between the Israeli state and its Palestinian citizens from 1948 to the present. The article concludes with a discussion of how the law enforcement's affective production has consequences for the salience and scope of citizenship and by arguing for a greater focus on the link between law enforcement, collective emotions, and processes of inclusion and exclusion.

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“…For more than twenty years, sociolegal scholars have called for greater attention to the consequences of resistance, particularly “informal,” “outsider,” or “everyday” forms of resistance (Handler 1992; McCann 1992; McCann and March 1996; Morrill, Zald, and Rao 2003; Brisbin 2010). These instances of “micro-resistance” are generally covert, unorganized, and individualistic acts performed by subordinated persons seeking to frustrate the interests, expectations, or rules of the powerful 1 .…”

Section: Introductionmentioning

confidence: 99%

“…Noting the triviality of some such acts, Handler (1992, 724) has called accounts of micro-resistance “stories of despair.” As Merry (1995, 24) has noted, examinations of resistance may have been too “celebratory” in their tone: in her examples of micro-resistance in colonial Hawai'i, the oppressed won minor victories but largely remained oppressed. For Mumby (2005, 39), examples of micro-resistance in the face of greater oppression represent a “hollow victory.” Most recently, Regev-Messalem (2014, 744) has concurred with a lengthy literature finding “that struggles must take a collective form in order to generate change.” Ultimately, however, “the outcome of resistance strategy and tactics still needs much more attention” (Brisbin 2010, 38; see also Morrill, Zald, and Rao 2003). 2…”

Section: Introductionmentioning

confidence: 99%

The Consequences of Prisoners' Micro-Resistance

Rubin¹

2017

Law soc. inq.

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For more than twenty years, scholars have called for greater attention to the consequences of micro-resistance to legality. Using archival data from Philadelphia's Eastern State Penitentiary (1829–1875), I examine the consequences of noncompliant prisoner behavior. I find that prisoners' noncompliance often entailed substantial costs to prisoners, particularly in comparison to the substantial benefits of complying with the prison regime. Despite its cost to prisoners, noncompliance did not have a single set of uniformly negative consequences for the prison regime. In fact, some forms of noncompliance may have actually protected the prison's reputation. Prison administrators, external allies, and critics used episodes of noncompliance for their own goals and to reinforce their preexisting claims about the propriety of competing prison designs, yielding this variable significance of noncompliance. As this study illustrates, connecting prisoner misconduct to power dynamics in the broader field produces a fuller understanding of micro-resistance's consequences.

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Resistance to Legality

Cited by 16 publications

References 103 publications

Above the Roof, Beneath the Law: Perceived Justice behind Disruptive Tactics of Migrant Wage Claimants in China

Above the Roof, Beneath the Law: Perceived Justice behind Disruptive Tactics of Migrant Wage Claimants in China

Legal Emotions: An Ethnography of Distrust and Fear in the Arab Districts of an Israeli City

The Consequences of Prisoners' Micro-Resistance

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