Law & Society Review 46(2)

Law & Society Review, June 2012: Volume 46, Issue 2

Presidential Address: Looking for Race in All the Wrong Places
Laura E. Gómez

Commentary: Listening for Stories in All the Right Places: Narrative and Racial Formation Theory
Charles Lawrence III

Commentary: Looking and Seeing, Meanwhile
Carol J. Greenhouse

Using Systems Theory to Study Legal Pluralism: What Could Be Gained?
Richard Nobles and David Schiff

This article examines the ability of modern systems theory to provide a foundation for understanding the problematic notion of legal pluralism, and to the ability of scholars to apply that understanding to engage in the study of pluralistic legal orders. In particular, it develops the observations of systems theory of the relationship between state law and violence by adopting one of its linked ideas, that of structural coupling. It also considers the role played by translation when law is identified by reference to the application of the legal code: legal/illegal. The whole analysis is underpinned by systems theory's account of the differences between studying premodern and modern societies.

Ignorance in Bliss: Modeling Knowledge of Rights in Marriage and Cohabitation
Pascoe Pleasence and Nigel J. Balmer

We live our lives against an extensive backdrop of legal rights and responsibilities, yet a growing number of studies indicates low levels of public legal literacy. In the context of opposite-sex cohabitation and marriage law, this study employs new survey data from the United Kingdom to explore, in detail, how many and which people are ignorant of the law, and what are the nature and origins of erroneous beliefs. We find that people's beliefs about both cohabitation and marriage law are frequently wrong. They are also strikingly similar, and reflect the divergence of social attitudes from the law. Our findings are consistent with the notion that legal literacy links to salience of issue. They are also consistent with recent public legal education initiatives that affected public understanding of cohabitation law, but we argue that social attitudes and the intransigence of erroneous beliefs generally present significant challenges to such initiatives.

Gendered Paths to Legal Citizenship: The Case of Latin-American Immigrants in Phoenix, Arizona
Olivia Salcido and Cecilia Menjívar

In this paper we seek to contribute to a greater understanding of legal citizenship by exploring the gendered experiences of Latin-American-origin immigrants in the greater Phoenix metropolitan area as they go through the legalization process. To explore this gendered angle we rely on in-depth interviews conducted from 1998 through 2008 with women and men from Guatemala, El Salvador, Honduras, and Mexico. The data reveal that although immigration policies and procedures are presumably gender neutral, they are in fact inflected with gendered meanings and enacted in gendered social structures. Gender ideologies permeate the processes to differentially affect the legalization, permanent legal residence, and citizenship processes of immigrant women and men. This article points to key gender inequalities in immigration law.

Specters of Indigeneity in British-Indian Migration, 1914
Renisa Mawani

Colonial legal histories of indigeneity and British-Indian migration have not often been placed in conversation with one another. This article pursues such a project by tracing indigeneity as a spectral presence that emerged with uneven regularity in juridico-political conflicts over British-Indian migration. Specifically, I focus on the 1914 journey of the Komagata Maru, a Japanese steamship carrying 376 Punjabi migrants that sailed from Hong Kong to Shanghai, Moji to Yokohama, and across the Pacific, eventually arriving in Vancouver, Canada. Crisscrossing continents and approaching law in its broadest sense, I explore three struggles over the ship and its passengers: a satirical cartoon published in the Hindi Punch (Bombay), a legal test case heard by the British Columbia Court of Appeal (Vancouver), and a public debate on the racial meanings of Imperial subjecthood that ensued among Indian middle-class supporters of the ship and unfolded in English newspapers in various Indian cities. In each moment of struggle, I examine the changing conceptions of indigeneity that were strategically appropriated, never by indigenous peoples themselves or on their own terms, but by the Dominion of Canada and by British Indians, each deploying indigeneity to its own advantage and to achieve particular effects. Ultimately, this article considers the political and legal work that the spectral figure of indigeneity performed, the conceptions of time that underwrote its recurrence, and the temporalities that it sustained and called into question.

Motivating Environmental Action in a Pluralistic Regulatory Environment: An Experimental Study of Framing, Crowding Out, and Institutional Effects in the Context of Recycling Policies
Yuval Feldman and Oren Perez

In designing a recycling policy, the regulator must choose among multiple instruments. Our study seeks to address the linkages between the choice of regulatory instruments and institutional frameworks, people's intrinsic motivation, and various attitudinal measures. We examined the behavioral repercussions of several instruments that are used widely in recycling regulation, using an experimental survey on a representative sample of the Israeli population (N = 1,800 participants). Our findings suggest that the design of recycling policies should be sensitive to the framing effects of varied regulatory instruments and to the interplay between intrinsic and extrinsic motivation on the desirability and efficacy of the law. In particular, we point out the potential regulatory advantage of using deposit schemes over other instruments and of using private organizations as regulatory agents. Drawing on these findings, we discuss the potential value of using differentiated regulatory policies to provide incentives for recycling in societies characterized by broad heterogeneity in levels of intrinsic motivation.