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Articles 1 - 11 of 11
Full-Text Articles in Social and Behavioral Sciences
The Prospects For Change: The Question Of Justice In A Law & Society Framework, Michael W. Raphael
The Prospects For Change: The Question Of Justice In A Law & Society Framework, Michael W. Raphael
Graduate Student Publications and Research
What is the law and society framework and where has it gotten us? A student in a classroom might raise their hand and offer "understanding legal pluralism" as a possible answer. However, the conceptual problem with legal pluralism is the coexistence of potentially conflicting bases of justification. Given this, desiring to understand how the law shapes the structural underpinnings of whichever "legal" phenomena and its "ongoing transformation", is nevertheless an immense achievement that stops short of its underlying goal – the achievement of human dignity through human rights. For example, to talk about 'multi-stakeholder consultations' and other pithy phrases that …
Ideology, Access, And Status: Spanish-English Bilinguals In The Foreign-Language Classroom, Michael E. Rolland
Ideology, Access, And Status: Spanish-English Bilinguals In The Foreign-Language Classroom, Michael E. Rolland
Graduate Student Publications and Research
Spanish language teaching in US higher education is today generally divided between ‘foreign language’ courses for novice learners and ‘heritage language’ courses for Hispanic/Latinx students with some knowledge of the language. However, ‘heritage’ students are a linguistically diverse group, and are also often enrolled at institutions where heritage courses are not offered. Little research to date has studied ‘heritage’ speakers enrolled in ‘foreign’ language courses. For this study I conducted semi-structured interviews to explore the affective and ideological characteristics of bilingual students enrolled in elementary Spanish courses. As the literature suggests, I find that these students have a generally low …
On The Prospect Of A Cognitive Sociology Of Law: Recognizing The Inequality Of Contract, Michael W. Raphael
On The Prospect Of A Cognitive Sociology Of Law: Recognizing The Inequality Of Contract, Michael W. Raphael
Graduate Student Publications and Research
One of the few basic premises that sociological analysis assumes is a general answer to the question of how society is organized according to some sort of agreement or contract. Elucidating how this question is still unsettled requires an exploration of how several prominent thinkers have considered what the basis for society is and how it is related to justice founded in the cognitive sociological basis of individuality. Drawing on the cognitive and cultural turn, this critique offers a revision of the structure-agency problem and examines the implications for a sociological conception of freedom and a corresponding concept of causation …
Do Law School Outcomes Follow The Legal Myth Of Thirds?: An Analysis Of The After The J.D. Study, Michael W. Raphael, Tanesha A. Thomas
Do Law School Outcomes Follow The Legal Myth Of Thirds?: An Analysis Of The After The J.D. Study, Michael W. Raphael, Tanesha A. Thomas
Graduate Student Publications and Research
The legal myth of thirds is the belief that each graduating class of law students can be divided into thirds where the top third end up becoming law professors, the middle third become judges and the bottom third become lawyers. Such discourse is indicative of a meritocratic society and a 2014 survey done at a small New England law school found that 36.9% of respondents (N=92) have indeed heard that this was the case. The authors feel that the mere existence of such a rumor suggests that there is concern regarding intra-professional stratification. Using data from the American Bar Foundation’s …
The Embodied Crises Of Neoliberal Globalization: The Lives And Narratives Of Filipina Migrant Domestic Workers, Wen Liu
Graduate Student Publications and Research
This paper theorizes the lives and working conditions of Filipina migrant domestic workers in Taiwan. To do so, I focus on the life stories of two migrant women—their struggles with exploitation and care, and their contradictory relationships with home and nation in transnational labor migration. These narratives detail crises of bodily sickness, racialized surveillance, and gendered violence across individual, social, and transnational scales, demonstrating the architecture of neoliberal globalization as a whole. These “embodied crises”—at once personal troubles and structural disasters—show how an overburdened care enforced through the labor of women of color violently affects their very own bodies, with …
Precarity And Gentrification: A Feedback Loop, Samuel Stein
Precarity And Gentrification: A Feedback Loop, Samuel Stein
Graduate Student Publications and Research
How do rent hikes and labor precarity conspire to reinforce each other against tenants and workers? Samuel Stein explains the mechanisms that link these two trends affecting citizens and calls for a tightening of rent-control laws to stop the spiraling descent of American residents into poverty.
Young Activists, New Movements: Contemporary Chinese Queer Feminism And Transnational Genealogies, Wen Liu, Ana Huang, Jingchao Ma
Young Activists, New Movements: Contemporary Chinese Queer Feminism And Transnational Genealogies, Wen Liu, Ana Huang, Jingchao Ma
Graduate Student Publications and Research
As young, diasporic feminist activist–scholars involved in queer feminist move- ments across China, Taiwan, and New York City, we reflect on the emergent ‘‘new’’ queer feminism in China today, with its amorphous cohesion and dramatic impact, as highlighted by the subway protest. Drawing on transnational feminism, we are part of this latest ‘‘new’’ response to growing global inequalities and neo-colonial feminist discourses that calls for a critical re-engagement with global politics (Grewal & Kaplan, 2001). However, as activists who center our political involvement in Asia, ‘‘transnationalism’’ is not only a vision, but an already exist- ing state, as we see …
Deterritorializing Disciplinarity: Toward An Immanent Pedagogy, Christina Nadler
Deterritorializing Disciplinarity: Toward An Immanent Pedagogy, Christina Nadler
Graduate Student Publications and Research
This article speculates on the pedagogical consequences of deterritorializing disciplinary knowledge. I suggest a move from knowledge as discipline to knowledge as an emergent potential of a field. Through this move, I propose an immanent pedagogy, based on the work of Deleuze and Guattari, in which students and teachers become active participants in a field of knowledge. This field is not only a way out of disciplinary knowledge but also a mechanism for students and teachers alike to critique and subvert disciplinarity. My understanding of knowledge production is based on the ontological and immanent capacity of students to learn and …
Should Sociology Care About Theories Of Human Nature?: Some Durkheimian Considerations On The ‘Social’ Individual, Michael W. Raphael
Should Sociology Care About Theories Of Human Nature?: Some Durkheimian Considerations On The ‘Social’ Individual, Michael W. Raphael
Graduate Student Publications and Research
Theories of human nature underlie major positions not only in social science but also in the public sphere and its relationship to inequality. When it comes to Durkheim, his theory of human nature is often confused with his critiques of intellectual individualism and his historical argument concerning moral individualism. This paper proposes to analytically separate Durkheim’s apparently intertwined positions to show Durkheim’s concept of the ‘social individual’ as found within his theory of human nature. This is the difference between society as the object of analysis where the individual is slowly expressed historically in regard to the transition from mechanical …
Phenomenological Theories Of Crime, Peter K. Manning, Michael W. Raphael
Phenomenological Theories Of Crime, Peter K. Manning, Michael W. Raphael
Graduate Student Publications and Research
The distinctive aspect of phenomenological theories of crime is that they are based upon a stated epistemology: how things are known and a specific ontology—the nature of social reality. This specificity aligns itself with neo-Kantian concern with forms of knowing, interpretation, and meaning, as well as with 20th-century concern with perception, cognition, and the framing of events. While there are influences of phenomenological thinking on varieties of theorizing, such as symbolic interactionism, critical theory, queer theory, and gender-based theories of crime, these ideas are refractions and are inconsistent in their reference to and understanding of the foundational phenomenological works. A …
Strokes Of Existence: The Connection Of All Things, Mari Gorman
Strokes Of Existence: The Connection Of All Things, Mari Gorman
Graduate Student Publications and Research
Acted or real—and all life is real whether one is acting or not—the common denominator and consistent, ubiquitous reality of life and all behavior is that it manifests in the form of relationships on all scales. But what is a relationship? Until now, the answer to this question has not been sufficiently known. As a result of many years of empirical research that began with the aim of discovering what is going on in a gifted actor when s/he is playing a character that can be observed and experienced as a living, intuitive being, and based on the knowledge that …