Relational legal consciousness and anticorruption: <i>Lava Jato</i>, social media interactions, and the co-production of law's detraction in Brazil (2017–2019)

Silva, Fabio de Sa e

doi:10.1111/lasr.12620

Cited by 16 publications

(7 citation statements)

References 63 publications

Supporting

Mentioning

Contrasting

Unclassified

Order By: Relevance

“…She criticizes legal consciousness scholars for abandoning the ambition to theorize about how law's hegemony is sustained, and even argues that perhaps the concept of legal consciousness should be abandoned. Legal consciousness scholarship, however, has continued to grow over the past two decades and has proven to be useful to other critical endeavors (de Sa e Silva, 2022). Chua and Engel (2019), for example, identify three schools of legal consciousness research: Identity, Hegemony, and Mobilization.…”

Section: Legal Consciousness and Compliancementioning

confidence: 99%

“Kill the chicken to scare the monkey”: Heavy penalties, excessive COVID‐19 control mechanisms, and legal consciousness in China

Liu

2023

Law & Policy

View full text Add to dashboard Cite

This study analyses the legal consciousness of Chinese citizens during the COVID‐19 pandemic when the authoritarian state invoked heavy penalties to deter noncompliance with its excessive COVID‐19 restrictions. China used the approach of “killing the chicken to scare the monkey,” publicly punishing those who violated restrictions in order to deter noncompliance. This article explains why ordinary citizens supported this selective application of the law, as well as how the possibility of being the “chicken” contributed to their compliance (or noncompliance) with excessive COVID‐19 restrictions. It suggests that the uncertainty and unpredictability of law in the authoritarian state bred fear, which then led to compliance, regardless of the lack of procedural fairness. People's dissatisfaction with the rules, however, led them to tolerate and even support the noncompliance of people they trusted.

show abstract

Section: Legal Consciousness and Compliancementioning

confidence: 99%

“Kill the chicken to scare the monkey”: Heavy penalties, excessive COVID‐19 control mechanisms, and legal consciousness in China

Liu

2023

Law & Policy

View full text Add to dashboard Cite

show abstract

“…I will explore this process through the analytical lens of relational and second‐order legal consciousness (Abrego, 2019; Chua & Engel, 2019; De Sa e Silva, 2022; Wang, 2019; Young, 2014; Young & Chimowitz, 2022). Rather than analyzing legal consciousness individualistically, a growing number of studies conceptualize legal consciousness as “a fully collaborative phenomenon” (Chua & Engel, 2019, p. 347).…”

Section: Introductionmentioning

confidence: 99%

“…Chua and Engel (2019, p. 348) suggest that “the “person‐by‐person” research methods used by legal consciousness scholars from the early 1960s to the present” might have to be replaced by new approaches that focus on the “observation and analysis of relationships and social interactions.” However, “what those methodologies might look like, and how they might be operationalized, is not yet apparent” (Chua & Engel, 2019, p. 348) This article wants to contribute to this discussion by introducing an innovative research methodology. While “[m]ost legal consciousness research—including relational research—is qualitative, using in‐depth interviews” (De Sa e Silva, 2022, p. 350), the present study uses quantitative research methods. This paper is based on an online survey among Dutch welfare clients and it is the first study that uses a correlation analysis to study the relational character of clients' legal consciousness.…”

Section: Introductionmentioning

confidence: 99%

Relational legal consciousness in the punitive welfare state: How Dutch welfare officials shape clients' perceptions of law

Hertogh

2023

Law Soc Rev

View full text Add to dashboard Cite

With a growing number of strict obligations and harsh sanctions for welfare recipients, the Netherlands has increasingly become a punitive welfare state. This article looks at what this means for welfare clients and their commonsense understandings of the law. To analyze how welfare officials shape clients' legal consciousness, I draw on an online survey among Dutch welfare clients (N = 1305) and a correlation analysis. The findings show that there is a clear relationship between welfare clients' own legal consciousness and their assessment of welfare officials' beliefs about the law. However, not all elements of their legal consciousness are relationally influenced by the same factors. Also, clients' self‐reported compliance behavior is less relationally influenced than other elements of their legal consciousness. This study adds to our understanding of the mechanisms that constitute the production of relational and second‐order legal consciousness and it contributes to the development of new research methods to study people's perceptions of law.

show abstract

“…This definition equates corruption to bribery, and largely focuses on agent-based or individualistic acts of misappropriation (De Sa e Silva, 2020). According to De Sa e Silva (2022), corrupt individuals are seen as agents tasked with acting for the public good but who also engaged in rent seeking activities. This definition of corruption disregards the structural dynamic, historical process, and organizational instances that enable corruption (Wilson, 2023).…”

Section: Introductionmentioning

confidence: 99%

COVID-19 and the Pandemic Unemployment Assistance Program in Puerto Rico: Anti-Corruption, Fraud Prevention, and Punishment

Atiles

2023

Critical Sociology

View full text Add to dashboard Cite

The US and Puerto Rican governments’ anti-corruption and anti-fraud legislation and policies exacerbated the socio-economic impacts of the coronavirus disease (COVID)-19 pandemic in Puerto Rico (PR). This article demonstrates how anti-corruption interventions prevented those in most need from receiving the economic benefits of the Pandemic Unemployment Assistance program and other unemployment insurance benefits. Analyzing this specific instance of anti-corruption and anti-fraud interventions amid the COVID-19 pandemic allows for a deeper examination of how colonial interventions undermined PR’s capacity to handle the pandemic, exacerbated its socio-economic impact and created an unequal recovery. Thus, the article illustrates the contradictions of anti-corruption as punitive governance and the way in which a specific notion of corruption is reproduced through governmental actions, legal practices, and policies. Altogether, this article aims to contribute to the discussion on how colonial and punitive anti-corruption interventions enhance social exclusion, disproportionately harm racialized communities, and undermine people’s capacity to address period of crisis.

show abstract

Relational legal consciousness and anticorruption: Lava Jato, social media interactions, and the co-production of law's detraction in Brazil (2017–2019)

Cited by 16 publications

References 63 publications

“Kill the chicken to scare the monkey”: Heavy penalties, excessive COVID‐19 control mechanisms, and legal consciousness in China

“Kill the chicken to scare the monkey”: Heavy penalties, excessive COVID‐19 control mechanisms, and legal consciousness in China

Relational legal consciousness in the punitive welfare state: How Dutch welfare officials shape clients' perceptions of law

COVID-19 and the Pandemic Unemployment Assistance Program in Puerto Rico: Anti-Corruption, Fraud Prevention, and Punishment

Contact Info

Product

Resources

About