Judicialization of Social Problems and Governance of Security in Comparative Perspectives

Wednesday, 18 July 2018: 10:30-12:20
RC12 Sociology of Law (host committee)

Language: Spanish, French and English

The governance of security and social problems has changed substantially in the last decades. Traditionally, democratic societies tend to manage these conflicts through legal institutions anchored in the following liberal triad: legal rules, balanced rights, and sanctions, mostly associated to criminal law and trials. While criminalization is still the primary face of social control, an increasing number of scholars are pointing to a variety of forms and processes of judicialization and penalization, either within criminal law regimes (e.g. preventive justice) or relying on regulatory, administrative, civil, and even hybrid legal regimes.

This session welcomes empirical studies, qualitative or quantitative, on the routines and practices of various legal institutions contributing to the judicialization of social problems and the governance of security. Themes may include, but are not limited to, criminalization processes, other forms of judicialization (regulatory, immigration, civil, hybrid regimes, etc.), access to justice in criminal and administrative regimes, legal pluralistic forms of conflict resolution, and judicial aspects of policing and governmental agencies. By putting different papers about multiple contexts and jurisdictions into conversation, we hope to illuminate how law and legal regimes (State-based or not) are mobilized to govern security and social problems, the dynamics of access to justice and the forms of resistance to new security projects.

We will hold a triple paper presentation session during one round-table session, with up to five oral presentations in each of the three parallel sessions followed by questions and discussion.

Session Organizers:
Joao VELLOSO, University of Ottawa, Canada and Vivian PAES, Fluminense Federal University, Brazil
Mariana RAUPP, Université Laval, Canada
Marianne QUIROUETTE, Faculty of Law, University of Ottawa, Canada
Oral Presentations
Le Droit Comme « Agent Thérapeutique »? Judiciarisation Et Psychiatrisation Des Problèmes Sociaux
Emmanuelle BERNHEIM, Université du Québec à Montréal, Canada; Guillaume OUELLET, CIUSSS du Centre-Sud-de-l'Île-de-Montréal, Canada
Recognition and Accessing Legality: Discrimination, System Avoidance and Legal Cynicism across the European Roma Experience
Ioana SENDROIU, University of Toronto, Canada; Ron LEVI, University of Toronto, Canada
Incarceration and Penal Alternatives in Brazil - Elements for a Sociology of Punishment
Rodrigo AZEVEDO, Pontifícia Universidade Católica do Rio Grande do Sul, Brazil; Fernanda VASCONCELLOS, Universidade Federal de Pelotas, Brazil
Brazilian Jury Trial - a Trial Analysis from Two Perspectives
Izabel NUÑEZ, Universidade Federal Fluminense, Brazil; Paloma Abreu MONTEIRO, Universidade Federal Fluminense, Brazil
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