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This article examines how the mobilization of emotions can be fully integrated into the repertoire of contentions. To do this, the analysis must be attentive to the way in which appealing to emotions, far from being limited to impulsive and disruptive actions, is part of the tactical know-how accumulated within social movement organizations. A survey relating to one of the first French climate change litigation cases highlights the complementarity between emotions and formalization of expertise when it comes to forcing the hand of the authorities by rallying a large number of supporters while resorting to the law. [ABSTRACT FROM AUTHOR]

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Copyright of Revista Brasileira de Políticas Públicas is the property of Revista Brasileira de Politicas Publicas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Jurídica (0103-3506) is the property of Revista Juridica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Abstract This article analyses the dynamics and psychological processes underlying judicialized conflicts that are known as parental alienation, examining three case studies in the light of psychoanalysis. The litigation experienced by the child reflects their embarrassments with the Other in their search for answers to their enigmas and affections, amid guerrilla warfare between those who occupy parental roles. The study pinpoints the pathways required to understand parental alienation: in a socio-historical journey through how parental and marital ties are conceived and recreated; in a passage through the grief that the subjects suffer during family reconstitution; and through a rereading of the phenomenon focused on the uniqueness of the symptom. We are hopeful that it will support a more critical and skilled praxis for those who work in the judiciary.

LGBT rights in Japan are subject to frequent changes. A variety of factors, from methods of action to sources of motivation and outside pressure, make it difficult to predict how developments will unfold. On themes as complex as sexual orientation and gender identity, interactions between politics and the judiciary both converge and diverge significantly given their varied mechanisms. This article focuses on calls in Japan to allow same-sex marriage. It argues that, in the face of improvised or inadequate legal solutions, these calls translate into judicial demands leading to the possible judicialization of the political sphere.

At the beginning of the 21st century, a reform of the judicial system was carried out, essentially aimed at increasing the number of lawyers and opening public participation. In this context, a new class action legislation was promulgated in the field of consumer law to prevent instances of commercial malpractice and as a mechanism to recover damages from professionals in cases involving large numbers of consumers. This article examines how and the extent to which the new class action system contributes to the expansion of the judicial function. It also examines the potential for wider acceptance of this type of legal action within Japanese society.

This article analyses the ’Work Style Reform’ bill introduced in Japan in 2018. It focuses on the concept of judicialization, which is defined as the enhancement of judicial oversight to ensure the effective enforcement of law. The article highlights specific aspects of this reform, particularly the strengthened collaboration between administrative entities and judicial institutions to uphold labour law in the workplace.

The administrative processes of recognizing Indigenous Lands (ILs) in Brazil can take decades to complete. Indigenous peoples who live in unrecognized ILs are more vulnerable to a series of rights violations, which makes the completion of demarcation processes urgent. This article aims to answer the following question: why do some demarcation processes take longer than others? We listed five conditions found in the literature on the demarcation of indigenous lands that can delay them. Next, we applied the qualitative comparative analysis (QCA) method in its crisp set mode to 40 cases of IL demarcation. We present two conclusions: the presence of economic interests is an important condition to explain the long duration of some demarcation processes, but it is neither necessary nor sufficient, and the conjunction of this factor with the judicialization of the demarcation process explains most cases of long-term demarcations. [ABSTRACT FROM AUTHOR]

This paper traces the emergence of a new orientation in the reformist agenda of the Judiciary in Argentina aimed at the democratization of the justice system. Originated at a time of expansion of the political arena and growth of the judicial arena (2003-2013), democratizing justice is an aspiration in which diverse proposals and actors converge in the face of the growing judicialization of conflicts. We analyze three policies of reform of the judicial system, emanating from the three branches of the national State, between 2003 and 2019: the incorporation, by the Supreme Court of Justice of the Nation, of mechanisms for citizen participation in the judicial process; the service of Access to Justice Centers, created within the Ministry of Justice and Human Rights of the Nation; and Law 26855 (repealed), which incorporates universal suffrage in the election of councilors of the Council of the Magistratura, popularly known as the law of democratization of justice. [ABSTRACT FROM AUTHOR]

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Copyright of Revista Chilena de Derecho y Ciencia Política is the property of Revista Chilena de Derecho y Ciencia Política and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Psicologia: Teoria e Pesquisa is the property of Universidade de Brasilia, Instituto de Psicologia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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Copyright of Direito e Práxis is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Dada la necesidad de abordar desde la prevención el problema de las familias en situación de separación o divorcio inmersas en alta conflictividad y que tienden a judicializar sus relaciones, y ante la inexistencia de un instrumento que sirva para identificar esta tendencia, se pretende elaborar un cuestionario que mida las características predictoras de judicialización. El trabajo se centra en la validación de contenido e interna del C-JUDIFA, pudiendo concluir que los ítems utilizados explican bien las características que pretenden medir, así como que se obtiene una buena representatividad de las escalas propuestas. El análisis factorial confirma la estructura de tres factores propuesta teóricamente para el instrumento, encontrando también una buena correlación entre los 9 constructos aportados. Asimismo, se requiere investigar sobre la relación que todos estos factores tienen realmente en la tendencia a judicializar los conflictos derivados de situaciones de separación, analizando su validez externa.

Copyright of Gerais: Revista Interinstitucional de Psicologia is the property of Gerais: Revista Interinstitucional de Psicologia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Direito da Cidade is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Direito e Práxis is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

How do state courts in Brazil participate in the debate about Covid-19 policies? I argue that state courts had a role in making decisions on key policies when political actors couldn't agree on how to handle the crisis. This paper compares its findings to what previous research has found on the role of the stf at the federal level. The results show that subnational institutions tried to use state courts to halt such policies in a similar way to what happened in the stf. [ABSTRACT FROM AUTHOR]

Copyright of Quaestio Iuris (QI) is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Jurídica (0103-3506) is the property of Revista Juridica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In judicial processes involving indigenous peoples, it has become increasingly recurrent to integrate special mechanisms to allow for dialogue, and the interpretation and translation of the cultural differences of the indigenous worlds before state justice operators. Expert appraisal is one of these devices that summon the anthropological discipline to the courts. The purpose of this article is to show how expert opinion is a device of professional practice for the intervention of anthropology in processes of demand for justice intended to guarantee the understanding of cultural and social diversity. The arguments and elements detailed in the article are based on a research experience involving the Arhuaco indigenous people of the Sierra Nevada de Santa Marta in Colombia between 2018 and 2020, the documentary/bibliographic analysis, and the study of the judicial file related to the facts concerning the retention, torture, and death of three Arhuaco indigenous authorities that occurred in 1990. The article concludes that anthropological expertise is a device of disciplinary practice that can support the demands of indigenous peoples for access to justice and, therefore, to the understanding of cultural diversity in the courts. Its production and the associated epistemological, political, and intersubjective relationships merit further disciplinary analysis. Finally, revealing the methodological process of the elaboration of an anthropological expert opinion, its adaptation to the demands of justice, and the gaps of a particular judicialization process, as well as further exploring the questions posed by anthropology, are discussed in the article as a relevant and pertinent exercise for reflection on the practice of the discipline in judicial scenarios.

Copyright of Ebisu is the property of MAISON FRANCO-JAPONAISE, Bureau français and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Ebisu is the property of MAISON FRANCO-JAPONAISE, Bureau français and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Ebisu is the property of MAISON FRANCO-JAPONAISE, Bureau français and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Anuario de Psicología Jurídica is the property of Colegio Oficial de Psicologos de Madrid and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Espaço Jurídico: Journal of Law is the property of Espaco Juridico: Journal of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In a context in which mining extractivism is expanding in Latin America, this article deals with the collective action agendas that local populations in the southern Andean region of Ecuador have followed to defend water against the Rio Blanco and Loma Larga projects in Quimsacocha, located in the Cuenca canton, Azuay province. Within such agendas, an injunction was filed in the courts, which obtained a positive ruling and managed to stop the Río Blanco project, and two popular consultations were held – Girón and Cuenca. These experiences are part of what we will call processes of juridification in defense of water, in which visions and ontologies about the human-nature relationship are disputed. To compile information, we resorted to in-depth interviews with community members and members of ecological collectives, social mapping and document review. This article discusses the complexity of the demands against mega-mining in legal terms and the power dynamics that are interwoven in the enforceability of collective rights and the rights of nature. It also analyzes the support offered in the legal sphere to processes of juridification by mobilization actions that take place in parallel. The article contributes to critical debates on environmental justice and water justice.

In this article, we have been motivated by the need to address a little-studied aspect of extractivism in Latin America: the colonial foundations of the regulatory framework of corporate mining and the limits of the judicialization of human rights in order to achieve transformation. Our analysis draws on theoretical references from the field of strategic litigation, the origins of international law and decolonial studies. We used a multiscale methodology that took Guatemala and Colombia as case studies at the national level and the Inter-American System of Human Rights at the international level. At the same time, we wove an interdisciplinary dialogue between authors with different backgrounds and integrated a variety of academic sources and judicial sentences. Thus, we constructed from the most relevant sources a colonial genealogy of mining regulations and their continuity in the republican and contemporary regulations in the countries in question. In addition, we identify common patterns in the judicialization of mining conflicts at the domestic and inter-American levels and demonstrate their ineffectiveness in the modification of the regulations governing mining. We conclude with a reflection on new theoretical and methodological paths both in legal practice and in applied theoretical research, possible horizons for the decolonization of law and, in particular, mining law.

This article addresses the judicialization of domestic violence in East-Timor, discussing the victimization and individualization of these conflicts which emerge in relational contexts. On an ethnographical approach of institutional care practices with women sheltered, I reflect on their trajectories facing the discourses and practices of a local NGO, resorting to the literature of Brazilian anthropology. My argument is that domestic violence can be better understood both critically and analytically if we consider the communicational aspect of physical power in the (re)production of engendered representations of subjects and their social fantasies. [ABSTRACT FROM AUTHOR]

This special issue is composed by six papers whose first versions were presented at the Oñati workshop Social Control, Judicialization of Social Problems and Governance of Security in Comparative Perspectives held at the IISL in July 2019. They are preceded by this introduction, where we contextualize the development of social control studies, pointing how they were originally framed as criminalization in the Global North and how the new millennium brought us an increasing number of studies discussing both criminalizations (in the plural!) and forms of judicialization and governance operating through regulatory, administrative, civil and hybrid legal regimes. By putting together articles about different contexts and jurisdictions into conversation, we hope to illuminate how legal orders (State-based or not) are mobilized to govern security and social problems, creating more nuanced categories and analytical tools to help thinking and resisting to penalization processes of any kind, anywhere, anytime.

With the outbreak and devastating spread of the SARS-CoV-2 pandemic, different forms of containment methods have been implemented across Latin America that have radically and rapidly transformed public health approaches. The purpose of this paper is to provide a preliminary delimitation of the problem of person-to-person accusations and complaints in proximity contexts under the confinement regime in the metropolitan area of Buenos Aires (AMBA). This paper examines three issues: 1) anthropological perspectives on judicialization; 2) the broad-ranging consequences and paradoxical effects that accusations, denunciations, and judicializations have been proven to cause for the well-being, health, and survival of affected individuals and social groups; and 3) the particularities that anthropological work assumes in highly normatized, sanctioned, and criminalized contexts. This article addresses heterogeneous materials: historical background, anthropological arguments, research results, media information, regulations, etc., to analyze the case of the AMBA. Specifically, the text focuses on the practices employed during the months of the initial period of confinement in AMBA, from March 20 to November 9, 2020. This analysis sheds light on the ways in which proximity accusations and allegations lead to the fragmentation of social fabrics, deepen inequalities, and accentuate uncertainty about social responses to possible infection and death. They also compromise and distort epidemiological, preventive, and care strategies. While legal actions of the same type have taken place for other ailments and epidemics, proximity accusations and allegations, in this case, are understood as enabled and legitimized strategies that express and translate deep transformations —at the micro-scale of isolation— of the links between public health, legislation and security forces in social confinement regimes.

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