bluuebunny/crossref_metadata_2025_split huggingface dataset:
Legal Traditions and Their Relation to Judicial Behaviour
Authors: Garoupa Nuno 
Published: December 2023

Abstract
The attitudinal model or the agency-based explanations are structured around individual preferences, incentives, and institutional interactions. Therefore, in general, their prescriptive implications are not conditional on a certain legal family. For example, the attitudinal model and the agency-based explanations do not rely on the traditional common law–civil law divide. Published in 1968, Dawson’s masterpiece, Oracles of the Law, influenced generations of comparative law scholars in addressing the relationship between judicial behaviour and legal traditions. The author argued that the distinction between common law and civil law explains how courts decide. This chapter integrates these two literatures—judicial politics and comparative law and finds that there is limited empirical evidence at the micro level assessing the impact of legal traditions on judicial behaviour.
How Personal Motivations Affect Judges’ Decisions
Authors: Epstein Lee , Knight Jack 
Published: December 2023

Abstract
Neither legal academics nor social scientists analyse judging solely through the ‘law versus politics’ dichotomy. They have instead expanded their theoretical toolkit to include four other approaches to judging, in addition to standard legalistic (law) and attitudinal (politics) accounts (all of which are covered in this Handbook). Here we focus on the labour market model, which emphasizes personal motivations for judicial choice, especially (i) job satisfaction, (ii) external satisfactions, (iii) leisure, (iv) salary, and (v) promotion. This chapter provides a brief introduction to the labour market model, with emphasis on the importance of the five key personal motivations. It then considers the motivations separately. For each of the key motivations, the chapter identifies the relevant literature and offers proposals for new research.
Network Analysis for the Comparative Study of Judicial Behaviour
Authors: Alschner Wolfgang 
Published: December 2023

Abstract
Network analysis facilitates the study of comparative judicial behaviour by reducing the complex social interplay of legal actors or the dense web of legal citations between judicial decisions to a set of nodes and ties. This simplification allows researchers to apply the theories, tools, and metrics of network analysis to law. As a result, they can reveal power brokers in legal networks or investigate how social structures affect normative change or inertia. Benefitting from the scalability of network tools, researchers can also explore thousands of citations to study empirically the rise and fall of precedent, to compare the use of prior case law across courts, or to challenge the conventional wisdom of textbooks on what constitutes a landmark case. Most importantly for this Handbook, network analysis helps researchers to study diverse courts and jurisdictions using the same tools and creating comparable results, which, in turn, informs our collective understanding of similarities and differences in judicial behaviour. This contribution introduces core network analysis concepts, showcases legal research on actor and document networks, and discusses challenges and promises of network analysis in law.
Lawyering in the Private Sector
Authors: Hsu Ching-Fang , Chang Yun-chien 
Published: December 2023

Abstract
This chapter reviews the literature on private sector lawyering. First summarizing a long line of literature following Marc Galanter’s 1974 classic, it explores studies that investigate whether attorney representation affects outcomes in judicial decisions, settlements, and other contexts, and why attorney representation matters. Then, this chapter gives an overview of the social science literature on the arrangement between attorneys and clients, in particular the fee arrangement and how selective lawyers are in bringing disputes to courts. Finally, this chapter argues that the future of the field of comparative lawyering behaviours lies in using research designs with cross-country data that brings us closer to the gold standard of causal inference. In particular, this chapter provides examples for each of the five such research designs (the most similar cases, the most different cases, prototypical cases, most difficult cases, and outlier cases) that Ran Hirschl insightfully proposes. Overall, the reviewed studies suggest that attorneys do make a difference, especially in adversarial systems. Represented parties gain an edge, perhaps because representation itself is a signal or because attorneys have substantive or relational advantage. The mechanism of attorney effects is the holy grail, and no-one yet may claim that it has been found.
The Form and Function of Oral Arguments in High Courts
Authors: Krehbiel Jay N. 
Published: December 2023

Abstract
Oral arguments provide one of the most significant—and visible—aspects of the judicial process. This chapter examines the comparative literature on this critical procedure, particularly at apex courts. It focuses on three central questions. Recognizing that at many high courts, hearings are the exception rather than the rule, the chapter first considers explanations for why courts hold hearings when they do. It emphasizes three prominent explanations: the need for information, the need for legitimacy, and the need for public awareness. The second section then engages with research on the conduct of hearings, including the length of proceedings, the extent to which judges speak, and how characteristics like gender affect proceedings. The third and final section of the chapter discusses the legal and political impact, if any, of hearings. In particular, the chapter examines the factors that allow or inhibit attorneys from persuading judges, as well as the effect of hearings on the political environment in which a court operates. Each section highlights work both from the US and comparative contexts to reveal the trends in studies of oral arguments as well as the opportunities created by expanding the scope of research beyond the US Supreme Court. Each section concludes with a discussion of potential avenues for future work, such as the systematic study of case complexity on the use of hearings and the impact of institutions like ombudsmen on the conduct and impact of the procedure. The chapter then ends with additional concluding thoughts and suggestions for further research.
Infant, Child, and Adolescent Development and the Law
Authors: Quas Jodi A. , Redlich Allison D. 
Published: December 2023

Abstract
The Oxford Handbook of Developmental Psychology and the Law includes two sections. The first section covers the developmental periods of Infancy and Childhood and Adolescence. The chapters included address a wide range of ways that children and youth come into contact with different facets of the justice system. At times, this contact is direct, with minors being questioned by forensic interviewers (as victims/witnesses or suspects) or participating in immigration, custody, or juvenile or criminal court hearings. At other times, the contact is indirect, with legal decisions being made on behalf of children that have profound implications for their futures. As described in this introductory chapter, the chapters reveal the complexity in children’s and adolescents’ experiences and the diverse ways that developmental science, law, policy, and practice can be considered in relation to one another.
Youth in Juvenile and Criminal Court
Authors: Zottoli Tina M. , Daftary-Kapur Tarika , Haney-Caron Emily 
Published: December 2023

Abstract
This chapter describes the legal processes experienced by youth involved in the juvenile or criminal courts of the United States. The first part of the chapter traces the history of the U.S. juvenile justice system from its origination in the Progressive Era through to the present day, emphasizing system changes that have been important for social science research on the legal system. It then describes modern processes in both juvenile and criminal courts, highlighting differences between the two systems. Next, the chapter explores research and scholarship related to youth adjudicatory hearings and trials, youth plea bargaining, and outcomes for youth involved in the legal system. The chapter concludes with a brief summary and suggestions for future research.
Pregnancy and Parenting in Prison
Authors: Shlafer Rebecca J. , Woolman Joanna , Howland Mariann A. 
Published: December 2023

Abstract
The majority of women involved in the criminal legal system are mothers, and approximately 3% to 4% of women entering prison are pregnant. This chapter explores how developmental science and the law interact and shape the experiences of pregnant women and mothers involved in the criminal legal system and their children before, during, and after incarceration. It considers how several areas of law, including criminal law, family law, and child welfare, coalesce to impact parents and children. The chapter attends closely to relevant principles of developmental science, including sensitive windows of development early in life and the salience of parent–child attachment relationships. The chapter concludes that, with a few exceptions, policies and laws often fail to address the unique needs of parents who are incarcerated and their children. This leaves much room for developmental science to be translated into evidence-based policies and practices to support these families.
Racial Disparities in Policing
Authors: Burke Kelly C. , Najdowski Cynthia J. , Stevenson Margaret C. 
Published: December 2023

Abstract
This chapter reviews the psychological consequences of racialized policing for people of color over the course of their lives, organizing the review within Bronfenbrenner’s social-ecological model and emerging science on racial, legal, and racial-legal socialization. First, the chapter considers the broader social climate that criminalizes and punishes people of color, and thereby generates racialized policing (macrosystem). Then, it turns to the institution and practice of policing and how this influences the way people of color come to think about their relationships with police (exosystem). Next, the chapter examines how vicarious experiences with police shape attitudes toward police (mesosystem), and how direct experiences and personal history factors influence how people of color experience, navigate, learn, and develop in response to police discrimination (microsystem). Finally, the chapter explores the cumulative effects of racialized policing on life outcomes and the evidence of coping and resilience among people of color, ending with implications for policy and practice.
Aging in the Criminal Justice System
Authors: Wylie Lindsey E. , Hubner Sarah 
Published: December 2023

Abstract
Adults aged 65 and older are the fastest growing subpopulation in the United States. Concurrent with general-population aging is a commensurate rise in the number of older adults involved in the criminal justice system, as both offenders and incarcerated individuals. Although older adults commit fewer and less serious crimes than younger adults, the proportion of older inmates continues to increase. This demographic shift precipitates rising costs, primarily associated with health care and end of life. To ensure older inmates’ safety and meet legal requirements, facilities will have to make physical and social accommodations. These improvements, aimed at developing age-competent systems for adults, may also extend to reformation of policy and practices. However, research on older adults and aging within the criminal justice system is notably lacking. Thus, future studies should expand on the understanding of this aging experience, ultimately aiming to improve the aging crisis in U.S. correctional facilities.
Reparative Governmentalities in Transitional Justice
Authors: Woolford Andrew 
Published: December 2023

Abstract
This chapter covers the key concepts of reparative governmentalities in transitional justice. It also elaborates on the reparations processes in settler colonial societies under the rubric of transitional justice. Transitional justice is used to govern through repair in settler colonial contexts, which specifies the reparative governmentalities that are operative in Canadian reparations for the wrongs committed through Indian Residential Schools. The chapter cites that redress processes are calibrated toward fostering justice for a wronged party while also affirming status quo societal conditions. It considers how to resist the diffusion of power through processes that are ostensibly intended to provide justice.
Defoe and Government
Authors: Hayton D. W. 
Published: December 2023

Abstract
This chapter discusses Daniel Defoe’s political work, mainly as a journalist and pamphleteer, and seeks to identify a consistency of political principles underlying a career which can appear opportunistic. Having evaluated Defoe’s writings in support of the 1688 Revolution, and his Whiggish defences of William III’s domestic and international policies, it moves to events after Anne’s accession, when Defoe’s controversial writings resulted in him being pilloried and imprisoned. Defoe accommodated himself to the government, writing under the patronage of Lord Godolphin and Robert Harley (later Earl of Oxford), as these politicians collaborated by turns with Whigs and Tories. The Anglo-Scottish Union (1707) and the Hanoverian succession (1714) were Defoe’s priorities: he was faithful to these causes although contemporaries accused him of being an unprincipled hireling, for example in defending the Tory peace campaign of 1711–13. The chapter concludes with Defoe’s dubious political dealings in the early years of the Whig ascendency under George I.
Defoe and Ecology
Authors: Cole Lucinda 
Published: December 2023

Abstract
Daniel Defoe experienced a lifetime of witnessing dramatic weather, occasional dearth, and periods of mass disease. Storms, fevers, freezes, plagues, and human or animal die-offs make their way into his writing, and, in complex ways, are related to concerns that we now identify under the rubric of ecology. Ecology, however, attributes to the non-human environment an autonomous moral value, whereas Defoe follows a broadly Lockean paradigm in asserting that what is good is what can be put to human use. Defoe extends Locke’s assumption that humans can use resources to improve or maintain living standards without ever exhausting them. Whether he is writing about climate, foreign landscapes, or non-human animal populations, Defoe’s emphasis on the infinite exploitability of God-given resources shapes his perception of humankind’s duty to remake the natural world into a vast storehouse of useful goods.
Introduction
Authors: Prescott Andrew , Wiggins Alison 
Published: December 2023

Abstract
This introduction outlines the vision set out by the thirty-five chapters that follow in this volume, Archives: Power, Truth, and Fiction. It emphasizes the urgent need for approaches to the archives that are interdisciplinary, global, cross-cultural, and that reach across professional knowledge siloes. We describe the ubiquitous and pluralistic character of the archive, which is both metaphor and material substance, framework and fission, and is continually evolving and being remade. The themes of ‘Power’ and of ‘Truth and Fiction’ that are highlighted in the title to this volume are here set in their larger intellectual contexts and the approaches taken by the various contributors are indicated. We outline the perceived advantages of our chosen structure in six thematic sections, which traverse periods, places, and professions and are designed to prioritize a concern with archives as process and performance: Conceptions, Frameworks, Materialities, Encounters & Evolution, Narrators, and Erasures & Exclusion. Our closing ‘coda’ analyses one iconic archival object, The Domesday Book, as an archival microcosm.
Where and What Are the Boundaries of the Archive?
Authors: Craven Louise 
Published: December 2023

Abstract
In the 2020s, archives are everywhere. Archives have moved from the past into the future, from the historical into the corporate, the community, and the personal. Archives now belong to everyone and to every type of organization wishing to store data. How has this happened? And where are the boundaries of the archive now? In approaching these questions, the issues surrounding automation and digitization in archives are examined, the relationship between archives, museums, and libraries is considered, new archives are addressed, and the roles of truth and fiction in archives are given new focus. Critical studies emerging from the archive sector and influential writings from within academic disciplines not traditionally associated with archives are analysed and the issues of time, memory, and narrative are discussed, and finally the future of the archive is considered.
Digitality and the Reconfigured Global Archive(s) of Forced Migration
Authors: Halilovich Hariz , Gilliland Anne J. 
Published: December 2023

Abstract
Movement has always been a part of the human and, by association, of the archival experience. Recent work on displacement by anthropologists and archival studies scholars has highlighted the interdependencies between both phenomena. The current era of global connectivity is simultaneously experiencing unprecedented levels of displacement and mass migration, that together have combined to create whole new and often unexpected forms of and uses for global archives. Previously locally situated communities, practices and stories have literally gone global. Original locales, especially if destroyed or inaccessible, are being reconstituted by globally dispersed translocal and virtual networks of people originating in or relating to a specific place who use these networks to document, preserve, or recover their memories, experiences, and communities. This chapter draws upon the authors’ fieldwork to tell the stories, and contemplate the nature, possibilities, and affects of such global archives for those who have been displaced.
Appraisal and Original Order
Authors: Prescott Andrew 
Published: December 2023

Abstract
This chapter introduces two fundamental components of archival practice: appraisal and original order. The most important power exercised by the archivist is deciding whether records are kept or destroyed, a process known as appraisal. Only a small proportion of records survive the appraisal process. The implications of appraisal and destruction are illustrated with reference to the Windrush scandal in the United Kingdom. In order to preserve information about the bureaucracy which created the archive, it is essential to preserve the original order file and other series. However, original order means that interpretations are inextricably tied into the corporate culture of the body which created the archive. Digital records challenge traditional approaches to appraisal and original order, and raise the possibility that we can transcend the power structures associated with the conventional archive.
More Content, Less Context
Authors: Van Hyning Victoria , Wolfe Heather 
Published: December 2023

Abstract
Current and future user expectations are not being met by the hierarchical structure of archival description and the emphasis on creating context that often comes at the expense of digitizing and releasing content in ways that are legible to both humans and machines. We propose a model of community and volunteer engagement that focuses limited staff time on the creation of web-searchable content through volunteer-driven ‘full text finding aids’ and scanning projects. Drawing on our individual experiences at the Folger and Zooniverse, and our collaboration on Shakespeare’s World, a crowdsourced transcription project, we advocate for community engagement via onsite and virtual crowdsourcing. Creating access to otherwise non-machine-readable content such as manuscript images, can expose archival silences, fill gaps in the historical record, better serve and include more diverse audiences, and create new pathways of discovery.
Sound and Vision
Authors: Popple Simon 
Published: December 2023

Abstract
Over the course of the past two decades the increasing digitization and accessibility of audio-visual archival materials has prompted both an ontological and participatory rethinking of the archive as a haptic and static textual repository. As we emerge from the initial shocks of the archive as digital projection we can start to assess where we currently stand and where we need to journey next using the audio-visual archive as a test-bed for new experiences and concepts. This chapter draws on current research to model the future potential of the audio-visual archive (and by extension other archival forms) and examines how the idea of the text as something fixed can be remade within a range of contexts. Drawing on examples of creative partnerships, experimental and contested practices it considers the new potentiality of the archive as a self-mediated, sensorious, and immersive experience that is increasingly integrated within social and cultural practices.
Digital Innovation and Archival Thinking
Authors: Goudarouli Eirini 
Published: December 2023

Abstract
This chapter opens up the discussion about the theoretical and methodological challenges that the complex digital environments and archival systems, and their evolving nature, bring to the archive. Its main focus is on the variety of complexities that the increasing volume of digital (both digitized and born-digital) records brings to the archival framework, requiring new capabilities and approaches on how best to curate the increasingly digital records. It reflects on some of the biggest challenges that we, at The National Archives UK, are facing as we seek to become a second-generation digital archive, that is digital by instinct and design. Finally, the chapter explores the benefits and opportunities that derive from the integrations of archival and computational thinking and practice; and how computational archival science can help us approach these pressing challenges, as well as the exciting opportunities, in new ways.
State Power and the Shaping of Archives in Malawi
Authors: Lihoma Paul 
Published: December 2023

Abstract
As government records were generated from 1891 after establishment of the colonial administration in Malawi, access to government records by members of the general public started in the 1950s. By analysing how government records have been used by the society for many decades to-date, this chapter demonstrates the inherent power of the archives and, for instance, how the society prior to independence tapped the archival power to equip themselves with research data, information, and knowledge for different purposes; how the emerging autocratic one-party regime exerted its power over the archives to stifle access by the majority; and how, after the minority ruling elite had lost the power resulting from introduction of the democratic rule, the archives was freed up and local masses who had suffered from various atrocities during the dictatorial regime, relied on the archives to hold their oppressors accountable and, eventually, get compensation from the State.
Finding Women in the Archives of 1381
Authors: Federico Sylvia 
Published: December 2023

Abstract
This chapter revisits the research I conducted at the Public Records Office (now The National Archives) in London in the mid-1990s, while a doctoral student investigating women’s participation in the ‘Great English Rising’ (or ‘Peasants’ Revolt’) of 1381. Using that experience as a touchstone through which to think about larger issues related to feminist archival practice, the chapter is part personal history, part discussion of my research results, and part reflection on cultural changes in the field of medieval studies over the last quarter century. The way in which archival structures can place barriers in the way of junior and inexperienced researchers are discussed and it is argued that it should be the shared mission of experienced researchers to demystify the field.