Tag: legal anthropology

When Sex Becomes a Matter of the State: Peciagraphy as a Qualitative Method for Examining Legal Cases

For the past ten years, I have been conducting ethnographic research on the Federal Supreme Court’s (STF) decisions on sexual identities in the Brazilian legal system. Despite the variety within this realm, I have always had the same guiding question: how do the STF and social movements perform sex as a matter of the state? (read more...)

Driver-Citizens and Technical Safety in India: Traffic Violations and Penalties in the Motor Vehicle Act 2019

One of the first things that gets discussed with reference to India is road traffic. Erstwhile known as a land of snake charmers, this classically orientalist image of the country has been displaced by a more technocratic obsession with road traffic and accidents[1]. While debates amongst the educated elite around the “appropriate” use of roads have been ongoing since the early colonial period[2], it is only more recently that road safety has begun to garner palpable urgency in its visibility as a social problem that needs to be solved by the Indian state. As such, with the United Nations declaring 2010-2020 as the ‘Decade for Action on Road Safety’, international pressure on the Global South to adopt road safety has only intensified[3]. (read more...)

Unpredictable Technologies: The need for thick description in regulatory decision-making

I call myself a scholar of information, communication, and technology with a view toward influencing law and policy. To that end, my motto over that last few years has been “Social Science matters!” And by that, I really mean that qualitative research, or research aimed at understanding how people and organizations actually use technology, is important for creating good law. To this end, ethnographic study, the kind that produces thick descriptions of people and culture, should be MO of any body tasked with writing regulations. Recently I was asked to participate in training a group of telecommunications regulators who want to conduct a regulatory impact assessment (RIA). A RIA is a thorough investigation of the possible impacts of a proposed or revised regulation. In the most basic sense, the investigation is used to forecast whether the new rule will achieve what it’s supposed to, and what else could happen. Countries around the world use RIAs to evaluate regulatory needs and possible interventions. US federal agencies have been required to conduct and submit RIAs since the early 1980s, and President Bill Clinton codified this requirement in 1993 with Executive Order 12866. A second executive order, 13563, requires that agencies use “the best available techniques to quantify anticipated present and future benefits and costs as accurately as possible.” (read more...)