Governance by Data

2021 ◽  
Vol 17 (1) ◽  
Author(s):  
Fleur Johns
Keyword(s):  
Social Science ◽  
Digital Data ◽  
Annual Review ◽  
Publication Date ◽  
Time Data ◽  
Data Repositories ◽  
Data Flows ◽  
Hybrid Data ◽  
State Governance ◽  
Digital Objects

Law and social science scholars have long elucidated ways of governing built around state governance of populations and subjects. Yet many are now grappling with the growing prevalence of practices of governance that depart, to varying degrees, from received models. The profusion of digital data, and the deployment of machine learning in its analysis, are redirecting states’ and international organizations’ attention away from the governance of populations as such and toward the amassing, analysis, and mobilization of hybrid data repositories and real-time data flows for governance. Much of this work does not depend on state data sources or on conventional statistical models. The subjectivities nurtured by these techniques of governance are frequently not those of choosing individuals. Digital objects and mediators are increasingly prevalent at all scales. This article surveys how scholars are beginning to understand the nascent political technologies associated with this shift toward governance by data. Expected final online publication date for the Annual Review of Law and Social Science, Volume 17 is October 2021. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.

Advancing Socioeconomic Rights Through Interdisciplinary Factfinding: Opportunities and Challenges

2021 ◽  
Vol 17 (1) ◽  
Author(s):  
Sarah Knuckey ◽  
Joshua D. Fisher ◽  
Amanda M. Klasing ◽  
Tess Russo ◽  
Margaret L. Satterthwaite
Keyword(s):  
Human Rights ◽  
Mixed Methods ◽  
Social Science ◽  
Science Volume ◽  
Lessons Learned ◽  
Limited Resources ◽  
Annual Review ◽  
Publication Date ◽  
Socioeconomic Rights ◽  
Human Rights Movement

The human rights movement is increasingly using interdisciplinary, multidisciplinary, mixed-methods, and quantitative factfinding. There has been too little analysis of these shifts. This article examines some of the opportunities and challenges of these methods, focusing on the investigation of socioeconomic human rights. By potentially expanding the amount and types of evidence available, factfinding's accuracy and persuasiveness can be strengthened, bolstering rights claims. However, such methods can also present significant challenges and may pose risks in individual cases and to the human rights movement generally. Interdisciplinary methods can be costly in human, financial, and technical resources; are sometimes challenging to implement; may divert limited resources from other work; can reify inequalities; may produce “expertise” that disempowers rightsholders; and could raise investigation standards to an infeasible or counterproductive level. This article includes lessons learned and questions to guide researchers and human rights advocates considering mixed-methods human rights factfinding. Expected final online publication date for the Annual Review of Law and Social Science, Volume 17 is October 2021. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.

scholarly journals The Causes and Consequences of Urban Riot and Unrest

2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Tim Newburn
Keyword(s):  
Life Cycle ◽  
Social Science ◽  
Subject Matter ◽  
Online Publication ◽  
Annual Review ◽  
Publication Date ◽  
Crowd Behavior ◽  
Life Cycle Model ◽  
Cycle Model ◽  
Critical Overview

This review explores those varied bodies of work that have sought to understand crowd behavior and violent crowd conduct in particular. Although the study of such collective conduct was once considered central to social science, this has long ceased to be the case and in many respects the study of protest and riot now receives relatively little attention, especially within criminology. In addition to offering a critical overview of work in this field, this review argues in favor of an expanded conception of its subject matter. In recent times, scholarly concern has increasingly been focused on questions of etiology, i.e., asking how and why events such as riots occur, with the consequence that less attention is paid to other, arguably equally important questions, including how riots spread, how they end, and, critically, what happens in their aftermath. Accordingly, as a corrective, the review proposes a life-cycle model of riots. Expected final online publication date for the Annual Review of Criminology, Volume 4 is January 13, 2021. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.

scholarly journals Replicability in Empirical Legal Research

2021 ◽  
Vol 17 (1) ◽  
Author(s):  
Jason M. Chin ◽  
Kathryn Zeiler
Keyword(s):  
Social Sciences ◽  
Social Science ◽  
Science Volume ◽  
Reform Movement ◽  
Annual Review ◽  
Publication Date ◽  
Legal Research ◽  
Current State ◽  
The Social ◽  
Statistical Issues

As part of a broader methodological reform movement, scientists are increasingly interested in improving the replicability of their research. Replicability allows others to perform replications to explore potential errors and statistical issues that might call the original results into question. Little attention, however, has been paid to the state of replicability in the field of empirical legal research (ELR). Quality is especially important in this field because empirical legal researchers produce work that is regularly relied upon by courts and other legal bodies. In this review, we summarize the current state of ELR relative to the broader movement toward replicability in the social sciences. As part of that aim, we summarize recent collective replication efforts in ELR and transparency and replicability guidelines adopted by journals that publish ELR. Based on this review, ELR seems to be lagging other fields in implementing reforms. We conclude with suggestions for reforms that might encourage improved replicability. Expected final online publication date for the Annual Review of Law and Social Science, Volume 17 is October 2021. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.

Infrastructures and Laws: Publics and Publicness

2021 ◽  
Vol 17 (1) ◽  
Author(s):  
Benedict Kingsbury ◽  
Nahuel Maisley
Keyword(s):  
Social Science ◽  
Political Theory ◽  
Online Publication ◽  
Power Relations ◽  
Science Volume ◽  
Annual Review ◽  
Publication Date ◽  
Public Action ◽  
Beneficial Effects ◽  
Nancy Fraser

Infrastructures are technical-social assemblages infused in politics and power relations. They spur public action, prompting increased scholarly reference to the practices of infrastructural publics. This article explores the normative and conceptual meanings of infrastructures, publics, and infrastructural publics. It distills from political theory traditions of Hannah Arendt, Jürgen Habermas, and Nancy Fraser a normative ideal of publics composed of the persons subject to a particular configuration of power relations that may significantly affect their autonomy. Autonomy can be seriously affected not only by existing or planned infrastructures, with their existing or anticipating users and workers and objectors, but also by the lack of an infrastructure or by the terms of infrastructural exclusions, rationings, channelings, and fiscal impositions. Legal-institutional mechanisms provide some of the means for infrastructural publics to act and be heard, and for conflicts between or within different publics to be addressed, operationalizing legal ideas of publicness. These mechanisms are often underprovided or misaligned with infrastructure. One reason is the murkiness and insecurity of relations of infrastructural publics to legal publics constituted or framed as such by institutions and instruments of law and governance. We argue that thoughtful integration of infrastructural and legal scaling and design, accompanied by a normative aspiration to publicness, may have beneficial effects. Expected final online publication date for the Annual Review of Law and Social Science, Volume 17 is October 2021. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.

Hobbling: The Effects of Proactive Policing and Mass Imprisonment on Children's Education

2021 ◽  
Vol 17 (1) ◽  
Author(s):  
Benjamin Justice
Keyword(s):  
Criminal Justice ◽  
Public Education ◽  
Social Science ◽  
Social Process ◽  
Social Science Research ◽  
Good Deal ◽  
Annual Review ◽  
Publication Date ◽  
American Children ◽  
The Relationship

Researchers have written a good deal in the last two decades about the relationship between public education and criminal justice as a pipeline by which public school practices correlate with or cause increased lifetime risk for incarceration for Black and Latinx youth. This article flips the script of the school-to-prison pipeline metaphor by reversing the question. What are the effects of criminal justice on public schooling? Reviewing recent social science research from multiple disciplines on policing and incarceration, this article describes the relationship of criminal justice to public education as hobbling, a social process by which the massification of policing and incarceration systematically compromises the ability of target demographics of American children to enjoy their rights to a free and appropriate public education. Expected final online publication date for the Annual Review of Law and Social Science, Volume 17 is October 2021. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.

Transitional Justice and Property: Inextricably Linked

2021 ◽  
Vol 17 (1) ◽  
Author(s):  
Helena Alviar García
Keyword(s):  
Civil War ◽  
Social Science ◽  
Transitional Justice ◽  
Online Publication ◽  
Science Volume ◽  
Annual Review ◽  
Publication Date ◽  
Academic Literature ◽  
Peace Negotiations ◽  
Gender Biases

This article analyzes the different ways in which transitional justice has dealt with demands over property restitution and redistribution. To do this, it presents a review of academic literature regarding how to define reparation, the justifications for restitution, and the debate regarding property redistribution as a part of peace negotiations. The article ends with a synthesis of the different critiques raised to the ways in which restitution and redistribution of property have been legally structured. These critiques include foregrounding neoliberalism (as an economic ideal and a governance project) in transitional justice, unveiling gender biases as well as demands for more comprehensive redistribution in the aftermath of civil war. Expected final online publication date for the Annual Review of Law and Social Science, Volume 17 is October 2021. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.

scholarly journals A Common Space Approach to Comparative Neuroscience

2021 ◽  
Vol 44 (1) ◽  
Author(s):  
Rogier B. Mars ◽  
Saad Jbabdi ◽  
Matthew F.S. Rushworth
Keyword(s):  
Single Species ◽  
Digital Data ◽  
Annual Review ◽  
Publication Date ◽  
Data Sets ◽  
Brain Organization ◽  
Common Space ◽  
Feature Spaces ◽  
Comparative Neuroscience ◽  
Space Approach

Comparative neuroscience is entering the era of big data. New high-throughput methods and data-sharing initiatives have resulted in the availability of large, digital data sets containing many types of data from ever more species. Here, we present a framework for exploiting the new possibilities offered. The multimodality of the data allows vertical translations, which are comparisons of different aspects of brain organization within a single species and across scales. Horizontal translations compare particular aspects of brain organization across species, often by building abstract feature spaces. Combining vertical and horizontal translations allows for more sophisticated comparisons, including relating principles of brain organization across species by contrasting horizontal translations, and for making formal predictions of unobtainable data based on observed results in a model species. Expected final online publication date for the Annual Review of Neuroscience, Volume 44 is July 2021. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.

scholarly journals The Power of Beliefs

2021 ◽  
Vol 25 (1) ◽  
Author(s):  
Margaret Levi
Keyword(s):  
Political Economy ◽  
Social Science ◽  
Rational Choice ◽  
Building Block ◽  
Online Publication ◽  
Science Volume ◽  
Annual Review ◽  
Publication Date ◽  
Early Adoption ◽  
Empirical Social Science

My commitment to combining normative concerns with empirical social science led, perhaps a bit counterintuitively, to early adoption of rational choice political economy. However, it was a modified form of rational choice that takes into account ethical and societal concerns. This was the approach I applied to considerations of compliance and consent with government, what makes a trustworthy government, the formation of legitimating beliefs, and finally the construction of an expanded and inclusive community of fate as a building block for a new moral political economy. Expected final online publication date for the Annual Review of Political Science, Volume 25 is May 2022. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.

Social Theory and Legal Theory: Contemporary Interactions

2021 ◽  
Vol 17 (1) ◽  
Author(s):  
Roger Cotterrell
Keyword(s):  
Social Science ◽  
Social Theory ◽  
Online Publication ◽  
Legal Theory ◽  
Science Volume ◽  
Annual Review ◽  
Publication Date ◽  
Social Phenomenon ◽  
Current Range ◽  
Theoretical Perspectives

This article identifies points of comparison between legal theory and social theory and possibilities for research communication between them. The current range of both fields is such that each must be seen as a compendium of very diverse intellectual projects. So, the article explores particular contemporary themes around which the interests of juristic scholars and social theorists are converging, albeit that their theoretical aims often differ. Contrasting and complementary juristic and social theoretical perspectives are considered in relation to the following: the future of legal individualism, the identity of law as a social phenomenon, the relations of law and power, the contribution of law to societal integration, and the changing relation of law and the state. The article argues that these five themes reveal major intellectual challenges for both legal theory and social theory and productive future areas for inquiry. Expected final online publication date for the Annual Review of Law and Social Science, Volume 17 is October 2021. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.

scholarly journals Machine Learning for Social Science: An Agnostic Approach

2021 ◽  
Vol 24 (1) ◽  
Author(s):  
Justin Grimmer ◽  
Margaret E. Roberts ◽  
Brandon M. Stewart
Keyword(s):  
Social Sciences ◽  
Machine Learning ◽  
Social Science ◽  
Scientific Data ◽  
Annual Review ◽  
Publication Date ◽  
Learning Methods ◽  
Machine Learning Methods ◽  
The Social ◽  
Wide Range

Social scientists are now in an era of data abundance, and machine learning tools are increasingly used to extract meaning from data sets both massive and small. We explain how the inclusion of machine learning in the social sciences requires us to rethink not only applications of machine learning methods but also best practices in the social sciences. In contrast to the traditional tasks for machine learning in computer science and statistics, when machine learning is applied to social scientific data, it is used to discover new concepts, measure the prevalence of those concepts, assess causal effects, and make predictions. The abundance of data and resources facilitates the move away from a deductive social science to a more sequential, interactive, and ultimately inductive approach to inference. We explain how an agnostic approach to machine learning methods focused on the social science tasks facilitates progress across a wide range of questions. Expected final online publication date for the Annual Review of Political Science, Volume 24 is May 2021. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.

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