Summary Exam Overview of terminology and what to find where, for 2122-S1 Lawmaking, Politics and Society exam
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Course
Lawmaking, Politics and Society (2122S1)
Institution
Universiteit Leiden (UL)
Overview giving the most important terminology per article and lecture. Definitions of some important concepts, e.g., New Terrorism, Actuarialism, Risk Society, Governmentality, are given.
Be careful not to copy anything directly from this document into the exam, as it might give you plagiarism...
Lecture 1 – The Policy Making Process Positionality (related to WPR reflexivity)
Bacchi (2009)* Foucauldian vibes; WPR-approach; discourseD ; dividing practices1 & stigmatization; political
rationalities2
Diez-Ripolles (2019) Rational decision-making in law - ideological counter to symbolic lawmaking;
Xanthaki (2018): legislative quality Efficacy, Effectiveness, Subjectivity & Flexibility;
1) problem representations often set groups of people in opposition to each other - 'dividing practices' (Foucault, 1982, p.208). The stigmatization of the minority group serves a governmental
purpose: encouraging desired behaviour among the majority.
2) Governmental or political rationalities form patterns of thinking about problems; a currently popular style of problematization is making individuals themselves primarily responsible for
their lives.
Lecture 2 – Criminalization Processes
Jenness (2004):
Wilenmann (2019): Symbolic conflict/ Symbolic criminalization (political goals); discourse D; shared identity vs alien
identity;
Auerhahn (1999)* Theory of criminalization - Split labor market; US anti-drug legislation; moral panic; discourse D;
Lecture 3 – Lawmaking Globalized World
Perez (2006): Translation of laws; empowerment executive – less power legislative;
Zamboni (2007): Globalization of (politics of/policy of) law; translation of laws; discretion
Halliday (2009): Recursivity/ cyclicity of lawmaking. Law in the books/ Law in action; global normmaking
Lecture 4/5 – Risk, precaution & prevention Precaution, pre-crime, risk society, preventive/actuarial justice, governmentality
De Sousa Santos (1987): Law as imagined reality;
Weber (2003): Reasons for Discretion (law in the books/ law in action);
Van der Woude (2020): lack of harmonization of intra-Schengen mobility explained by Zamboni’s notion of translation;
interlegality and discretion;
Mythen & Walklate (2005): Risk Society (manufactured risks; modernity) & Governmentality (discourse, actuarial
assessment);
McCulloch & Pickering (2009): pre-crimeD; the framing of criminal law as national security problem (discourse); relates back to
the war of crime and drugs.
Zedner & Ashworth (2019): preventive state;
Lecture 6 – A Culture of Control Enemy penologyD; strategies of dealing with crime (adaptation/ denial)
Crawford (2009): Governing through anti-social behavior (governmentality; social control; discretion; actuarial
justiceD); discretionary power
Culture of Control; modernityD; institutionalized experience of crime; governmental strategies
Garland (2000): High Crime Society (adaptation & denial – HC 6); responsibilizationD; preventive partnerships; the alien other
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