Browsing by Author "Hersant, Jeanne Marie Daniele"

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    El desafío del trabajo interdisciplinario para el acceso a la justicia
    (Tirant Lo Blanch, 2022) Hersant, Jeanne Marie Daniele; Azócar Simonet, Rodrigo; Guerra Aburto, Liliana; Palacios Pizarro, Estefania; Villalonga Torrijo, Cristián
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    Judicial politics on the ground
    (2017) Hersant, Jeanne Marie Daniele; Vigour, Cecile
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    Observing courtrooms in contexts of exceptionality
    (2023) Hersant, Jeanne Marie Daniele; Miranda Pérez, Fabiola; Flower, Lisa; Klosterkamp, Sarah
    Chile has gone through two consecutive periods of exceptionality between late 2019 and mid-2021. By exceptionality, we refer to the suspension of fundamental rights such as freedom of movement, access to education and justice. The protests known as the “Chilean October” of 2019, characterised by many human rights violations performed by police forces during more than two months, preceded the Covid-19 pandemic, which led to highly restrictive measures in Chile. To be more specific, on October 18, 2019, a constitutional state of emergency (estado de excepción constitucional de emergencia) was declared for a fortnight, a mechanism that has never been used in the country in democratic times and which involves a curfew and control of civil security by the military. In March 2020 was decreed a constitutional state of disaster (estado de excepción constitucional de catástrofe) that lasted 18 months, included a curfew and led to the massive closure of public institutions, including schools and courts of justice, which began operating solely remotely. Both periods of exceptionality had a direct impact on our ethnographic work given they affected the conditions of observation of justice in the making in courts, as well as the possibility to interact closely with our interviewees outside the courtrooms. In this chapter we show how exceptionality disrupted our data collection, and how we negotiated exceptionality by adapting our data collection strategies.
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    On victims, social proof, and hand-stitched judicial files in Chile’s inquisitorial criminal justice system (1991-2004)
    (2019) Hersant, Jeanne Marie Daniele
    This article handles the issue of the elaboration of judicial proof in the Chilean inquisitorial judicial system where there is no status for victims. We address the issues of access to justice and ordinary punishment in Latin America while both issues are often eclips by study of the transitional justice process. In the Chilean inquisitorial justice system, judges’ formal prerogatives – investigation, prosecution and sometimes even the writing and enunciation of the verdict – were de facto exercised by poorly qualified court clerks who sought a confession at any price. As far as the status of victim is concerned, two features of the Chilean inquisitorial criminal procedure can be emphasized. First, we describe the social configuration of lower criminal courts at the end of the 1990s. Second, the analysis of judicial files allows us to shed light on the “social proof” which crime victims or perpetrators had to overcome.
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    Paralegals and the casualization of legal labour markets
    (Hart Publishing, 2022) Hersant, Jeanne Marie Daniele; Hersant, Jeanne; Holvast, Nina; Sandefur, Rebecca L.; Sommerlad, Hilary; Abel, Richard
    Hilary Sommerlad Jeanne Hersant Nina Holvast Luca Verzelloni Stefanie Gustafsson Rebecca L Sandefur Tom Clarke Hilary Sommerlad The market-oriented economic and social revolutions which were transforming Western societies from the end of the eighteenth century (Polanyi 1957) enabled some actors to gain ‘control over a set of work-related tasks … organize a body of knowledge around those tasks … and fend off incursions from other social groups into [their] domain’ (Ryfe 2017: xx) . The success of this ‘boundary work’ (Gieryn 1983) therefore turned on establishing the cognitive exclusivity and superiority of their services and controlling the ‘production of producers’ (Larson 2013) . As major forces in the developing rationalisation of society, this task entailed objective verification of professional competence, thereby connecting inequality to expertise rather than social category (ibid) . Since this expertise was inseparable from the person (and personality) of the professional, creating social credit also necessitated the...
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    Patronage and rationalization. Reform to criminal procedure in Chile
    (2017) Hersant, Jeanne Marie Daniele
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    The virtues of improvisation: Ethnography without an ethics protocol
    (2013) Hersant, Jeanne Marie Daniele