Harry J. Kalven Jr Prize Winners

Year

Individual(s)

Basis for the Award

2013

Donald Black,
University of Virginia

Donald Black asks fundamental questions about law’s authority and efficacy – in its practices of deliberation, legitimation and communication; in the ways these reformulate cultural ideas from wider, non-legal domains; and as ideas that spark new research and reflection. His insights travel readily across disciplines and borders. His publications have been widely recognized, reprinted, and translated – including languages underrepresented in our transnational community of scholars. From his early work on the social organization of law and “the behavior of law” to studies of policing and on-going explorations of ethics, temporality and the idea of justice, Black’s sociological imagination has been a vital example and generative resource for law and society scholarship.
2013 Franklin Zimring
University of California, Berkeley
Franklin Zimring has made wide-ranging contributions to law and society research through his studies of crime and criminal law’s attempts to control it, especially with regard to lethal violence and its instrumentalities; the effects of imprisonment; criminal sentencing; adolescent crime and juvenile justice policy; and capital punishment. In each of his main areas of endeavor, his work has influenced scholarship and U.S. public policy, and continues to do so. His many publications across the fields of law and the social sciences have charted new pathways for other researchers, improving our understandings of crime and the potential for theorizing in criminology. His work has helped advance public policy committed to reducing crime and advancing human rights.
2012 John Hagan John Hagan has played a leadership role in the law and society community of scholars for more than three decades on issues of criminal justice and inequality, spanning topics from human rights to the legal profession.  The results of his research have appeared prominently in the pages of the Law & Society Review beginning in 1975 with an article, “Extra-Legal Activities and Criminal Sentencing,” to a 2012 paper on the effects of maternal and paternal imprisonment on the “Children of the American Prison Generation.” Through a remarkable series of books, he has advanced scholarship on a range of law and society topics including the ground-breaking books on gender in the legal profession, homelessness and youth crime, law and war resistance, international criminal law and most recently theories and policies of street and suite crime, “Who are the criminals?”  Perhaps his most widely read book, by the public as well as scholars, is Darfur and the Crime of Genocide (with Wenona Rymond-Richmond). With his imaginative juxtaposition of sources and meticulous analysis of data this work played an early and leading role in establishing the scale and state-led sources of the killing and sexual violence in Darfur that emphasized by documenting the gendered component of genocidal violence. Because of John Hagan’s innovative empirical contributions to public debates about domestic and international issues involving, crime, justice and inequality, the Law and Society Association awards him the 2012 Harry Kalven prize for effectively advancing knowledge of law in society.
2011 Carol J. Greenhouse
(co-winner)


















Boaventura de Sousa Santos
(co-winner)

With broad interests in the ethnography of law, culture, and politics, and a past president of this Association, Carol Greenhouse has become widely influential across multiple fields, including law and society, anthropology, political science, communications, gender studies, and sociology. In her many works, ranging from contemporary studies of the moral and religious bases of conflict, justice, and change in American communities, to historical investigations of temporal innovation in social resistance to colonial invaders, Greenhouse has underscored the importance of understanding the cultural construction of law. She has championed and modeled a reflexive ethnography that focuses on state power – especially federal power in the United States – as it is experienced and contested on the ground. This approach has enabled Greenhouse to confront in her own works and to inspire others to explore the experiential dimensions of big questions about the interplay of law, social inequality and difference, postmodernity, cultural pluralism, and ethnographic genres as forms of knowledge. Greenhouse’s most recent collaborative writings embody her commitment to explore the effects of neoliberal reform on people’s everyday self-understandings as social, legal, and political actors.

During his long, distinguished and extraordinarily prolific scholarly career, Boaventura de Sousa Santos has exemplified and thus predicted the key traits of the modern law and society movement: interdisciplinarity, multi-culturalism, and an international (now global) understanding of law. In his many writings on subjects ranging from the sociology of law to human rights, from law and democracy to legal pluralism, and more recently to law and globalization – Boa Santos has not only consistently opened up new subjects and perspectives, and developed new concepts for empirical and theoretical analysis in ways that have inspired generations of scholars to follow his interests and example, he has also, just as consistently, championed those excluded from civil society as it is conceived in the Western tradition, seeking new definitions of the key concepts of our time – transnationalism, globalization – that will mobilize rather than disempower the world’s majorities. Based since 1965 at the University of Coimbra, Portugal, Boa Santos has taught throughout Europe and the Americas, developing in particular a long and productive relationship with the Law School at the University of Wisconsin, Madison. He is the author or editor of more than eighty books and countless articles in multiple languages. More important, Boa Santos has never ceased to use his academic expertise and influence to struggle for the unorganized and the disinherited.
2010 Shari Seidman Diamond

 Shari Seidman Diamond is an outstanding scholar whose empirical scholarship, leadership in sociolegal studies, and contributions to legal policy are richly deserving of the Kalven Prize. From her earliest work on sentencing and the effects of peremptory challenges, to her current research programs on civil juries and the psychology of property, Diamond has conducted empirical work that is exciting, innovative, and of the highest quality. She has developed an impressive body of scholarly accomplishment about the legal decision making of lay persons and experts, about the role of discretion in law across a range of settings, and about the complex intersection of science and law. Rather than specialize in a single type of empirical inquiry, Diamond fits her research approach to the topic at hand, making use of a broad range of quantitative and qualitative research methodologies. These range from experiments and simulations to survey, observational and archival methods. In addition to pioneering novel research approaches, her writings about methodology have guided the thinking and work of students, colleagues, and scholars for decades.
    In addition to Diamond’s outstanding scholarship and leadership in the field of sociolegal studies, she has been a tireless and effective translator of that work to those outside the academy. She keeps an eye focused on the real-world implications of sociolegal scholarship, and shares her insights widely not only with her students and other scholars but also with lawyers, judges, and policymakers. The Kalven Prize recognizes Shari Diamond’s career-long contributions to broadening and deepening our understanding of sociolegal issues of theoretical and applied significance.

2009 Susan S. Silbey  Susan Silbey has a long and distinguished record of organizational and scholarly contributions to the sociology of law, and to this association.  Her first publication, in 1981, remains foundational to understanding the work of lower-level courts, still a much-neglected topic. Many early writings were concerned with civil disputes and their resolution, where she made important contributions to the critical understanding of mediation both as a process and as a social phenomenon.  This led into her celebrated collaboration with Patricia Ewick on studies of legal consciousness, a series of contributions examining law in the everyday life and thinking of ordinary people.  Alongside this, she has produced a stream of theoretical and methodological papers that have cemented her reputation well beyond the usual boundaries of law and society, and insisted of its relevance to many scholars who would not normally recognize the presence of law in their research domain. However, the criteria for this award stipulate that it is not purely for lifetime achievement but must also recognize current activity.  In this respect, we also commend Susan’s continuing work on the “Green Laboratory” project.  At one level, this is a classic study of the impact of regulation.  At another, it tells a story about the encounter between law and the university that has profound implications for us all.  Will regulatory law restructure university science – with inevitable consequences for many of us here as other departments are forced to adopt similar models?  Or will university science restructure regulatory law, creating a competitor to the bureaucratic models that have dominated for a generation and more? This is the kind of ambitious question that Susan has addressed throughout her career, an ambition that the Kalven prize justly acknowledges. 
2008 Jean Comaroff
John Comaroff

 
Jean and John Comaroff both individually and together are leading figures in cultural anthropology, renowned especially for their joint work on legality as a register of history, consciousness, and contemporary politics of culture. Their ethnographic analyses of law as a site of indigenous agency in colonial and postcolonial South Africa, and as a cultural context for the emergence of rights consciousness out of colonial experience, have influenced many scholars. Their contribution to the empirical study of law and society in the broadest sense has been to theorize the processes through which culture becomes recognizable as social identity. They have made major contributions to field-based ethnographic methodology on key questions of agency, creativity, power and meaning (and their interrelationships). Their projects discern and probe evidence of consciousness, contestation and context that make imagination simultaneously an ethnographic question and a force of history. Their work keyed to repertoires of signs and practices in open-ended dialectics delves deeply into the specificities of ethnography and history for the meanings (always plural) of the moment.  Their influence, from their early careers in the UK to their present eminence in the US, is no doubt partly a reflection of the dedication and energy they bring to their collegiality and pedagogy. They are famously devoted teachers and generous colleagues. But the creativity and importance of their ethnographic approach is evident all along the lengthy trail of their published work, through its ethnographic openings and innovative debates over the legality of culture and the culturality of law, in theory and practice.
2007 Sally Engle Merry Sally Merry is a prolific scholar, who has produced a substantial, original, and consistently high quality body of empirical scholarship spanning more than a quarter century. Her empirical, often ethnographic, research is characterized by meticulous attention to detail and is well grounded in the actual operation of legal systems. Yet the work simultaneously implicates fundamental themes of law and society research. In investigating the role of law in social change, for example, Merry has highlighted as well as any scholar the meaning making role of law, the interplay of resistance to and appropriation of legal norms, and the contradictory relation of law and inequality. Law may legitimate, and thereby entrench, inequalities of gender,  race, or class. However, law may also challenge such unjust hierarchies and facilitate social change. Merry’s work reminds that the consequences of law very much depend on the local context, the critical features of which Merry has illuminated partly through comparative analysis of different social or national settings. While intellectually rigorous, her scholarship is also socially meaningful and policy relevant. In addressing questions of human rights and violence against women in particular, Merry demonstrates that the best of scholarship need not abandon a commitment to social justice. Merry has also played an important role in the institutional development of law and society research.
2006 Robert A. Kagan Robert Kagan is widely known for the significance and breadth of his empirical scholarship and for advancing major lines of research. His central contributions cut across studies of the courts, regulatory decision-making, administrative rulemaking, and the legal profession. Bringing a comparative institutions perspective, it is notable that his work has examined legal processes over time and across contexts. It is equally as notable that Kagan's expansiveness has led to the pursuit of collaborative research with scholars also rich and diverse in their perspectives and lines of inquiry.
2005 Sally Falk Moore Sally Falk Moore has devoted nearly half a century to thinking profoundly about the foundational issues in law and society, in African studies, and in anthropology more generally. Moore speaks to many audiences at once. She generates new anthropological knowledge, but also contributes to important policy debates. She was a global scholar before anyone had a term for this point of departure. Her career is enviably long, brilliant, engaged, and productive. She was, in her first professional life, a lawyer and prosecutor of Nazi war crimes in the famous Nuremberg trials. Moore respects human creativity and ingenuity. She shows her respect in arguing for democratic procedures in development. Moore remains optimistic and passionate about the potential for human improvement through knowledge. She shows this in her continuing devotion to research and writing. Moore believes that human misery demands an explanation, and efforts to change that situation. Africa is a continuing focus of her research, not only because it is interesting, but also because its circumstances are tragic.
2004 John Braithwaite Braithwaite's prolific contributions include three distinct lines of scholarly work, on corporate wrongdoing, international business regulation, and restorative justice, all of which speak to different aspects of social control. His work inspires law professors, criminologists, social scientists of law, activists, and legal practitioners. He contributes regularly to policy debates over law, crime and justice, and the promotion of legal reformers in Australia and elsewhere in the world.
2003 Philip Selznick Selznick's work, which is still in progress, spans over sixty years and several disciplinary domains. He has been a major figure in each of the fields he has touched, and one of a very few to have been an influential participant in them all. His books, Law, Society, and Industrial Justice (1969) and Law and Society in Transition: Toward Responsive Law (1978, with P. Nonet) continue to influence and stimulate work in law and society. He also played an important role for the field in the creation and direction of the Center for Study of Law and Society (UC-Berkeley)
2002 Jane Collier
(co-winner)





David Trubek
(co-winner)
Collier has been one of the central figures shaping work in legal anthropology in the past thirty years. Her work in Chiapas, which begin in the mid-1960s and continues into the present has focused on the ways that growing class divisions between rich and poor that accompany the spread of wage labor contribute to transformations in legal procedures that disintegrate local communities.

Trubek has had a long and productive career as a law and society scholar. His early work (in the 60s and 70s) was on "law and development," focused on Brazil. The second stage of his scholarship explored the intersections between critical legal studies and the mainstream of law and society scholarship. The more recent phase, has focused on globalization of law, with particular emphases on labor relations and issues related to transformations in legal practice.
2001 Stuart Scheingold Scheingold's inquiries regarding law as a tradition of discourse, the "symbolic" power and politics of law, and how understandings and beliefs about law shape legal practice -- all anticipated, interacted with, and contributed to the "interpretative turn" in sociolegal studies over the last two decades. As such, his intellectual legacy is both broad and deep. At the heart of all Scheingold's work is a deep concern for analyzing both the promises and, especially, the failings of law in securing justice with social relations. It is this combination of commitment to social justice and a boldly original scholarly agenda that has marked his important influence on law and society inquiry.
2000 E. Allan Lind
Tom R. Tyler
Although both Lind and Tyler have made significant independent contributions as sociolegal scholars, their collaborative work in the social psychology of justice, and in particular in the area of procedural justice, represents the sort of "paradigm shifting" scholarship that the Kalven Prize is intended to honor. By articulating fundamental questions regarding the consciousness of legal structures and procedures, Tyler and Lind's work has served as a catalyst within the field. Their research employs the distinctive methodological and conceptual tools of social psychology. Yet even scholars who do not share their social psychological perspective have profitably appropriated their conceptual and analytic innovations. Our understanding of justice as an empirical concept has been forever altered by their work.
1999 Martha L. Fineman
(co-winner)







Joel F. Handler
(co-winner)
For her intellectual leadership in the study of gender, law, and the family. Her empirical examination of the legal and social work discourses applied in custory cases to critique "equality"-based reforms and her subsequent work on the discourses through which welfare and single mothers are represented within legal and political frames have been provocative and powerful, as have her theoretical proposals, based on empirical research, for re-envisioning the role of law in families and marriage

For outstanding research contributions spanning three decades. In focusing on "social reform groups" Handler has taken up significant theoretical questions about relational dynamics – of the individual to the group, and of groups to the state. He is a leading scholar on poverty, welfare, and the state. The wide reach of his work is demonstrated by the substantial attention it has achieved in the fields of political sociology, political science, social work, public policy, education, and law, as well as in sociolegal studies.
1997 Richard Lempert
(co-winner)





Austin Sarat
(co-winner)
For work that exemplifies the finest in sociological research on informal justice. In his careful field work and analysis, he has significantly contributed to our understanding of the uses of discretion, the influence of legal counsel, and the role of cultural differences in the interpretation of meaningful explanations. He has also made important contributions in recent social scientific writing and in his widely used and respected volume, An Invitation to Law and Social Science: Deserts, Disputes and Distribution.

For his major contributions to the field of sociolegal research by combining careful empirical and conceptual work on violence and the law in its varied forms; and for his intellectual leadership in introducing new methodologies and traditions of scholarship to the law and sociology field.
1995

Stewart Macaulay
(co-winner)  

Laura Nader
(co-winner)

Each is a major figure whose separate work has brought important currents into law and society in its formative period and helped configure the field, and who have each continued to make substantial and original contributions. Each, also, is an individual whose intellectual versatility and energy have contributed to the interdisciplinary dialogue at the core of the law and society enterprise.
1993 Marc Galanter For his landmark empirical studies of law and social change in India and equally impressive empirical studies in the United States, most recently focusing on large American law firms, resulting in (with Thomas Palay, 1991) Tournament of Lawyers: The Transformation of the Big Law Firm.
1992 Lawrence Friedman For his prolific writing and empirical studies, past and recent, that have touched many of the major themes in the law and society movement and for the influence on scholars in the law and society community of his ideas, values and dedication.
1989 Richard Abel In recognition of his extensive body of comparative work on the legal profession; his research on lawyers is a distinguished and influential example of the best in research on law and society
1987 John Heinz and Edward Lauman
(co-winners)

David Baldus, Charles Pulaski,
George Woodworth
(co-winners) 
For the quality of empirical work and rigorous analysis demonstrated in Chicago Lawyers: The Social Structure of the Bar.


For the quality of work directed to significant issues of social and legal policy in a series of articles that analyze death penalty sentencing patterns in a systematic way.
1983 Hans Ziesel For his major contribution to the literature of law and society and his work with Kalven on The American Jury