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Article

Legal Repression in Russia  

Katerina Tertytchnaya and Madeleine Tiratsoo

Contemporary authoritarian regimes use the law in order to stifle their rivals’ ability and willingness to challenge the state. Research has investigated the conditions that make legal repression more likely in electoral autocracies and advanced our understanding of the ways in which legislation may be used for repressive ends in these settings. To a lesser extent, studies have also explored the consequences of legal repression in nondemocracies, focusing on its impact on dissent, opposition leaders, protesters, and civil society. This article discusses how, in Vladimir Putin’s Russia, the law has been used to exercise political power vis-à-vis the opposition. Since the early 2000s, the Russian authorities have used legislative channels to adopt and refine laws and regulations aimed at hindering protest and inhibiting the development of an independent civil society. The discussion of the Russian case contributes to comparative research on legal repression and authoritarian politics in various ways. First, it offers important insights into the direct and indirect consequences of legal repression on dissent, the development of civil society, and public opinion toward groups targeted by legal repression. Second, the study of Russia illustrates how institutional capture and power consolidation facilitate the adoption and implementation of repressive legislation. Finally, the Russian case advances our understanding of the dynamic nature of legal repression. Reforms to laws regulating protest and civil society in Russia showcase how domestic and external events may cause legal repression to escalate. The article concludes by identifying fruitful avenues for future research on legal repression.

Article

Judicial Dissent in Collegial Courts: Theory and Evidence  

Nuno Garoupa and Catarina Santos Botelho

In collegial courts, disagreements are inevitable. Are these disagreements advantageous or disadvantageous for lawmaking? Why, when, and how do judges decide to disagree with each other? The literature about collegial courts includes extensive normative and positive theories about separate opinions as well as how these kinds of decisions are made. Scholars offer different explanations based on distinct frameworks: a cost–benefit analysis (within rational-choice theory), the principal–agent model, and via legal culture. By considering the complexity of separate opinions in style, substance, collegiality, and frequency, it is possible to find compromises between both (normative and positive) strains of the literature. These compromises reflect a fundamental divergence between private (individual) and social motivations to promote separate opinions.

Article

The Strategic Use of State Repression and Political Violence  

Jacqueline H. R. deMeritt

Repression is the act of subduing someone by institutional or physical force. Political violence is a particular form of repression involving the use of physical force to achieve political goals. Acts of repression and/or political violence often violate fundamental human rights, and are sometimes referred to as human rights abuse. Most systematic research into these forms of human rights abuse, particularly as perpetrated by governments, is built on assumptions of rationality: repression and political violence are strategic policies that governments employ in pursuit important political and/or military objectives. Since the defining concept of the state is its monopoly on the legitimate use of coercion, those objectives are generally related to quiescence and the quelling of popular dissent. Empirical research has investigated the causes of repression and political violence, focusing generally on the conditions and incentives that make these strategies most likely. To a lesser extent, scholars have also investigated the consequences of human rights abuse. This work is intimately tied to extant work on causes, and highlights an important feedback loop between repressive governments and those who oppose them. Finally, researchers have investigated methods of limiting and/or preventing state repression and political violence. Some of these methods are primarily domestic in nature (e.g., regime type and institutional design) while others have a decidedly international bent (e.g., advocacy campaigns).