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Rights‐in‐between : Resident perceptions of and accessibility to rights within restricted housing units
Author(s) -
Rudes Danielle S.,
Magnuson Shan,
Ingel Sydney,
Hartwell Taylor
Publication year - 2021
Publication title -
law and society review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.867
H-Index - 74
eISSN - 1540-5893
pISSN - 0023-9216
DOI - 10.1111/lasr.12550
Subject(s) - punitive damages , prison , perception , law , space (punctuation) , political science , state (computer science) , fair housing act , unit (ring theory) , bill of rights , human rights , sociology , psychology , civil rights , mathematics education , algorithm , neuroscience , computer science , linguistics , philosophy
Prison laws and policies often do not explicitly state the rights and privileges for the individuals residing there. This space is a unique example of where the law‐on‐the‐books meet the law‐in‐action—a place where “law‐in‐between” operates in the hands of street‐level workers. Using data collected from interviews with restricted housing unit residents and staff in four men's prisons, this paper examines how the law‐in‐between operates in a highly structured and punitive environment. Findings reveal agreement among residents and staff regarding general definitions and perceptions of rights, with some similarities regarding what rights are broadly. However, divergence exists in discussion of how rights are accessed in practice.