Lauren A. McCarthy - Böcker

In response to a growing human trafficking problem and domestic and international pressure, human trafficking and the use of slave labor were first criminalized in Russia in 2003. In Trafficking Justice, Lauren A. McCarthy explains why Russian police, prosecutors, and judges have largely ignored this new weapon in their legal arsenal, despite the fact that the law was intended to make it easier to pursue trafficking cases. Using a combination of interview data, participant observation, and an original dataset of more than 5,500 Russian news media articles on human trafficking cases, McCarthy explores how trafficking cases make their way through the criminal justice system, covering multiple forms of the crime—sexual, labor, and child trafficking—over the period 2003–2013. She argues that to understand how law enforcement agencies have dealt with trafficking, it is critical to understand how their "institutional machinery"—the incentives, culture, and structure of their organizations—channels decision-making on human trafficking cases toward a familiar set of routines and practices and away from using the new law. As a result, law enforcement often chooses to charge and prosecute traffickers with related crimes, such as kidnapping or recruitment into prostitution, rather than under the 2003 trafficking law because these other charges are more familiar and easier to bring to a successful resolution. In other words, after ten years of practice, Russian law enforcement has settled on a policy of prosecuting traffickers, not trafficking.

What role does law play in post-communist societies? This book examines the law as a social institution in Eurasia, exploring how it is shaped in everyday interactions between state and society, organisations and individuals, and between law enforcement and other government entities. It bridges the gap between theoretically rich work on law-in-action and the empirical reality of Eurasia.The contributions in this volume include research on policing, the legal profession, public attitudes towards law, regime support and oppositional mobilisation, crime policy, and property rights, among others. The studies shift away from the common perception that, in Eurasia, the law exists only as a tool for the state to enforce order and suppress dissent. Instead, they show, through empirical analyses, that citizens evade, use, reinterpret and shape the law even in authoritarian contexts—sometimes containing state violence and challenging the regime, and other times reinforcing state capture from below.The chapters in this book were originally published as a special issue of the journal Europe-Asia Studies.