Performing Regulation: Transcending Regulatory Ritualism in HIV Clinics

Carol A. Heimer, J. Lynn Gazley*

*Corresponding author for this work

Research output: Contribution to journalArticle

11 Scopus citations

Abstract

Sociolegal scholars suggest that regulatory encounters often are occasions for displaying a surface compliance decoupled from day-to-day practice. Yet ethnographic data from five highly regulated HIV clinics show that regulatory encounters open opportunities both for ritualism and-surprisingly-for transcending ritualism. Using a theatrical analogy, we argue that improv performance is the technology that enables regulatory inspectors and clinic staff to transcend ritualism. As regulatory encounters unfold, clinics' carefully prepared performances sometimes change into more cooperative interactions where inspectors and regulatees hash out details about how rules will be applied and even work together on reports for the regulators' supervisors. By "performing together," regulatory inspectors gain access to the clinic's backstage where they can assess clinic workers' deeper conformity to ethical and scientific norms. But such joint performances are less likely where cultural divides and material scarcity make it difficult for clinic staff to gain inspectors' trust.

Original languageEnglish (US)
Pages (from-to)853-887
Number of pages35
JournalLaw and Society Review
Volume46
Issue number4
DOIs
StatePublished - Dec 1 2012

ASJC Scopus subject areas

  • Sociology and Political Science
  • Law

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