Social & Legal Studies
- Sage Publications, Inc.
- Publication date:
- Nbr. 31-1, February 2022
- Nbr. 30-6, December 2021
- Nbr. 30-5, October 2021
- Nbr. 30-4, August 2021
- Nbr. 30-3, June 2021
- Nbr. 30-2, April 2021
- Nbr. 30-1, February 2021
- Nbr. 29-6, December 2020
- Nbr. 29-5, October 2020
- Nbr. 29-4, August 2020
- Nbr. 29-3, June 2020
- Nbr. 29-2, April 2020
- Nbr. 29-1, February 2020
- Nbr. 28-6, December 2019
- Nbr. 28-5, October 2019
- Nbr. 28-4, August 2019
- Nbr. 28-3, June 2019
- Nbr. 28-2, April 2019
- Nbr. 28-1, February 2019
- Nbr. 27-6, December 2018
- Book Review: A Jurisprudence of the Body
- Collective Dissent as Legal Consciousness in Contemporary British Theatre
This article explores legal consciousness in contemporary British theatre. It is concerned with the messages conveyed about law in society as experienced through participant-observation and textual analysis. The interpretation of meaning will take place within the legal consciousness framework of collective dissent developed by Halliday and Morgan. Using this framework, this article will show that dissent is a reoccurring theme in these performances, with the legitimacy of state law under challenge. Alternative visions of law are pluralistic in nature. By applying a collective dissent narrative to this study, the article tests and further develops collective dissent as an analytical tool for examining legal consciousness for cultural legal studies. Through this framework, it also advances the study of theatrical performance for cultural legal studies in terms of what dramaturgic images, observational and textual, say about the relationship between law and society; specifically, to determine what theatrical performance of British contemporary theatre says about the law in this snapshot of time and place.
- ‘They Are Here Without Chains, but With Invisible Chains’: Understandings of Modern Slavery Within the New South Wales Settlement Sector
Modern slavery is a complex and clandestine social phenomenon that is poorly understood in the Australian context. The settlement sector is integral to Australia’s counter-slavery efforts, and yet, no Australian study has explicitly sought to explore how this group identifies and navigates modern slavery. This paper draws on surveys and interviews with workers in the New South Wales settlement sector, and offers new insights into how certain forms of modern slavery are understood and addressed by professionals working with newly arrived migrants. The findings of the study uncover some of the profound challenges staff encounter in detecting and responding to different exploitative practices. Furthermore, they underscore the significant disjunctions between existing legislative provisions that aim to address modern slavery, and the experiences and understandings of workers at the frontline of the issue. The study demonstrates the need for education and greater investment into modern slavery responses within the settlement sector, and multi-sectoral collaboration to proactively address the systemic issues engendering exploitation at a community level.
- Book Review: Elitism: A Progressive Defence
- Book Review: Speaking Out: Feminism, rape and narrative politics
- Why women judges really matter: The impact of women judges on property law outcomes in Kenya
In this paper, I discuss the impact that women judges have made in property law outcomes in Kenya. The study shows that women judges were able to influence a feminist jurisprudence in matrimonial property and inheritance disputes peripherally even though they were not sitting in some of those cases – through trainings of other [male] judges and informal interactions with colleagues. I argue that there is need to focus lens on the collaborative and networking programmes of women judges to bring about institutional change as opposed to a focus on individual women judges. The findings suggest that studies that focus on individual [women] judges have far less potential to uncover the impact of collective efforts of women judges. Existing studies are based largely on Anglo-American positivist methodologies that are based on methodological individualism over collectivism. It is no wonder that the collective efforts of women judges under the auspices of the International Women Judges Association has received little to no scholarly attention.
- On the Sociology of Law in Economic Relations
A focus on law’s role in economic activities was central to many of the classical sociologists, and it remains a key theme in the sociology of law, although no longer central. The view of capitalism as a market economy is reflected in formalist perspectives on economics, law and even sociology, and limits these understandings. Economic sociologists and institutional economists have examined the extensive institutionalisation of economic activity due to the shift to corporate capitalism since the last part of the 19th century, and have focused on law’s role in these processes. The neo-liberal phase of capitalism since the 1970s brought a renewed emphasis on property rights and market-based management, but accompanied by an enormous growth of new forms of regulation, often of a hybrid public-private character, leading to a new view of law as reflective or responsive, very different from traditional formalist perspectives. We argue that law’s role in the economy can be better understood by examining the social processes of lawyering, mediating between the realms of political and economic power, through practices of legal interpretation that both reflect and shape economic activity.
- Audit as Accountability: Technical Authority and Expertise in the Governance of Private Financing for Development
The paper examines the emergence of a new landscape of international development finance that is blurring traditional boundaries between public and private resources for meeting the Sustainable Development Goals (SDGs) and other global public goods (GPGs). In the SDG financing ecosystem, private actors are no longer passive bystanders in the development process but as active contributors to and investors in development projects and programmes. The paper argues that the emerging ‘private turn’ in the architecture of development finance represents a technology of governance that is rooted in the assemblage of international development policy and practice. This regime constitutes an emerging complex and often problematic framework of organising and managing countries’ access to external finance and establishing their terms of engagement with the broader global economy.
- The Governance of Complaints in UK Higher Education: Critically Examining ‘Remedies’ for Staff Sexual Misconduct
Complaints processes and their governance in UK higher education (HE) have received little critical scrutiny, despite their expanded role under the increasing marketisation of HE. This article draws on interviews with students who attempted to make complaints of staff sexual misconduct to their HE institution. It outlines four groups among the interviewees according to the ‘remedy’ that they obtained, describing how most interviewees could not access the services of the Office of the Independent Adjudicator for Higher Education in England as they could not complete internal institutional complaints processes. The failure of most complainants to obtain remedy, and the difficult experiences of those who did, reveals the inadequacies of using an individualist, consumer-oriented model for addressing discrimination complaints in HE. The article also contributes to discussions of justice for sexual violence survivors, suggesting that community-oriented remedies are needed alongside formal administrative justice processes to address power-based sexual misconduct in institutions.
- The Struggle for the Human Right to a Good Life for Everyone: Oscar Correas’s Legacy for the Crítica Jurídica Movement in Latin America
Oscar Correas has been one of the promoters and main references of the Crítica Jurídica movement in Latin America due to his theoretical contributions and his permanent activism to develop the movement. In this paper, we firstly review his vast academic and intellectual career, and then we go through and analyse some of Correas’s main contributions to the study of the law and the Marxist thought. Special focus will be given to: (a) his approach to Marx’s works and its extension to the analysis of modern law; (b) his understanding of Hans Kelsen’s theory; and (c) Correas’s critical contributions to the debate on human rights. We aim to highlight the originality and wit of Oscar Correas’s work, and its importance for the development of the legal critical studies and debates on legal and human rights challenges from a critical perspective.
- A Changing Role for the Administrative Law of Taxation
This article examines reassurances by the Organization for Economic Cooperation and Development that administrative cooperation between tax officials, professionals and taxpayers is consistent with equal treatment under democratic rules. They are found to be unconvincing on the grounds that they...
- A ‘Most Astonishing’ Circumstance: The Survival of Jewish POWs in German War Captivity During the Second World War
During the Second World War, more than 60,000 Jewish members of the American, British and French armed forces became prisoners of war in Germany. Against all expectations, these prisoners were treated in accordance with the 1929 Geneva Convention, and the majority made it home alive. This article...
- Adjudicating Pluralism: The Hijab, Law and Social Change in Post-Colonial Trinidad
In 1994, fundamentalist Muslim Islamists in the Caribbean island nation of Trinidad and Tobago organized a campaign to institutionalize the wearing of the traditional Muslim headscarf – the hijab – in nonIslamic schools. A lawsuit was brought on...
- Antoine Garapon, French Legal Culture and the Shock of 'Globalization'
- Before Cook and After Cook: Land Rights and Legal Histories in Australia
- Book Review : KATHARINE T. BARTLETR AND ROSANNE KENNEDY (EDS), Feminist Legal Theory: Readings in Law and Gender. Boulder, Co: Westview Press, 1991
- Book Review: PEG BIRMINGHAM, Hannah Arendt and Human Rights: The Predicament of Common Responsibility. Bloomington, IN: Indiana University Press, 2006, 161 pp., ISBN 9780253218650, US$24.95 (pbk)
- Book Reviews : ANNE ELSE, A Question of Adoption. Wellington, New Zealand: Bridget Williams Books, 1991, xiii + 241 pp
- Book Reviews : CHRISTOPHER STANLEY, Urban Excess and the Law: Capital, Culture and Desire. London: Cavendish Publishing, 1996, 226 pp., £19.95 paperback
- Book Reviews : DIANA SCULLY, Understanding Sexual Violence: A Study of Convicted Rapists. London: Harper Collins, 1990, £22 hardback, £8.95 paperback