Book Review: Making Family Law: A Socio-legal Account of Legislative Process in England and Wales, 1985–2010
| Date | 01 September 2014 |
| Author | Lauren Wood |
| DOI | 10.1177/0964663914538583d |
| Published date | 01 September 2014 |
| Subject Matter | Book Reviews |
emphasizing that ‘the inquiry offered in this book is not a mere intellectual exercise’ (p.
243). Accordingly, he examines and responds to the challenges a victim will face with
regard to access to justice, evidence and recovery. Of particular note is his discussion of
legal aid. Thecurrent government’s assaulton legal aid is well known and hasbeen widely
lamented. It is therefore reassuringto know that states have an obligation to provideaccess
to legal counsellingand representation,by virtue of Article 12(2) EU TraffickingDirection
2011. Accordingly, in England and Wales, ‘legal aid is available with respect to ‘‘Civil
legal services provided in relation to a claim for damages’’ or ‘‘under employment law’’
‘‘arising in connection with the trafficking or exploitation of’’ a victim of trafficking’
(p. 244. See also Legal Aid, Sentencing and Punishment of Offences Act 2010, Sch 1).
Two points may be made here. First, legal aid is not limited to those who are victims of
trafficking into prostitution. Nevertheless, Keren-Paz does by and large exclude from his
analysis other victims of trafficking, noting only in passing that his discussions of restitu-
tion from the state‘equally apply to other victimsof forced labour’. Second, the availabil-
ity of legal aid does not appearto cover a claim in restitution. He contemplates, however,
that ‘it is unlikely’ that such a claim would be excluded. Only time will tell.
Overall, the book provides an exceptionally detailed and thorough exploration of the
actual and potential use of private law to protect and empower trafficked victims and
prevent trafficking. While not without controversy or concerns, the book provides an
interesting alternative to the ever-increasing expansion of the criminal law.
ANNA CARLINE
University of Leicester, UK
Reference
All Party Parliamentary Group on Prostitution and the Global Sex Trade (APPG) (2014) Shifting
the Burden: Inquiry to Assess the Operation of the Current Legal Settlement on Prostitution in
England and Wales. Available at: http://appgprostitution.files.wordpress.com/2014/04/shift-
ing-the-burden.pdf (accessed 15 April 2014).
Home Office (2008) Tackling Demand for Prostitution: A Review. London: Home Office.
MAVIS MACLEAN AND JACEK KURCZEWSKI, Making Family Law: A Socio-legal Account of
Legislative Process in England and Wales, 1985–2010. Oxford: Hart Publishing, 2011, 132 pp.,
ISBN 9781849462273, £17.50 (pbk).
The analysis of law most often focuses on law as enacted: the way in which a law is
experienced and the contribution that the law makes to the character of a nation’s legal
personality. The focus of this analytical tradition is well established. Theories and phi-
losophies have long attempted to explain and understand societies through their laws and
legal doctrine: ‘law’ – both as a wide concept and the individual laws of which that wide
body comprises – becomes a reinforcing embodiment of a society’s social, cultural and
moral foundations. Jurisprudential explorations look at what the law is and why it has
480 Social & Legal Studies 23(3)
To continue reading
Request your trial