SLSA E‐Newsletter
| DOI | http://doi.org/10.1111/j.1467-6478.2014.00661.x |
| Published date | 01 March 2014 |
| Date | 01 March 2014 |
1
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Newsletter
Socio-Legal
No 69
D89C9CCE5
lMore SLSA news – pages 3–5
lAcademy of Social Sciences – page 6
lSocio-legal networks – page 7
lSocio-legal research – page 8
lCase note – page 9
lSocio-legal news – page 10
lPublications – pages 11–12
lEvents – pages 13–14
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News and feature articles are always needed for the
newsletter, plus information about books, journals and
events. The next deadline is 20 May 2013. Contact the editor
Marie Selwood emarieselwood@btinternet.com or
t01227 770189.
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The SLSA Executive Committee is delighted to announce
the winners of this year’s SLSA prizes.
The book prize goes to Nicola Barker for Not the Marrying Kind:
A feminist critique of same-sex marriage (2012) published by
Palgrave Macmillan (Socio-Legal Studies series).
The article prize goes to Marie Fox and Michael Thomson for
‘The new politics of male circumcision: HIV/AIDS, health law
and social justice’ (2012) Legal Studies 32(2): 255–81.
The prizes will be awarded at the SLSA’s annual dinner on
Wednesday 27 March 2013 at the National Railway Museum,
York, during our annual conference. At the same event
Professor Phil Thomas will receive his special award for
Contributions to the Socio-Legal Community.
Nicola Barker, Marie Fox and Michael Thomson will be
taking part in author-meets-reader sessions during the
conference to discuss their winning publications. The
prizewinning book will be featured in the Gender, Sexuality and
Law stream and the prize-winning article in the Medical Law
and Ethics stream. Please consult the conference programme for
specific times.
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At York Law School, we are very much looking forward to
hosting the annual conference from 26–28 March 2013. With
over 250 abstracts already submitted, plus other exciting
activities such as the postgraduate poster competition and the
book reading group, together with Lady Hale as our plenary
speaker, it promises to be a lively and interesting conference.
There will also be an opportunity to hear the book and
article prize winners speaking about their award-winning ideas.
There is just time to book for the conference at the standard rate
which closes on 11 March 2013. Bookings details can be found
at: wwww.york.ac.uk/law/news/conferences/#tab-5.
Caroline Hunter, conference organiser
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This year the Research Grants Committee is pleased to
have been in a position to award six research grants
amounting to a total of £9045.32.
Details of the awards are as follows:
lSarah Lamble, School of Law, Birkbeck College, University
of London, £1070 – ‘Transforming community justice?
Exploring non-state, community-based safety and
accountability strategies for addressing sexual, racial and
interpersonal violence’
lCatherine O’Rourke, Transitional Justice Institute,
University of Ulster, £1443.72 – ‘Understanding costs and
benefits in feminist engagement with international law’
lJames Sweeney, School of Law, University of Durham,
£1991.60 – ‘From traditional to transitional justice, and
back again’
lLisa Vanhala, School of Public Policy, University College
London, £1,710 – ‘Legal mobilization and the diffusion of
disability rights in France’
lRebecca Dudley, School of Law, Queen’s University Belfast,
£1000 – ‘Women with no recourse to public funds and
domestic violence: where human rights cannot reach’
lEdward Mowlam, School of Law, Bradford University,
£1000 – ‘EU migration and homelessness: are some citizens
more equal than others?’
Short summaries of these projects will appear in the summer
issue of the newsletter. Please see page 5 for Daniel Monk’s final
report on his research project.
Jane Scoular, chair SLSA research grants committee
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This one-day conference is jointly organised by the SLSA, the
British Library and the Institute for Advanced Legal Studies. It
will bring together researchers interested in undertaking legal
biographies and archivists of specialist collections relevant to
the work of legal biographers.
Further details will be announced on the SLSA website and
via the weekly e-bulletin when available.
slsa noticeboard
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slsa news
3
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Members of the SLSA Executive Committee will be attending
the annual conference in York. As usual, we will have a stand
located near the publishers’ displays and members are welcome
to come and meet committee members, find out more about
what they do or just have a chat – especially if you’re a new
member or it’s your first time at the conference. We look
forward to meeting you.
>>E15B17
The SLSA’s annual general meeting (AGM) will take place on
27 March 2013 at York Law School. If you would like to suggest
agenda items for either the AGM, or the next Exec meeting in
York on 28 March 2013, please send details to
ea.perry-kessaris@soas.ac.uk by 21 March 2013.
A number of vacancies on the Exec will arise at the AGM. If
you are interested in being nominated or nominating a
colleague then it is important that you attend the AGM where
nominations will be taken and a secret ballot held if nominations
exceed the number of seats available.
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Julie McCandless, Linda Mulcahy, Vanessa Munro and Amanda
Perry-Kessaris will be standing down from the Exec at the AGM.
Thanks are due to all four for their excellent contributions over
recent years. Julie has been membership secretary since 2010
and apart from her day-to-day responsibilities she has also been
responsible for liaising with technical experts to completely
update our systems. Linda has dedicated many hours as SLSA
treasurer since she took over the role in spring 2010 and
Amanda has done sterling work as SLSA secretary over the
same period. Vanessa has also lent her talents to a number of
projects on the Exec since 2009. The three officers posts will need
to be filled at the AGM.
(!(=5=25BC89@25>569DC
Benefits of SLSA membership include:
lthree 16-page newsletters per year
lpersonal profile in the SLSA online directory
ldiscounted SLSA conference fees
lweekly e-bulletin
leligibility for grants, competitions and prizes
lmembers’ priority in newsletter publications pages
ldiscounted student membership (with first year free)
lfree annual postgraduate conference
lstudent bursaries for SLSA annual conference
ldiscounts on subscriptions to a selection of law journals
l20 per cent discount on Ashgate books bought online
lspecial membership category for retired members
. . . and much more. Visit wwww.slsa.ac.uk for full details.
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Members are reminded that membership fees are due on 1 July
each year and that the annual fee is now £40. If you have not yet
increased your standing order to reflect the increase in
membership fees, please inform your bank directly as soon as
possible. A standing order form is available on the SLSA
website.
Members who have not adjusted their standing orders for
the 2013–2014 membership year will eventually be removed
from the membership directory and email list and their payment
considered as a donation to the SLSA
%1I%1
For members without a UK bank account, there is now a PayPal
facility available for membership payments. There is a small
administrative charge for this but we are hoping that it will be a
convenient option.
For full details about all membership and joining issues,
please visit wwww.slsa.ac.uk/join-the-slsa-now.
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Following the Finch Review on Open Access (OA) that last
summer recommended the gold version of OA (see the winter
2012 issue of the newsletter, SLN 68:6–9), the SLSA Executive
Committee has been monitoring the situation and responding as
appropriate. As discussed by SLSA chair Rosemary Hunter in
the winter newsletter article, there are concerns that the gold OA
model is unsuitable for socio-legal studies, and law generally,
because it was originally designed for scientific journals whose
profiles are markedly different from specialist law journals. In
the light of these concerns, the SLSA responded to the latest
consultation by the Business, Innovation and Skills Select
Committee with the following recommendations:
lthat the embrace of gold OA as the preferred, ‘one-size-fits-
all’ model for the publication of research produced in UK
higher education institutions be rethought;
lthat Research Councils UK (RCUK) and the Higher
Education Funding Council for England (HEFCE) undertake
consultation on a discipline-by-discipline basis, taking into
account the economy and ecology of peer-reviewed journal
publishing within each discipline, and determine which
model or models are most likely to produce sustainable and
equitable OA to UK research within each discipline;
lthat RCUK and any future HEFCE mandates specify that the
aspiration of making UK research freely available does not
restrict the ability of UK researchers to publish in the best
available journal for their work, where that journal is a high
quality international journal which does not offer an OA
option. In this situation, publication of a pre-print on an
institutional repository or the Social Science Research
Network should be sufficient to meet grant and any
Research Excellence Framework requirements.
The full text of the SLSA’s submission to the Select Committee is
now available on the SLSA website where we have set up an OA
page to post information relevant to OA as the situation develops.
See wwww.slsa.ac.uk/content/view/307/. Fee dback on this
issue from members is most welcome. We would be particularly
interested to hear the views of journal editors and members of
journal editorial boards.
As the newsletter goes to press, HEFCE’s website states that
it is planning to launch a consultation in ‘early 2013’
wwww.hefce.ac.uk/whatwedo/rsrch/rinfrastruct/openaccess/.
And RCUK has now published its policy on OA
wwww.rcuk.ac.uk/research/Pages/outputs.aspx.
people . . .
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slsa news
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4
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Every January, the SLSA hosts a free postgraduate
conference. This year’s took place from 9–10 January 2013
at the University of Leicester. Charlotte Bendall was
there and reports back for the newsletter.
I would first like to introduce myself as the new postgraduate
representative on the Executive Committee. I welcome
communications from postgraduate members with regard to any
SLSA-related matters that they may wish to raise. Such members
are also warmly invited to sign up for the new SLSA postgraduate
mailing list by sending me their name and email address.
I was fortunate enough in January to have attended the
latest two-day SLSA postgraduate conference, which was co-
hosted by the universities of Keele and Leicester and located at
the latter. The conference was attended by 59 students, the vast
majority of whom were also present at the social event (a
delicious meal at a local Indian restaurant) that took place at the
end of the first day. Prominent socio-legal academics Dave
Cowan, Rosemary Hunter, Linda Mulcahy, Vanessa Munro and
Sally Wheeler joined conference organisers Tony Bradney and
Fiona Cownie in offering their invaluable advice.
Having only recently been appointed to my position, I was
unsure as to what to expect from the conference, apart from
looking forward to liaising with other researchers and
academics within the socio-legal field. I was certainly not
disappointed in this respect; my fellow attendees were only too
keen to discuss their (extremely varied) research interests, and
the academics were approachable, warm and welcoming.
What I could not have anticipated, however, was quite how
much useful information I would glean from my attendance.
Sessions were held on a variety of topics including: supervising
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The explosion in the use of Twitter – the 140 character
social media tool – has led to the perhaps inevitable
appraisal of it, and specifically the use of it, at
conferences, writes Chris Ashford.
Twitter offers exciting opportunities for individuals to share
ideas, conference programme information, photos and short
movie clips of events that they might be attending or
participating in. In doing so, an event can reach out to a global
audience as individuals seek to share that information, and also
respond and interact with those sharing. As a presenter, you are
no longer merely presenting to an audience of 15 or 20 people,
but a global audience of hundreds, or more.
Yet, with these exciting possibilities come fears. The Times
Higher reported in December on a row around the role of live
tweeting at conferences. When confidences are breached, rules
broken, or boundaries unclearly set, conflict inevitably follows.
Take for example, the scholar presenting work at a conference
which might relate to a sensitive subject – such as child
pornography – and who uses language and shares thoughts in the
academic surrounding of a conference in a different way to how
they might present similar thoughts in an academic publication or
in the media. A quote is tweeted, retweeted and eventually seen
by a member of the media who finds it irresistible to print – albeit
in a very different context – with unfortunate repercussions for
the original presenting academic.
Alternatively, think of the individual presenting work at an
early stage which they do not wish to be shared or known about
beyond the narrow audience hearing the paper. They too might
feel disgruntled and misrepresented by inappropriate tweets.
Social and Legal Studies 22(1)
Satire and the politics of corrupt ion in Kenya – John
Harrington & Ambreena Manji
Powers of reach: legal mobilization in a post-apartheid
redress campaign – Akin Akinwumi
Stop in the name of who’s law?: Driving and the regulation
of contested space in central Australia – Harry Blagg
Sex, crime and the city: municipal law and the regulation of
sexual entertainment – Phil Hubbard & Rachela Colosi
Regretting it after?: Focus group perspectives on alcohol
consumption, non-consensual sex and false allegations of
rape – Clare Gunby, Anna Carline & Caryl Beynon
Linking corporate power to corporate structures: an
empirical analysis – Andrea Boggio
your supervisor; giving a conference paper; getting published;
and surviving the viva. The content of the sessions was
extremely accessible and delivery was informal, with interaction
between the speakers and attendees being encouraged
throughout. As a first-year PhD student, I was extremely
grateful to obtain such relevant advice at such an early stage,
and I will now proceed to make use of it during the course of my
studies. I was, moreover, particularly delighted to be provided
with such an excellent opportunity to engage with the
academics present, who appeared both knowledgeable and
enthusiastic about their own research and genuinely interested
in that being conducted by the conference attendees.
A further session was held on obtaining an academic job.
On a practical level, this was of enormous benefit in terms of
informing attendees how to write an appropriate covering
letter and academic CV. On a more general level, this session
was extremely heartening in that it conveyed the message to us
that, despite the current pressure on university resources,
there are still legal academic jobs ‘out there’. As a result, I have
been encouraged to look ahead and to start planning my
academic career.
Feedback from fellow attendees included: ‘It was a very
useful conference. Thank you so much! Great opportunity to
talk to a lot of other students and academics in an informal
setting.’ and ‘Excellent. A very positive experience and a
privilege to be part of it.’
The SLSA postgraduate conference was the first conference
that I have attended and, I have to say, I could not have
imagined a better one. I really enjoyed meeting so many new
people and hope to see them again in York in March. Many
thanks to the organisers and academics for doing such a
wonderful job!
Charlotte Bendall is a PhD candidate at the University of
Birmingham and the SLSA postgraduate representative
eclb212@bham.ac.uk
These are perhaps exceptions to the conference norm, but they
highlight the importance of clearly setting boundaries at the start
of a paper presentation. By doing so, papers can be presented
with confidence, whilst still enabling the exciting opportunities of
Twitter to be used in a sound and appropriate way.
At the 2013 SLSA annual conference in York, we will be using,
and encouraging the use of, Twitter in and around the conference,
but guidance notes will be prepared for stream and theme chairs.
Hopefully, this will mean, not only that we’re thinking about
social media, but thinking about how we use it ethically.
Chris Ashford is reader in law and society at the University of
Sunderland and SLSA social media officer
slsa news
5
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Daniel Monk received £717 from the SLSA grants scheme.
Here, he reports back on how his research progressed and
what some of his findings were.
The starting point for this research was the idea that
interview ing solic itors who write w ills and advise about
inheritance might be an effective way of beginning an enquiry
into how gays and lesbians negotiate and ‘do’ kinship. This
premise was informed by the realisation that the sort of
questions that a solicitor asks a client when instructed to write a
will are remarkably similar to the questions that sociologists ask
(indirectly and explicitly) in research about intimate citizenship
and kin ship stu dies. Mo re direct ly, it drew on my own
experience as a volunteer solicitor/will-writer for the
HIV/AIDS charity Terence Higgins Trust in the early 1990s; a
moment of a particular form of gay activism that has never been
written about.
By both drawing on my contacts within the profession and
by putting myself in the position of someone looking to write a
will I located 10 solicitors to interview. On the positive side, the
interviewees were a diverse group: men and women, different
sexualities, young, middle-aged and recently retired, and from
three cities and from very different types of firms. Together they
had written over a thousand wills. While, indeed, a potentially
rich source, being attuned to the complexity of memory as an
archive, that the interviews were also, in effect, conversations
between lawyers and, in particular, that the instructions of the
clients were being heard indirectly through their lawyers were
significant factors to take into account in interpreting the data.
While the data has implications for a variety of issues, here I
want to provide a snapshot of what it provides for kinship
studies. A theme that recurred consistently was the greater
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In this occasional series that introduces SLSA Executive
Committee members to the wider membership, Vanessa
Munro charts her intellectual and geographical journey
from Glasgow to Nottingham – via the SLSA annual
conferences
If someone had told me six months into my LLB degree – when
I was spending most of my time wishing that I had chosen to
study English literature instead – that I would one day be a
professor of socio-legal studies, I would have considered them
quite mad.
Unlike many of my student peers, I never could see the
fascination in ‘black-letter’ or doctrinal approaches, but I was
saved by the fact that, in the final two years of my four-year LLB
at the University of Glasgow, I was able to specialise exclusively
in legal theory. During that time, I learned about a wide range
of traditional and critical theories – including feminism, which
has continued to be such an important influence upon my work.
I also took modules on law and culture, law and state, and legal
philosophy, which have undoubtedly framed my
interdisciplinary interests ever since.
While my PhD was largely theoretical, its feminist
underpinnings and its engagement with norms around rape,
reproduction and consent meant that it was inevitably also
socio-legal. But it was only really when I embarked on my first
journey into the realm of empirical fieldwork – after I took up a
importance of friendship for gay and lesbian testators. But while
this mirrors sociological research about intimate citizenship,
caution is crucial here. Arguably, those who instruct lawyers are
more likely to favour friends over biological relatives (indeed, in
many cases, it was certainly the motive for writing a will).
Moreover, a tentative finding is that the centrality of friendship
in the lives (and wills) of gay and lesbian testators is shifting as
people become more accepting of gay and lesbian children (and
siblings). In other words, the centrality of friendship is not
simply a reflection of ‘individualisation’ in a post-modern age of
‘liquid love’; for, where they are accepted and included, the
traditional family appears as central to the lives of gays and
lesbians as it is for other testators. This ambivalent and creative
relationship with, as opposed to a rejection of, the traditional
family is also evident in the manner in which gay and lesbian
testators without children of their own establish cross-
generational narratives within their wills. While the inclusion of
nephews and nieces is not unusual, it is also far from routine
and often appears to be conditional on the acceptance of the
testator’s sexuality by his or her sibling. Moreover, alongside
nieces and nephews and often in equal terms, are ‘God children’
(official or otherwise).
As feminist thinking has long argued, there is a danger that
formal legal equality masks difference. But there is also a
tendency in some work on ‘alternative families’ – reinforced by
queer theory too often imposing another identity as opposed to
providing a critical tool – to overemphasise and uncritically
celebrate difference. One of the challenges of working with this
data is recognising, reflecting on and resisting the ease with
which one could impose a particular interpretation on it. That
both a ‘traditional’ and ‘radical’ reading is possible
demonstrates that empirical work can trouble and complicate as
much as justify and confirm.
This was my first empirical research project (something that
the SLSA grants scheme is ideal for) but I hope to build on it in
the future.
Daniel Monk is a reader in law at Birkbeck, University of London
lectureship at the University of Reading – that I began to self-
identify as a socio-legal scholar more than a jurist. The whole
process of data collection, on a project exploring responses to
sex-trafficking, was a steep learning curve. But I loved gathering
and analysing my own data, and the feeling of never quite
knowing what it was going to reveal. It was an experience that
changed the trajectory of my research. Since then, I have
continued to keep the more abstract theoretical work that I do
on feminist legal and political theory in close conversation with
a range of more concrete, empirical projects exploring
phenomena such as jury decision-making in sexual assault cases
or the handling of claims for asylum lodged by women who
allege rape.
I’ve been attending SLSA conferences since 2000. For me, the
SLSA has provided an incredibly supportive environment. In a
context in which I have spent so much of my research life
working at the boundaries of law and other disciplines
(variously, philosophy, psychology, sociology and political
theory), I have really benefited from the opportunity that the
SLSA offers to engage with like-minded scholars and to learn
about how others have negotiated the challenges of empirical
fieldwork, as well as interdisciplinary and multidisciplinary
frameworks of analysis.
As a member of the Exec, I have tried to work hard to
ensure that the SLSA continues to do the same for other
scholars in the future.
Vanessa Munro is professor of socio-legal studies at the
University of Nottingham
academy of social sciences
))
6
((.'),$
The Campaign for Social Science (CSS) has just celebrated
its second birthday making this a good time to reflect on
progress, says Tony Trueman, CSS press officer
The second year of the CSS was always going to pose some
important challenges because the organisation is still being built
up, yet at the same time it has to be effective in carrying out its
main tasks. The evidence shows that we met those challenges, not
least in that we doubled the number of our institutional
supporters during the year – from 30 to over 60 – as universities,
publishers and learned societies joined us. Having the support of
valued institutions such as the SLSA is not just a means of raising
funds, vital though that is: the more organisations and
individuals that back us, the more powerful is our voice when we
speak out about social science to the government and the public.
There is no doubt that our voice is necessary: unlike the
natural sciences, social science does not always present a clear
image in the minds of the public, and sometimes politicians do
not value our work sufficiently.
To tackle this, in 2012 we organised meetings with Vince
Cable, the Business, Innovation and Skills Secretary, and his
team. These are ongoing and we have raised a number of
important issues, including advocating the reinstatement of the
position of Government Chief Social Scientist, which was
scrapped two years ago.
We have continued our work in other ways too: we
published more in our ‘Making the Case for Social Science’
series of publications on influential research, bringing out
booklets on ‘Management’ and on ‘Scotland’. Our series of
events to help our member organisations carry out their work
has continued, including a seminar on the art of political
influencing that we ran in London. We also began the task of
promoting social science in the media by setting up a list of
experts available to comment to the media. Any researchers in
the SLSA are welcome to put their names on the list – please
contact me at the email address at the end of this article.
This year will see our organisation grow and our work
continue. We remain dedicated to the aims that we set at the
beginning of the campaign: to inform and influence public
policy with social science; to be regularly in the media with
news and comment on social science issues; to speak with
authority on the state of social science; and to promote the
benefits of investment in social science research and objectives.
If we can realise these aims, our chances of effecting
important changes are much better: we want to see positive
references to social science in political party manifestos at the
next general election; we want the retention of longitudinal
studies including the national census; and we want to see
funding for postgraduate social science teaching and research
protected. We can achieve these goals and more in the next few
years with the help of organisations such as the SLSA. 2013
should prove interesting and productive.
For more details of our work please see:
wwww.campaignforsocialscience.org.uk or contact Tony
Trueman et.trueman@acss.org.uk.
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The Academy of Social Sciences (AcSS) calls on member
societies twice a year for nominations for new
academicians. SLSA academicians, Fiona Cownie and
Robert Dingwall, provide an overview of the academy’s
role to illustrate why it is important for SLSA members to
be involved.
Readers may have noticed that a number of SLSA members
have recently been elected to the AcSS. The academy was
established in 1999 out of a loose association of learned societies
that had been functioning since the 1980s to exchange ideas and
co-ordinate lobbying and responses to consultations from the
social science community as a whole. The learned societies are
still an important element of the academy: currently 44 are
members, including the SLSA. However, since 1999, the
academy has been greatly strengthened by the election of
individual academicians, who are defined as ‘distinguished
scholars and practitioners from academia and the public and
private sectors’. There are about 850 of these, roughly 1 per cent
of the combined membership of the affiliated societies.
The academy’s mission is to promote social sciences in the
UK. It does not compete with individual learned societies but
provides a forum for sharing experiences, aggregating voices
and encouraging interdisciplinary communication and public
engagement. Where there is broad agreement, the academy can
be a focus for communications with government, Research
Councils UK or funding councils, which carries more weight
than individual lobbying. Where there is a common issue, as
currently with open access publishing or research governance,
the AcSS is able to organise events where ideas and experiences
can be shared to better inform both public policy and
professional thinking. From this, shared positions may evolve.
As importantly, the AcSS also undertakes a significant
amount of public engagement through its interdisciplinary
journal, Contemporary Social Science, and a series of booklets
about the impact of social science research called ‘Making the
Case’, which are given high-profile launches two or three times
a year. All the booklets are available on the academy’s website
at wwww.acss.org.uk/publication.htm where reports of the
launches can also be found (including a video of the launch of
the booklet on ‘Management’ by Vince Cable MP last June). The
academy is always pleased to hear from anyone in its member
organisations whose research has had a policy impact and who
might like to be included in a future booklet (contact the
assistant director (Secretariat) of the academy, Madeleine
Barrows on em.barrows@acss.org.uk).
The academy’s Campaign for Social Science has now run
more than 20 events in different parts of the UK, increasing
awareness of the contributions of the social sciences among local
audiences, not least to university leaders in the nations and
regions. The campaign is intended to ensure that social science
is publicly valued and appreciated, as well as better understood
both within policy-making circles and by the public at large, as
a necessary core ingredient of a successful economy and society
(for more information, see Tony Trueman’s article, right ).
The academy is rapidly growing in influence, and is now
regularly consulted by government on a wide range of issues
relating to the social sciences. It is important that socio-legal
studies is well represented in these discussions. Academicians
can be nominated twice a year, so there are plenty of
opportunities to become involved (see box, right, for
information about SLSA nominations for the next round).
Fiona Cownie, professor of law, Keele University;
Robert Dingwall, Dingwall Enterprises/Nottingham Trent University
3((31<>?=9>1D9?>CCE==5B
The SLSA Executive Committee is calling for nominations for
the next round of academicians. If you would like to
nominate one of your SLSA colleagues, please email their
name to SLSA chair Rosemary Hunter and include up to 500
words on why they are eminent in their field and giving
details of their contribution to social science by 3 May 2013.
er.c.hunter@kent.ac.uk
networks
7
))
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Graphic justice is a new research alliance, focusing on the
intersection of comics and graph ic fiction with the
concerns of law and justice. Thomas Giddens introduces it.
Graphic justice aims to bring together practitioners and
researchers, artists and academics, and to promote discourse
and engagement on the use of comics in tackling the complex
problems of justice.
Comics, graphic novels and other visual narratives have had
a considerable impact on books, cinema and the internet, and
form a significant – and growing – element of popular culture.
From mainstream western comics, to the diverse world of
Japanese manga, to the rich history of French-language bandes
dessinées, comics have permeated our global society. From comics
themselves, to TV series, films, clothing, games and other
merchandise, all over the world graphic storytelling inspires,
moves and entertains millions. One need only consider Superman,
Dragon Ball, or Tintin to see the extent of this cultural impact. But
despite this promulgation, the significance of comics to the
concerns of law and justice has received little critical attention.
Comics are a rich and diverse medium, navigating many
concerns important to law and justi ce. Themes of publ ic
protection, justice and punishment are widespread in
mainstream comics. One of the most prominent examples is
perhaps Batman, swooping down and enacting his idealised
justice on the corrupt streets of Gotham. Indeed, as a vigilante
superhero, Batman navigates deep, complex tensions between
practical laws and moral ideals and challenges state monopolies
on legitimate violence. And what does Superman, an interstellar
alien standing up against the immoralities of Earth’s civilisation,
suggest about moral objectivism or the global role of law? What
do the overtly masculine physiques of Thor, Aquaman and
Captain America, or the femininity of Wonder Woman and Elektra,
tell us about the gendered dimensions of justice?
Moving beyond the spandex-wearing mainstream, a wealth
of graphic literature exists that deals with all walks of human
life and moral experience: Los Bros Hernandez’ Love and Rockets,
for example, examines twentieth-century American Latin and
punk subcultures; Spiegelman’s Pulitzer prize-winning Maus
examines holocaust survival and its intergenerational impact.
There is Miyazaki’s epic tale of war, leadership, and our
relationship with nature in Nausicaä, or Shirow’s exploration of
the boundaries of ‘human’ in Appleseed. There is even a whole
movement of comics analysis focused upon representations of
medicine, health and the experiences of doctors, patients, and
patients’ families; surely such work is of profound relevance to
medical law? See wwww.graphicmedicine.org.
Comics also have significance beyond the substantive stories
they tell. By communicating at the intersection of words and
images, their very form questions the limitations and interpretation
of textual language. As a highly text-dependent discipline, in both
function and analysis, these are surely fundamental issues for law
and legal theory. This collaborative and methodologically varied
medium also involves complex intellectual property issues. There
are various contributing roles in comics production (colourists,
pencillers, inkers, illustrators, writers); just as words and images
are integrated on the comics page, the moral rights of ownership
are similarly tangled. More generally, the medium’s history taps
into themes of censorship and socio-cultural development. Indeed,
stemming from its controversial history, the Comic Book Legal
Defence Fund acts to protect the industry’s rights to free speech.
From underground comix movements, to the recent explosion of
high-profit films based on graphic works, the history and context
of the medium is of great significance to both artistic regulation
and the social role of law.
Whether you work in legal studies, philosophy, cultural
studies, law enforcement, art, criminology, legal practice,
sociology, or literary studies, if you’re interested in comics and
the concerns of justice – get in touch. An international and
collaborative space can be found at
wgraphicjustice.blogspot.com, and you can make contact by
emailing ethomas.giddens@smuc.ac.uk or following
@ExplodingCanon. The aim is to gather together academics,
artists and other interested parties and to promote discourse and
engagement on this expansive and under-researched area. There
is a one-day seminar in the offing (on 11 September 2013, see
above blogspot for details of call for papers) and, depending
upon the levels of interest, the future may hold further seminar
events, a dedicated journal space, conference streams, or even a
full graphic justice conference. Let’s make it so!
Thomas Giddens is a lecturer at Queen Mary’s
University College, Twickenham
'+!*#'
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The ReValuing Care Research Network, funded by the Arts and
Humanities Research Council (AHRC), is developing an
interna tional, inte rdisciplinary networ k of ac ademics and
related third-sector professionals working together to
interrogate contemporary and future approaches to conceptual
and normative understandings of care. The network is being led
by Rosie Harding (Birmingham), Ruth Fletcher (Keele) and
Chris Beasley (Adelaide), supported by the project
administrator, Tracey Harrison (erevaluingcare@keele.ac.uk).
Members of the network include academics working on
issues related to care from a variety of different sites, disciplines
and contexts, including healthcare, childcare, eldercare,
environmental issues, animal welfare and other related fields.
Anyone with an interest in these issues is very welcome to get
involved in the network. The network builds on academic
connections initially developed through the AHRC-funded
Research Centre for Law, Gender and Sexuality (CentreLGS,
funded 2004–2009) and will facilitate the strengthening of links
between CentreL GS partne r institu tions (K eele, Ken t and
Westminster) and the creation of new research collaborations
with the Fay Gale Centre for Research on Gender at the
University of Adelaide, alongside other new international and
interdisciplinary academic collaborations that arise through the
network‘s activities.
If you are interested in getting involved, please visit our
website to find out more about who is involved. We’ve launched
an open blog space, to which anyone with an interest in ‘care’
(whether conceptually, empirically, or tangentially) is welcome
to contribute. All you need to do to be able to post on the blog is
sign up to be a network member using the ‘Join Our Network’
form on the website. Members will also be added to the network
email list and have access to the private discussion forum space.
The next workshop ‘Caring about social interconnection’
will take place at the University of Adelaide, 1–2 September
2013. All socio-legal scholars with an interest in care are warmly
invited to join us at the workshop.
Further information is available on the ReValuing Care
website wwww.revaluingcare.net. We look forward to
welcoming you to this exciting new network – if you have any
questions about the project, workshops or website, you are very
welcome to contact Rosie Harding at er.j.harding@bham.ac.uk.
Rosie Harding is a senior lecturer at the University of Birmingham
research
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8
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This short article summarises findings gleaned from a
recent questionnaire and interview-based, Royal Institute
of Chartered Surveyors (RICS) Research Trust-funded
study of Scottish construction industry contractors and
sub-contractors’ views on mediation by Andrew Agapiou
and Bryan Clark.
>DB?4E3D9?>
We collected responses from 63 small and medium-sized
construction firms in September and October of 2011 – a
response rate of around 18 per cent. Nine follow-up interviews
were conducted with professionals drawn from the construction
contractor/subcontractor field.
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Eighty per cent of survey respondents professed awareness of
mediation. Given decades of publicity and promotion of
mediation, the finding that one in five respondents had
apparently not heard of the process may be surprising.
Furthermore, we might speculate that many who did not
respond to the survey were also unaware of mediation.
Those in the know about mediation had gathered
information from a wide variety of sources including the
press/media, professional bodies, lawyers, colleagues and
mediation organisations. Interviewees generally espoused a
sophisticated appraisal of the utility of construction mediation
borne out through experience but often lamented the lack of
such appreciation amongst their colleagues.
"5491D9?>5H@5B95>35
The majority of respondents (around two-thirds) had no direct
experience of mediation. We tracked a mere 37 cases in which
mediation had taken place. The most common case types were
change to scope of work and payment (both 11 cases).
In general, the mediations that did occur speak of success.
From the reported cases, some 24 settled with another 5 partially
settling. Parties also seemed generally satisfied with mediation,
in terms of speed, cost, the mediator and outcomes produced.
Interviewees generally regaled positive tales of their mediation
exposure, including enriching and eye-opening experiences
therein. They were especially keen to emphasise the role of
mediation in providing a fruitful environment in which
meaningful communication with one’s opponents, problem-
solving and creative, harmonious solutions to disagreements
could be reached.
For those survey respondents who had declined offers to
mediate, pertinent reasons included the costs of mediation, a
belief in the strength of their legal case, the idea that negotiation
could settle the matter and a belief that the opponent would not
mediate in good faith. Interviewees echoed such concerns by
pointing to the suspicion that mediation was regarded within
many sectors of the construction industry as well as a jaundiced
perception of the process held by lawyers, whose advice very
rarely seemed to be in favour of recourse to mediation.
DD9DE45CD? =5491D9?>
Most survey respondents favoured some sort of institutional
pushing of mediation to put wind in its sails. Seventy-six per
cent agreed that judges should refer more cases to mediation.
Similarly, 76 per cent agreed that rendering mediation a
mandatory first step in court litigation procedures was an
attractive proposition. Interviewees were generally more
cautious about mandatory referral, arguing both from a
practical perspective that it would simply not work, and also
with the principled argument that the court as a public service
should be available to all.
With regard to other, more long-standing means of
resolving construction disputes, a mixed bag of responses was
revealed. It is particularly notable that statutory adjudication
did not fare well with our respondents. Only 25 per cent viewed
it an appropriate forum for resolving construction disputes.
Similarly, our interviewees could hardly be described as
queuing up to sing adjudication’s praises. Concerns voiced
included quality problems with adjudicators, high costs, its
adversarial nature and the potential for abuse by unscrupulous
parties. Both interviewees and survey respondents did note,
however, that adjudication’s default position as well as the
favourable view of lawyers thereto led to it being a barrier to
mediation’s uptake in the industry.
In terms of other barriers, respondents saw both a lack of
awareness of mediation and a negative perception of the process
in the construction industry and legal circles as relevant.
?>3
Our research suggests that, at the industry user level, mediation
may remain largely unnoticed, its potential unrealised. Take-up
is modest and sophisticated awareness of the process scant. It
seems that when parties do try mediation, they generally enjoy
it and often settle their cases. Crossing the Rubicon is the hard
part, however. Much more needs to be done on the ground in
selling mediation to the client base. In this sense, there is a key
role to play for professional bodies such as the RICS in
disseminating mediation messages to their members. This could
perhaps be best achieved through case studies in which industry
players who have tried mediation, speaking the same language
as potential users, convey their own positive experiences in the
process in a manner which strikes a chord.
The full report can be accessed at
wwww.rics.org/uk/knowledge/research/research-reports/
construction-clients-and-mediation/.
Andrew Agapiou is senior lecturer, Department of Architecture,
University of Strathclyde, and Bryan Clark is a professor at the
School of Law, University of Strathclyde
Journal of Law and Society (Summer 2013)
Articles
The common law clean up of the ‘workshop of the world’:
more realism about nuisance law’s historic
environmental achievements – Ben Pontin
Choreographing justice: administrative law judges and the
management of welfare disputes – Vicki Lens, Astraea
Augsberger, Andrea Hughes & Tina Wu
Juridification and the construction of social citizenship –
Anne-Mette Magnussen & Even Nilssen
Homosexuality and the African Charter on Human and
Peoples’ Rights: what can be learned from the history of
the European Convention on Human Rights? – Paul
Johnson
Replacing provocation in England and Wales: examining the
partial defence of loss of control – Kate Fitz-Gibbon
Book reviews
Emily Jackson, Law and the Regulation of Medicines – Phil
Fennell
Heather Douglas & Mark Finnane, Indigenous Crime and
Settler Law – by Tim Rowse
case note
9
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In India, a court case is ongoing concerning students’
access to copyrighted material. Dwijen Rangnekar
summarises the story so far.
Concern about access to educational materials has regularly
been in the news. Whether it is the ‘cost of knowledge’
campaign focusing on Elsevier’s blanket licence policy1or the
suicide of Aaron Swartz.2Also significant was Harvard
University’s announcement that it couldn’t afford the price hike
demanded by journal publishers.3For that matter, initiatives
like those contained in the Finch Report have invited criticism
that they divert research monies – already a dwindling resource
– as ‘article processing charges’ whilst not dealing with the
problem of blanket licences.
These struggles are legion; yet, I want to shift attention to the
analogue world of books and photocopied course packs. The
case in Delhi High Court has Oxford University Press (OUP),
Cambridge University Press and Taylor & Francis litigating
Delhi University and Rameshwari Photocopy Services for
copyright infringement. Not only is the thought of a university
press litigating a university problematic; but this case comes
with a fair dose of colonial-era inequities.
Much of the petition is directed at Rameshwari Photocopy
Services, which is alleged to engage in ‘cover-to-cover’ copying
and preparing ‘unauthorised compilations’, which are ‘stocked
. . . for immediate sales’. For that matter, faculty aren’t spared
any opprobrium, for they are ‘directly encouraging students to
purchase course packs instead of legitimate copies’. Moreover,
outlining a ‘nexus’ between the library and Rameshwari, the
petition alleges that the library ‘stands to illegally profit’ and
sees a ‘clear case of profiteering’. Urging swift action to contain
their ‘insurmountable and incalculable’ loss at the start of the
academic term, the petitioners were successful in securing an
interim injunction in October 2012. Ultimately, the petition seeks
to argue that course packs do not constitute fair dealing and has
the ambition of introducing a reprographic licence system; thus,
the right in copyright is limited by and hostage to exceptions.
The Berne Convention houses exceptions that ‘permit the
reproduction of such works in certain special cases’ (Art 9(2))
and ‘certain free uses of work’ for ‘teaching, provided such
utilization is compatible with fair practice’ (Art 10(2)). Not only
are there no prescribed limits, Berne also leaves it to national
governments to define ‘fair practice’. And, India’s Copyright
Amendment Act 2012 in s 52 spells out a number of a statutory
exceptions, such as fair dealing of any work, excluding
computer programs, for the purposes of private or personal use,
including research (s 52(1)(a)). Further, there is an ‘educational
use’ exemption that allows for the reproduction of any work by
a teacher or a pupil in the course of instruction (s 52(1)(i)). The
petition seeks to read the provisions in a very narrow sense: in
that the physical act of making the copy was not performed by
either the student or the teacher. However, it is quite easy to see
course packs as secure in these statutory exceptions.
Prompted by the petition, which finds that ‘extracts from a
single publication form part of different course-packs’, the case
has attracted discussion on the amount of a work that is copied.
To an extent, this is a false question as neither domestic statutory
exceptions nor international law prescribe specific quantitative
limits. In contrast, this may exist in ‘fair use’ jurisdictions like
the USA, where 17 USC § 107 requires several assessments,
including the amount of the work used and the effect of this on
the potential market for the work. Case law in the early 1990s
witnessed course packs as a breach of this – partly as they were
produced by for-profit corporations. Consequently, the
architecture of payment mediated, through copyright clearance
agencies, a 10 per cent guideline amount for photocopying.
Even on this non-issue as far as India is concerned, a variety of
commentators have scoured the course packs to find that of the
19 books, 11 were below this threshold of 10 per cent.
Course packs have a particular logic – they are not some
random collection of articles, nor an unintended assemblage,
but a playlist of selected reads for specific instruction. For that
matter, readers are invited to peruse the course packs implicated
here – and may find something to copy and be inspired by. With
inadequately stocked libraries, books priced well beyond the
reach of the average student, the absence of local editions and
insufficient distribution channels across the country,
photocopying is the only available means of circulating
educational material.
Delhi University, in its written submission, notes these
logistics of the publishing market, which necessitate photocopied
course packs. In this respect, studies on the comparative cost of
educational material establish two striking facts: first, the
absolute price of books in the global South tends to be higher
than in the North; and, secondly, that consumers in the South
contribute a higher share of their incomes for books. The
estimated cost of one of the course packs at INR82,000 places it at
20 per cent above the Indian per capita annual income.
Yet, course packs are more than just carefully curated playlists.
They reflect the obligation of duty of academics and academia. In a
public petition, faculty members, many of them authors for these
publishing houses, explain that ‘course-packs . . . ensure that
students have access to the most relevant portions of the book
without which [their education] would be seriously
[compromised]’. Framing course packs as piracy, as OUP’s petition
alleges, is what Margaret Chon calls a ‘top-down’ approach and
‘represents a failure in access to essential learning materials’.4
The publisher’s petition argues that these actions are
‘licensed the world over by Reprographic Rights Organisation
... on payment of a nominal license fee’. Soon after the Delhi
High Court interim injunction in October 2012, news circulated
of a leaked letter from one of the lawyers representing the
publishers, which announced this as a ‘test case’ and that the
order would ‘pave the way for the Delhi University to formally
negotiate a license from the IRRO’ (the Indian Reprographic
Rights Organisation). One of the public claims made by IRRO is
that the licence fee amounts to a mere two cups of tea or coffee
per semester. Yet, doing the mathematics, this could work out at
a 100 per cent increase in the cost of a course pack.
More could be said about how this solution seeks to limit fair
dealing and educational use exceptions, or how it initiates the
slippery slope of blanket licences, which brings this note back to
the paradoxical situation where the struggle to lower the cost of
educational material in the North has made some hesitant
advances while in the South prices are still beyond the reach of
most ordinary students.5
Dwijen Rangnekar is associate professor in law at
the University of Warwick
Notes
1whttp://thecostofknowledge.com/
2wwww.guardian.co.uk/technology/2013/jan/13/aaron-swartz
3w www.guardian.co.uk/science/2012/apr/24/harvard-university-
journal-publishers-prices
4 Margaret Chon (2007) ‘Intellectual property “from below”:
copyright and capability for education’ UC Davis Law Review 40:803.
5 Other useful links: the public petition from faculty and others
wwww.change.org/en-IN/petitions/academics-appeal-to-
publishers-to-withdraw-suit-filed-against-delhi-university; and the
Facebook page of the Campaign to Save D School Photocopy Shop
wwww.facebook.com/groups/478306365527423/.
socio-legal news
))
10
!1BD9>3?>F5BC1D9?>G9D8
1F94(E71B=1>
Oxford University Press has digitalised the audio version of
Professor David Sugarman’s (Lancaster University Law School)
interview with H L A Hart of 1988 and posted it on the internet
as part of the 50th anniversary celebrations marking the
publication of Hart’s The Concept of Law and a new (third, 2012)
edition. The interview, and a blog about the interview, can be
accessed at whttp://blog.oup.com/2012/12/h-l-a-hart-in-
conversation-with-david-sugarman/.
B9D9C83145=I>5GC
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On 29 January 2013, the British Academy (BA) submitted
evidence to the House of Lords Science and Technology Select
Committee inquiry into open access (OA). The BA’s submission
is available for download at wwww.britac.ac.uk/news/
news.cfm/newsid/861. The BA believes that the current
Research Councils UK policies are being implemented too
quickly and without a full understanding of the likely impact on
humanities and social sciences disciplines.
B14E1D5AE1>D9D1D9F5C;9<<96931D9?>
As part of the BA’s programme on quantitative skills, the
academy is to consult with stakeholders on how a national
system of recognition of levels of achievement of graduates in
quantitative skills in the social sciences could be established. The
aim would be to signal to employers that graduates have a solid
command of these skills and to signal to students their
significant employability and career benefits. It could also drive
curriculum change and innovation by encouraging universities
to introduce new course options or revised degree programmes
to enable students to achieve these skills. See:
wwww.britac.ac.uk/policy/Quantitative_Skills.cfm.
#5GB5C51B38 9>D?CDE45>D452D
The BA has commissioned new research (by NUS Services Ltd)
to examine the impact of debt on students’ decisions to take on
postgraduate study. With tuition fees of up to £9000 per year,
the level of debt incurred during an undergraduate degree may
deter many from pursuing postgraduate study at a time when
the UK needs more and more highly qualified individuals to be
competitive in the global economy. As part of the research,
approximately 50,000 current students and 15,000 recent
graduates will be invited to contribute their views. See
wwww.britac.ac.uk/news/news.cfm/newsid/855.
SOCIO-LEGAL STUDIES ASSOCIATION • CONFERENCE 2014
The Department of Law a t Robert Gordon University are delighted to announce that w e will
be hosting the Socio-Legal Studies Association Conference in 2014. Based in Aberdeen, the
Department is situated in a purpose-built campus on the banks of the River Dee with modern
facilities throughout.
The conference organise rs are Sarah Christie (s.chr istie@rgu.ac.uk) and Margare t Downie
(m.downie@rgu.ac.uk) and the conference will run from Wednesday 9th to Friday 11th April 2014.
We loo k for ward to wel comin g you !
''5C51B38#5DG?B;9>7(385=5
The Research Networking Scheme is intended to support
forums for the discussion and exchange of ideas on a specified
thematic area, issue or problem. The intention is to facilitate
interactions between researchers and stakeholders through, for
example, a short-term series of workshops, seminars,
networking activities or other events. The aim of these activities
is to stimulate new debate across boundaries, for example,
disciplinary, conceptual, theoretical, methodological, and/or
international. Proposals of up to £30,000 should explore new
areas, be multi-institutional and can include creative or
innovative approaches or entrepreneurship. Proposals must
justify the approach taken and clearly explain the novelty or
added value for bringing the network participants together.
Proposals will need to be submitted by an eligible research
organisation but must involve collaboration with at least one
other organisation, as well as having significant relevance to
beneficiaries in the UK. A highlight notice is currently in place
under the scheme for international collaboration with one or
more of the following countries: Brazil, China, India and
Taiwan. This is a rolling programme with no closing date. See
wwww.ahrc.ac.uk/Funding-Opportunities/Pages/Research-
Networking.aspx.
publications
11
))
Matching Organs with Donors: Legality and kinship in
transplants "1B95>4BK5 13?2 *>9F5BC9DI ?6
%5>>CI91%B5CCM@@
While the traffic in human organs stirs outrage and
condemnation, donations of such material are perceived as
highly ethical. In reality, the line between illicit trafficking and
admirable donation is not so sharply drawn. Those entangled in
the legal, social and commercial dimensions of transplanting
organs must reconcile motives, bureaucracy and medical
desperation. This book examines the tensions between law and
practice in the world of organ transplants – and the inventive
routes patients may take around the law while going through
legal processes. In this sensitive ethnography, Jacob reveals the
methods and mindsets of doctors, administrators, grey-sector
workers, patients, donors and sellers in Israel’s living kidney
transplant bureaus. The study describes how suitable matches
are identified between donor and recipient using terms
borrowed from definitions of kinship. Jacob presents a subtle
portrait of the shifting relationships between organ
donors/sellers, patients, their brokers and hospital officials who
often accept questionably obtained organs. Jacob’s incisive look
at the cultural landscapes of transplantation in Israel has wider
implications. It deepens our understanding of the law and
management of informed consent, decision-making among
hospital professionals and the shadowy borders between
altruism and commerce.
The Law—Science Chasm: Bridging Law's Disaffection with
Science as Evidence 54B93 81B<5C 9 &E94 %B?
??;CM@@
The Law–Science Chasm is a socio-legal study that takes seriously
the varying approaches to science that physicians and scientists
use, as compared to legal actors such as judges and lawyers.
Offering a way to mediate and translate their different
perspectives and assumptions, Gilson uses sociological and
philosophical methodologies to explain each discipline to the
other. Recognizing the incommensurability of science and law in
legal contexts, the book takes seriously the idea of the autopoietic
closure of society’s communicative subsystems and works out
the consequences in particular for science and law. This analysis
both lends support to the credibility of the approach adopted
and sheds light on the problems and the direction in which
potential solutions might lie. The book consequently makes an
important contribution not only to the literature dealing with the
relationship between science and law but also to the literature
dealing with the application of autopoietic systems theory to
tangible concerns. It is therefore of clear significance to those
continuing to wrestle with the challenges thrown up by science
for law and policy, even when the spotlight of public attention is
directed elsewhere.
Socio-Legal Integration: Polish post-2004 EU enlargement
migrants in the United Kingdom 7>95CJ;1 E21
C871D5M@@
This book examines how contemporary migrants form and
transform their involvement with the law in their host countries
and which factors influence this relationship. It suggests a more
comprehensive insight into the socio-legal integration of
migrants by analysing the interplay between the new legal
environment and migrants’ existing culturally derived values,
attitudes, behaviour and social expectations towards law and
law enforcement. Acknowledging the superdiversity of
migration as a global issue, the book uses the case study of Polish
post-2004 EU enlargement migrants to examine values and
attitudes to the rules that govern their work and residence in the
UK and to the legal system in general. With wider international
relevance than just Poland and the UK, this book makes a case for
the meaningful employment of legal culture in socio-legal
integration research and suggests far-reaching consequences for
host countries and their immigrant communities.
The Illicit Trade in Art and Antiquities: International
recovery and criminal and civil liability 1>5D *
1>41>(=9D81BDM @@
Art and antiquities are stolen every day, not only from the UK
but from countries around the world, such as Iraq, Egypt, Libya,
China and India, and are smuggled from one country to another.
This text focuses upon the extent to which laws can protect
vulnerable countries and considers what further steps could be
taken in the future. This involves an analysis of not only
international laws but also English criminal and civil laws to
determine whether enough is being done to deter the illicit trade
in art and antiquities and to recover stolen items. In particular,
as there is evidence that international criminal syndicates are
involved in this trade, there is discussion of recent legislation
dealing with money-laundering, serious organised crime and
corruption. This book provides practical guidance on the
modern law relating to cultural objects which have been stolen,
looted or illegally exported. It explains how English criminal
law principles, including money-laundering measures, apply to
those who deal in cultural objects in a domestic or international
setting. It discusses the recovery of works of art and antiquities
in the English courts where there are competing claims between
private individuals, or between individuals and the UK
government or a foreign state. Significantly, this text also
provides an exposition of the law where a British law
enforcement agency, or a foreign law enforcement agency, is
involved in the course of criminal or civil proceedings in an
English court. The growth of relevant international instruments,
which include not only those devoted to the protection of
mankind’s cultural heritage but also those concerned with
money-laundering and serious organised crime, provide a
backdrop to this discussion.
Socio-Legal Approaches to International Economic Law:
Text, context, subtext =1>41 %5BBI 5CC1B9C 54
'?ED<5475M@@
This collection explores the analytical, empirical and normative
components that distinguish socio-legal approaches to
international economic law both from each other, and from
other approaches. It pays particular attention to the substantive
focus (what) of socio-legal approaches, noting that they go
beyond the text to consider context and, often, subtext. In the
process of identifying the ‘what’ and the ‘how’ (analytical and
empirical tools) of their own socio-legal approaches,
contributors to this collection reveal why they or anyone else
ought to bother – the many reasons ‘why’ it is important, for
theory and for practice, to take a social-legal approach to
international economic law.
Managing Family Justice in Diverse Societies "1F9C
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(5B95C9>!1G1>4(?395DIM@@
The aim of this book is to explore what response the law has or
should have to different family practices arising from cultural
and religious beliefs. The issue has become increasingly debated
as Western countries have become more culturally diverse.
Although discussion has frequently focused on the role Islamic
family law should have in these countries, this book seeks to set
that discussion within a wider context that includes
consideration both of theoretical issues and also of empirical
data about the interaction between specific family practices and
state law in a variety of jurisdictions ranging from England and
Wales to Bangladesh, Botswana, Spain, Poland, France, Israel,
Iran and South Africa. The contributors approach the subject
matter from a variety of perspectives, illustrating its complex
and often sensitive nature. The book does not set out to propose
a definitive strategy that should be adopted, but provides
material on which researchers, advocates and policy-makers can
draw in furthering their understanding of and seeking solutions
to the problems raised by this significant social development.
publications
))
12
The Right to Housing: Law, concepts, possibilities
5CC95?8=1>>1BDM@@
A human right to housing represents the law’s most direct and
overt protection of housing and home. Unlike other human
rights, through which the home incidentally receives protection
and attention, the right to housing raises housing itself to the
position of primary importance. However, the meaning,
content, scope and even existence of a right to housing raise
vexed questions. Drawing on insights from disciplines
including law, anthropology, political theory, philosophy and
geography, this book is both a contribution to the state of
knowledge on the right to housing and an entry into the broader
human rights debate. It addresses profound questions on the
role of human rights in belonging and citizenship, the formation
of identity, the perpetuation of forms of social organisation and,
ultimately, of the relationship between the individual and the
state. The book addresses the legal, theoretical and conceptual
issues, providing a deep analysis of the right to housing within
and beyond human rights law. Structured in three parts, the
book outlines the right to housing in international law and in
key national legal systems, examines the most important
concepts of housing (space, privacy and identity) and, finally,
looks at the potential of the right to alleviate human misery,
marginalisation and deprivation.
Not the Marrying Kind: A feminist critique of same-sex
marriage #93?<1 1B;5B %1<7B1F5 "13=9<<1> M
@@>5G@1@5B213;549D9?>
Winner of the Hart Socio-Legal Book Prize 2013, Not the
Marrying Kind is a new and comprehensive exploration of the
contemporary same-sex marriage debates in several
jurisdictions including Australia, Canada, South Africa, the UK
and the USA. It departs from much of the existing scholarship
on same-sex marriage, which argues either for or against
marriage for same-sex couples. Instead, this book begins with a
critical analysis of the institution of marriage itself (as well as
separate forms of relationship recognition, such as civil
partnership, pacte civile de solidarité, domestic partnership) and
asks whether and how feminist critiques of marriage might be
applied specifically to same-sex marriage. In doing this, the
author combines the theories of second-wave feminism with
insights from contemporary queer theory.
Tort Law and the Legislature: Common law, statute and the
dynamics of legal change ))BF9>41>4 5>>I(D55<5
54C1BDM@@
The study of the law of tort is generally preoccupied by case law,
while the fundamental impact of legislation is often overlooked.
At a jurisprudential level, there is an unspoken view that
legislation is generally piecemeal and at best self-contained and
specific; at worst dependent on the whim of political views at a
particular time. With a different starting point, this volume
seeks to test such notions, illustrating, among other things, the
widespread and lasting influence of legislation on the shape and
principles of the law of tort; the variety of forms of legislation
and the complex nature of political and policy concerns that
may lie behind their enactment; the sometimes unexpected
consequences of statutory reform; and the integration not only
of statutory rules but also of legislative policy into the operation
of tort law today. The apparently sharp distinction between
judicially created private law principles and democratically
enacted legislative rules and policies is therefore questioned,
and it is argued that to describe the principles of the law of tort
without referring to statute is potentially highly misleading.
This book shows that legislation is important not only because
of the way it varies or replaces case law, but because it also
deeply influences the intrinsic character of that law, providing
some of its most familiar characteristics. The book provides the
first extended interpretation of legislative intervention in the
law of tort.
Intersections of Law and Culture %B9C;19C<5B(1B1(D59>5BD
?B5<<11>41B?<9>5,954=5B54C%1<7B1F5"13=9<<1>M@@
Law, once one of society’s most powerful voices, may have lost
some of its edge. Competing discourses in areas of popular
culture increasingly influence and challenge the way law is
understood and applied. This multidisciplinary collection sets
out to examine the mutual influences between law and culture
by means of a series of sophisticated case studies set across
Europe and North America. The relationship is revealed as a
porous one that operates along three axes – how cultural
phenomena are brought under legal regulation, how those
disciplinary processes are resisted through cultural practices
and how those cultural practices then shape how law operates.
By generating a dialogue between well-known scholars from a
variety of backgrounds across law, cultural studies, the social
sciences and literature, transdisciplinary affinities emerge that
offer valuable perspectives, both on the subjects discussed and
on the relationship between law and culture in general.
Organised Crime and the Law: A comparative analysis
!9J1=@25<
This book presents an overview of the laws and policies
addressing organised crime in the UK and Ireland, assessing the
degree to which these systems have been recalibrated in terms
of the prevention, investigation, prosecution and punishment of
organised criminality. While the notion of organised crime itself
is contested, states’ legal responses often treat it and its
constituent offences as unproblematic in a definitional sense.
The author advances a systematic doctrinal critique of relevant
criminal laws, laws of evidence, and civil processes and
constructs a theoretical framework on which an appraisal of
these legal measures may be based, focusing on the tension
between due process and crime control, the demands of public
protection and risk aversion and other adaptations. In
particular, this book identifies parallels and points of divergence
between the UK and Ireland, bearing in mind the shared history
of subversive threats and counter-terrorism policies and
examines the extent to which policy transfer is evident in terms
of emulating the US in the reactions to organised crime.
Intoxication and Society: Problematic pleasures of drugs and
alcohol ?>1D81>5BB9>791B1>'571>1B9>,59>25B7
1>4%899>7D?>54C%1<7B1F5"13=9<<1>M@@
Intoxication and Society sets out to supplement the contemporary
discourse surrounding intoxication with a more nuanced
appreciation of the history and nature of what is very much a
multidimensional problem. It does so by employing an
interdisciplinary framework and cutting-edge sociological,
scientific, legal and ethical analysis in contributions from the
fields of law, sociology, anthropology, history, literature,
neuroscience and social psychology.
Palgrave Macmillan Socio-Legal Studies series: call
The Palgrave Macmillan Socio-Legal Studies series is going from
strength to strength. In addition to the books already published,
the following titles will be coming out over the next few months:
Resisting Economic Globalization by David Schneiderman,
Exploring the ‘Socio’ of Socio-Legal Studies edited by Dermot
Feenan, The Politics of Freedom of Expression by Mark J Richards
and Pills for the Poorest by Emilie Cloatre. We are keen to expand
our list and are actively looking for new projects. Our aim is to
produce two different types of books – a pedagogical resource
for socio-legal teachers, and monographs of cutting-edge
scholarship – which in the best tradition of socio-legal studies
will reach out to a wide audience. We are assisted by a
distinguished editorial board of luminaries in the field, and all
our proposals and manuscripts are reviewed either ‘in-house’
by that team or by established experts in the field. Please contact
Dave Cowan ed.s.cowan@bris.ac.uk.
Dave Cowan is general editor of the Socio-Legal Studies series
events
13
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8—9 April 2013: King's College, London
The conference provides early career researchers with an unparalleled
opportunity to present their work and engage in academic debate.
The subject panels will be chaired by eminent scholars and
practitioners in each subject field. Please see website for full details:
wwww.kcl.ac.uk/law/eventrecords/IGLRC6.aspx.
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12 April 2012: Durham Law School
Convenors: Professor Lorna Fox O'Mahony and Dr Folarin Akinbami.
Please see website for details: wwww.dur.ac.uk/law/events/
lawevents/?eventno=14414&aggregated=1.
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18—19 April 2013: University of Westminster School of Law
Please see SLSA website for full details of call. Closing date: 15 March
2013. wwww.slsa.ac.uk/content/view/281/291
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26—27 April 2013: University of Minnesota, USA
Please website for full details:
wwww.alps.syr.edu/meetingsandconferences.aspx.
;
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29 April 2013: British Library
We’re working longer hours than ever before and can expect to work
for longer. The cost of living is increasing and wages for low and
middle-income earners may not stretch as far as they once did. Yet, at
the same time, there is increasing job satisfaction within many sectors,
retirees become volunteers and older workers are often reluctant to
retire at all! Within this context, can we really say that most of us
simply work to live? This event explores some of the myths and
realities in our relationship to work. Please see website for booking:
wwww.bl.uk/whatson/.
;
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2 May 2013: Senate House, London
This year there are two keynote speeches: the Reverend Mpho Tutu
and Peter Adler. Please see website for booking:
wwww.civilmediation.org/newsletters-online.
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2—3 May 2013: Durham Law School, Centre for Criminal Law and
Criminal Justice
This conference will examine the role of restorative justice within
criminal justice and considers the intersection between theory and the
practical delivery of justice. Please see website for details:
wwww.dur.ac.uk/cclcj/events/. Closing date: 15 March 2013.
;
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8—10 May 2013: Leicester Law School
This is an international and multidisciplinary conference relating to
vulnerability and cultural heritage. It will focus upon combating the
illicit trade in cultural property and issues relating to ethics and
stewardship of heritage items. For details, contact conference
organiser Janet Ulph eju13@leicester.ac.uk.
;
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13—14 May 2013: University of Warsaw, Poland
Please see website for details of this workshop. wwww.pts.org.pl/strona
/pl/187/formality-and-informality.
;
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16 May 2013: University of Westminster, London
Theme: Crossing the Rubicon: regulation, space and human rights.
For details please contact the organisers Pravin Jeyaraj
epravin.jeyaraj@my.westminster.ac.uk or Serhat Yilmaz
eerhat.yilmaz@my.westminster.ac.uk.
;
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11—16 March 2013: University of Mainz, Germany
The Joint Sessions of Workshops have been hosted annually in
different European cities since 1973 and are recognised as one of the
highlights of the political science calendar. Please visit website for
further details: wwww.ecpr.eu/Joint%20Sessions/Default.aspx.
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18 March 2013: Durham Law School
The programme is organised around four themes: the state: critical
perspectives on criminalisation and responsibility; the squatter:
vulnerability, lifestyle, protest and political rhetoric; the land owner:
protecting property and adverse possession; comparative perspectives
and international experiences. The workshop will also reflect on the
broader political, legal and social issues. See website for details.
wwww.dur.ac.uk/law/events/lawevents/?eventno=14102&aggregated=1.
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18 March 2013: British Library, London
Part of the Myths and Realities series of public debates. Addictions to
legal and illegal drugs, alcohol and tobacco are generally considered
to be serious social problems. But what drives addiction? Join experts
from the sciences and social sciences for informed and lively
discussion and debate. Please see website for booking
wwww.bl.uk/whatson/.
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19 March 2013: Haldane Room, Wolfson College, Oxford
Organisers: Bettina Lange and Mark Shepheard. This one-day
workshop will examine whether and how farmers’ rights to access
and use water in England are changing in the light of the transformed
environmental policy context. Farmers have been subject to
environmental stewardship obligations for a long time, in particular
legal duties not to pollute water courses. But the expansion of these
stewardship obligations to include water conservation presents a new
challenge. This workshop therefore addresses the following core
question: through which socio-legal processes do water stewardship
obligations become embedded in the interpretation of water rights?
More information is available on the website: wwww.fljs.org/
water-19March.
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19 March 2013: British Academy, London
Speaker: Professor Cass Sunstein. This lecture explores why many of
our most important decisions are made by default, whether or not we
notice them. Please visit website for details: wwww.britac.ac.uk/
events/2013/The_Maccabaean_Lecture_in_Jurisprudence.cfm.
;
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22 March 2013: University of Warwick
This workshop is part of the ESRC Series: The Public Life of Private
Law. Please see website for details of venue, speakers and previous
workshop recordings: whttp://publicprivatelaw.wordpress.com/.
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22—23 March 2013: Birkbeck, University of London
Theme: ‘Sculpting the human: law culture and biopolitics’. Please see
website for full details. wwww.regonline.com/builder/site/
Default.aspx?EventID=1112745.
;
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24—25 March 2013: Maastricht University, The Netherlands
This conference aims to identify, map and assess art and heritage
disputes. The return of cultural artifacts to their legitimate owners,
the recovery of underwater cultural heritage and the governance of
sites of outstanding and universal value are just some of the issues
which have given rise to art and heritage related disputes.
wwww.maastrichtuniversity.nl/web/Faculties/FL/Theme/Research
Portal/Conferences/ArtAndHeritageDisputes1.htm
events
))
14
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25—29 May 2013: Zhejiang University, Hangzhou, China
Organised by the International Roundtable for the Semiotics of Law
and the International Journal for the Semiotics of Law. See website for
full details: wwww.zjjcxy.cn/meeting/default.html.
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30 May—2 June 2013: Boston Sheraton, Boston, Massachusetts, USA
Theme: ‘Power, privilege and the pursuit of justice: legal challenges in
precarious times’. Details available at wwww.lawandsociety.org/
boston2013.html.
;
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6 June 2013: Centre for Commercial Law Studies, Queen Mary,
University of London
This event provides a unique opportunity for presenters and
participants from across the UK and international research
community to exchange ideas on contemporary legal issues. Selected
papers will be published in a special 2013 volume of the Queen Mary
Law Journal. For information, see the conference website:
wwww.law.qmul.ac.uk/events/items/86944.html.
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13 June 2013: University of Hamburg, Germany
Speaker: Rainer Forst (Johann Wolfgang Goethe University, Frankfurt
am Main). Event organised by the editorial team of Global
Constitutionalism and hosted by Maximilian Steinbeis. Contact: Sassan
Gholiagha esassan.gholiagha@wiso.uni-hamburg.de.
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14 June 2013: Keele University
This seminar is aimed at lawyers, doctors and other expert witnesses.
There will be eminent speakers from legal and medical/scientific
fields to provide an interdisciplinary perspective on the defence of
automatism and the provision of medical evidence for this defence.
To register, please email Tracey Wood et.wood@keele.ac.uk.
;
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17—18 June 2013: Singapore
Theme: ‘The laws of the land lay the foundations of peace and order,
and to ensure people progress in all aspects of their lives – whether in
business, education, travel, health or recreation’. Please see website
for details: wwww.law-conference.org/.
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20—21 June 2013: Middlesex University, Hendon Campus, London
This year’s conference will feature four full lectures and 13 short
papers presented by speakers from a variety of countries and
scholarly disciplines. It is open to anyone interested in
whistleblowing research, for example, academics, students, trade
union officials, practising lawyers and managers. For further
information, please contact David Lewis ed.b.lewis@mdx.ac.uk.
;
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20—21 June 2013: National University of Ireland, Galway
Keynote speaker: Professor Bradley C Karkkainen (University of
Minnesota, School of Law). Papers are invited from scholars and
practitioners across all disciplines on the application of information
and communications technology for environmental regulation.
Closing date: 15 March 2013. See website: wwww.conference.ie/
Conferences/index.asp?Conference=205.
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20—21 June 2013: University College Cork, Ireland
General theme: ‘Rights, responsibilities, and wrongdoings: continuity
and change’. Call closes: 28 March 2013. Please email enquiries to
eucclawconf@gmail.com. The conference incorporates the Centre for
Criminal Justice and Human Rights Postgraduate Conference.
;
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26—28 June 2013: Grenoble, France
Panel: Experimenting with public policy: issuing of design and
effectiveness. See website for details: whttp://icpublicpolicy.org/.
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1—4 July 2013: University of British Columbia, Vancouver, Canada
This conference is jointly presented by the Canadian Law and Society
Association, the Law and Society Association of Australia and New
Zealand and hosted by the University of British Columbia. See
website for details, including keynote and plenary speakers.
wwww.law.ubc.ca/events/law_on_the_edge/.
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4 July 2013: University of Liverpool
An opportunity for postgraduates to showcase research into pressing
national and international legal issues and discuss ideas with a skilled
audience of fellow postgraduates, researchers, established academics
legal practitioners and members of civil society. Closing date: 22
March 2013. See wwww.liv.ac.uk/law/events/event/
44249/instance_id/56165.
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16—18 July 2013: Griffith University, Brisbane, Australia
The conference will bring together academics, lawyers, students and
social activists with an exciting mix of keynote speeches, panel
discussions, formal presentations and interactive workshop sessions.
Call closes: 1 April 2013. See website: wwww.numyspace.co.uk/
~unn_mlif1/school_of_law/IJCLE/index.html.
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22—24 July 2012: City Law School, London
Conference series fostering innovative collaboration and invigorating
dialogue about the use of story across the spectrum of lawyering
skills. This conference will bring together academics, judges and
practitioners to explore the role of narrative in legal practice and
discuss curricular strategies for the use of story and narrative. Contact
Robert McPeake er.j.mcpeake@city.ac.uk.
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28—30 August 2013: Royal Geographical Society, London
See website for details of conference and the legal geography stream.
wwww.rgs.org/WhatsOn/ConferencesAndSeminars/Annual+
International+Conference/Annual+international+conference.htm.
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1—2 September 2013: University of Adelaide, Australia
Following on from the Resourcing Care workshop at Keele University
in September 2012, Caring about Social Interconnection will take
forward conversations about care from theoretical, conceptual and
empirical perspectives. See whttp://revaluingcare.net/events/.
There is some funding support for UK participants. Follow same link.
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4—7 September 2013: Dublin
Papers are invited on the following themes: ‘Parliaments, lawyers and
the law – making and judging law in parliament’; ’Parliaments and
political culture’; ‘Sources and methodology for the study of
parliamentary history’; ‘Parliaments and nation-building’. Call closes:
31 March 2013. See website: wwww.ichrpi.com/meeting2013.html.
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10—12 September 2013: New Delhi, India
This Royal Institute of Chartered Surveyors (RICS) event is organised
by the International CIB Working Commission on Law and Dispute
Resolution. See website: wwww.cobra2013.com/.
SLSA annual conference
@ York Law School
26–28 March 2013
York Law School is delighted to be hosting SLSA 2013. Highlights include:
brand new Law School building
over 250 papers in our popular ‘streams and themes format’
plenary speaker: Baroness Hale of Richmond
doctoral students’ poster competition
SLSA prizewinners author-meets-reader sessions
... and much more.
Details of programme and registration are available at:
http://www.york.ac.uk/law/news/conferences/
For any queries e-mail: slsa2013@york.ac.uk
SLSA
Membership Discount
on selected Law & Society Books*
20%
GlassHouse
new
Books from Routledge Law
To place your order, please visit www.routledge.com/law or call +44 (0) 1235 400 524, quoting ref. SLSA131
Identity, Reconciliation and
Transitional Justice
Overcoming Intractability in
Divided Societies
Nevin T. Aiken
This book analyses how the mechanisms of
transitional justice have a part to play in
promoting reconciliation and sustainable
peace in transitional societies: helping
social groups deeply divided by past
violence to overcome existing
antagonisms and to build more positive
relationships with one another.
Hb: 978-0-415-62833-4: £75.00
eBook: 978-0-203-06935-6
Althusser and Law
Edited by Laurent Desutter
Series: Nomikoi: Critical Legal Thinkers
Althusser and Law is the first book
specifically dedicated to the place of law
in Louis Althusser’s philosophy. This
collection demonstrates that Althusser’s
ideas about law are more important, and
more contemporary, than ever.
February 2013: 234x156: 192pp
Hb: 978-0-415-51718-8: £75.00
eBook: 978-0-203-63162-1
Law and the Question
of the Animal
A Critical Jurisprudence
Edited by Yoriko Otomo and
Edward Mussawir
Series: Law, Justice and Ecology
This book addresses the problem of
‘animal life’ in terms that go beyond the
usual extension of liberal rights to animals.
This book brings together leading and
emerging critical legal theorists to address
the question of animality in relation to law’s
foundations, practices and traditions of
thought. In so doing, it engages a
surprisingly underdeveloped aspect of the
moral philosophies of animal rights, namely
their juridical register and existence.
February 2013: 234x156: 232pp
Hb: 978-0-415-68350-0: £75.00
eBook: 978-0-203-07136-6
Socio-Legal Approaches to
International Economic Law
Text, Context, Subtext
Edited by Amanda Perry-Kessaris
This collection explores the analytical,
empirical and normative components that
distinguish socio-legal approaches to
international economic law both from
each other, and from other approaches.
December 2012: 234x156: 328pp
Hb: 978-0-415-51016-5: £75.00
Social Movements, Law and the
Politics of Land Reform
Lessons from Brazil
George Meszaros
Series: Law, Development and
Globalization
Social Movements, Law and the Politics of
Land Reform investigates how state and
rural social movements are struggling for
land reform against the background of a
re-emergence of constitutional promises and
projects in much of the developing world.
April 2013: 234x156: 208pp
Hb: 978-0-415-47771-0: £75.00
eBook: 978-0-203-58420-0
Privacy, Due Process and
the Computational Turn
The Philosophy of Law Meets the
Philosophy of Technology
Edited by Mireille Hildebrandt and
Katja De Vries
This book engages with the rapidly
developing computational aspects of our
world in order to consider their implications
for the assumptions on which our legal
framework has been built.
May 2013: 234x156: 248pp
Hb: 978-0-415-64481-5: £80.00
eBook: 978-0-203-52764-4
Families of the Missing
A Test for Contemporary Approaches
to Transitional Justice
Simon Robins
Series: Transitional Justice
Families of the Missing interrogates the
current practice of transitional justice from
the viewpoint of the families of those
disappeared and missing as a result of
conflict and political violence. Studying the
needs of families of the missing in two
contexts, Nepal and Timor-Leste, the
practice of transitional justice is seen to
be rooted in discourses that are alien to
predominantly poor and rural victims of
violence, and that are driven by elites
with agendas that diverge from those of
the victims.
May 2013: 234x156: 272pp
Hb: 978-0-415-81248-1: £75.00
eBook: 978-0-203-51707-9
Sex Trafficking
A Private Law Response
Tsachi Keren-Paz
Sex Trafficking: A Private Law Response
examines existing and potential causes of
action against sex traffickers, in order to
outine the argument for fair and effective
private law remedies.
May 2013: 234x156: 256pp
Hb: 978-0-415-58331-2: £75.00
eBook: 978-0-203-50430-7
Law and the Postcolonial: Ethics, Politics,
& Economy seeks to expand the critical scope
of racial, postcolonial, and global theory and
analysis, focusing on how the global
juridico-economic apparatus has been, and
continues to be, shaped by the Colonial and
the Racial structurings of power. It includes
works that seek to move beyond the previous
privileging of culture in considerations of racial
and postcolonial subjectivity to offer a more
comprehensive engagement with the legal,
economic and moral issues of the global present.
State Violence and the Execution of Law
Biopolitical Caesurae of Torture,
Black Sites, Drones
Joseph Pugliese
State Violence and the Execution of Law
examines how law plays a fundamental role
in enabling state violence, specifically secret
imprisonment, and killing-at-a-distance.
April 2013: 234x156: 260pp
Hb: 978-0-415-52974-7: £75.00
eBook: 978-0-203-59774-3
Series Spotlight Law and the Postcolonial: Ethics, Politics, & Economy
Series Editors: Prof Denise Ferreira da Silva, Dr Mark A. Harris
and Dr Brenna Bhandar
Save 20% on any of these books until 30th June 2013 by ordering direct from www.routledge.com/law and using the discount code SLSA131
*Prices shown inclusive of 20% discount. Offer not valid on library and bookshop orders. Please be aware that shipping charges may apply. Offer expires 30/06/2013.
Please e-mail alexandra.fryer@tandf.co.uk for more information.
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