SLSA E‐Newsletter

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This book provides the first sustained treatment of the

implications of life-writing on legal biography, autobiography

and the visual history of law in society through a focus on

neglected sources and on those usually marginalised or ignored

in legal biography and legal history, such as women and

minorities. It draws on a range of sources and disciplinary

approaches including legal history, life-writing, sociology,

history, art history, feminism and post-colonialism, seeking to

build a bridge-head between them. It challenges the

methodologies employed in conventional accounts of legal lives

and aims to ignite debate about the nature of the relationship

between socio-legal studies and legal history. Finally, it aims to

enlarge the fields of legal biography, legal history, history and

socio-legal studies, and to foster a closer and more

interdisciplinary dialogue between these disciplines.

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A contextual analysis of the internal logics of EU health law

through four themes: consumerism; (human) rights; interactions

between equality, solidarity and competition; and risk. Leading

authors in the emergent field explain the interactions and

implications of EU health law through thematic reinterpretation

of the law in context in key substantive areas, such as the

regulation of health research, access of patients to high quality

care, health care professional regulation, organisation and

funding of health care services, and public health. This book

offers a fresh perspective and thorough understanding of EU

health law through individual and collective or systemic

perspectives, and covers health law both within the EU and

globally. Essential reading for anyone interested in health law in

any EU member state or in global health law.

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This report describes concerns about the current legal

framework for transparency in the Court of Protection raised at

a roundtable meeting attended by judges, journalists, lawyers,

civil servants and academics. It makes recommendations for

future reforms to enhance the protection of privacy for litigants

while clarifying and simplifying the legal framework for media

access to the court. The report is available to download here:

whttp://sites.cardiff.ac.uk/wccop/category/public.

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This book makes a unique and timely contribution to the

transitional justice field. In contrast to the focus on truth and those

societies where truth recovery has been central to dealing with the

aftermath of human rights violations, comparatively little

scholarly attention has been paid to those jurisdictions whose

publications by slsa members

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publications by slsa members

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transition from violent conflict has been marked by the absence or

rejection of a formal truth process. It draws upon the case study

of Northern Ireland where, despite a lengthy debate, the question

of establishing a formal truth recovery process remains hotly

contested. The strongest and most vocal opposition has been from

unionist political elites, loyalist ex-combatants and members of

the security forces. Based on empirical research, their opposition

is unpicked and interrogated at length throughout this book.

Critically exploring notions of national imagination and

blamelessness, the politics of victimhood and the tension between

traditions of sacrifice and the fear of betrayal, this book is the first

substantive effort to concentrate on the opponents of truth

recovery rather than its advocates.

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This book explores the relationship between space, subjectivity

and property in order to invert conventional socio-legal

understandings of property. The author demonstrates that new

political possibilities for property may be unveiled by thinking

about it in terms of space and belonging, rather than exclusion.

Drawing on feminist and critical race theory, this book shifts

focus away from the propertied subject and on to the broader

spaces in and through which the propertied subject is located.

Using case studies, such as analyses of compulsory leases under

Australia’s Northern Territory Intervention and lesbian asylum

cases from a range of jurisdictions, the author argues that these

spaces consist of networks of relations that revolve around

belonging: not just belonging between subject and object, as

property is traditionally understood, but also the less explored

relation of belonging between the part and the whole. This book

therefore offers a conceptually useful way of analysing a wide

range of socio-legal issues.

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Recent decades have seen a wave of land law reforms across

Africa, in the context of a ‘land rush’ and land-grabbing. But

how has this been enacted on the ground and, in particular, how

have women experienced this? This book seeks to reorientate

current debates on women’s land rights towards a focus on the

law in action. Drawing on the author’s ethnographic research in

the Arusha region of Tanzania, it explores how the country’s

land law reforms have impacted on women’s legal claims to

land. Centring on cases involving women litigants, the book

considers the extent to which women are realising their interests

in land through land courts and follows the progression of

women’s claims to land – from their social origins through

processes of dispute resolution to judgment. The book explores

three central issues. Firstly, it considers the nature of women’s

claims to land and the extent to which the social issues raised are

addressed by Tanzania’s current laws and legal system.

Secondly, it examines how agency and power relations between

actors engaged in legal processes affect women’s access to

justice. Thirdly, it explores Tanzanian concepts of justice and

rights and how women’s claims have been judged by land

courts in practice. A 25 per cent discount is available to SLSA

members until 31 December 2015 enter code 15828 at checkout

at wwww.boydellandbrewer.com.

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While there is no shortage of studies addressing the state’s

regulation of the sexual, research into the ways in which the

sexual governs the state and its attributes is still in its infancy.

This book argues that there are good reasons to suppose that our

understandings of state power quiver with erotic undercurrents.

The book maintains, more specifically, that the relationship

between ideas of political authority and male same-sex desire is

especially fraught. Through a series of case studies where a

statesman’s same-sex desire was put on trial (either literally or

metaphorically) as a problem for the good exercise of public

powers, the book shows the resilience and adaptability of

cultural beliefs in the incompatibility between public office and

male same-sex desire. Some of the case studies analysed are

familiar ground for both political/constitutional history and the

history of sexuality. The author argues, however, that only by

systematically reading questions of institutional politics and

questions of sexuality through each other will we have access to

the most interesting insights that a study of these trials can

generate. Whether they involve obscure public officials or iconic

rulers such as Hadrian and James I, these compelling fragments

of queer history reveal that the disavowal of male same-sex

desire has been, and partly remains, central to mainstream

understandings of political authority.

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The Civil Partnership Act 2004 and the Marriage (Same Sex

Couples) Act 2013 are important legal, social and historical

landmarks, rich in symbolic, material and cultural meanings.

While fiercely opposed by many, within mainstream narratives

they are often represented as a victory in a legal reform process

that commenced with the decriminalisation of homosexuality.

Yet at the same time, for others they represent a problematic and

ambivalent political engagement with the institution of

marriage. Consequently, understood or labelled as

‘revolutionary’, ‘progressive’ and ‘conservative’, these legal

reforms provide a space for thinking about issues that arguably

affect everyone, regardless of sexual orientation or relationship

status. This collection brings together scholars and

commentators from a range of backgrounds, generations and

disciplines to reflect on the first 10 years of civil partnerships

and the introduction of same-sex marriage. Rather than

rehearsing the arguments for and against relationship

recognition, the essays ask original questions, draw on a variety

of methods and collectively provide a detailed and reflective

snapshot of a critical moment, a history of the present, as well as

providing a foundation for innovative ways of thinking about

and engaging with the possibilities and experiences arising from

the new reality of relationship recognition for gays and lesbians.

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The Environmental Law Review has recently changed ownership

and been acquired by Sage Publications. The editor-in-chief is

Christopher P Rodgers, Newcastle University. Please see the

website for further details and how to submit a paper.

wwww.uk.sagepub.com/journals/Journal202318.

Cyber-privacy or Cyber-surveillance? Legal Responses to

Fear in Cyberspace is a special issue of the journal Information

and Communications Technology Law. All the articles derive from

papers presented within the ‘Information technology law and

cyberspace’ stream at the SLSA Annual Conference and share

common concerns around the issues of privacy, surveillance and

fear within a digitally connected world and the law’s response

to such issues. See wwww.tandfonline.com/toc/cict20/23/3.

The Northern Ireland Legal Quarterly is a peer-reviewed

journal published by Queen’s University Belfast. The editor

invites submissions of articles of up to 12,000 words using

OSCOLA style. This is an open call with no closing date. Please

email submissions in Word format to es.wheeler@qub.ac.uk.

The Family Justice Research Bulletin is a Ministry of Justice

publication and includes a summary of the findings of research

relevant to family justice, updates on the progress of ongoing

and forthcoming projects and information about research events

and news. See wwww.gov.uk/government/uploads/

system/uploas/attachment_data/file/398781/family-justice-

research-bulletin-jan-2015.

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Theme: Belonging. Please visit website for further details

wwww.conference.ie/Conferences/index.asp?Conference=418.

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Keynote speaker: Paul Johnston (Social Mobility and Child Poverty

Commission). Please see website for details

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Abstracts are invited for this workshop at the Manchester Centre for

Political Theory. There is a limited number of bursaries for graduate

students presenting their work. wwww.mancept.com/mancept-

workshops.

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anniversary of Magna Carta. wwww.slsconference.uk

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This is the first of a series of symposia examining the entry of women

to the legal profession through the Sex Disqualification (Removal) Act

1919. Call closes: 30 June 2015. Contact Judith Bourne

ejudith.bourne@stmarys.ac.uk.

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Organised by the University of Liverpool School of Law and Social

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Convenor: Dr Stephen Skinner, Centre for European Legal Studies,

University of Essex. Please see website for details:

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Keynote speaker: Professor Feona Attwood. Please see website for

details wwww.lancaster.ac.uk/arts-and-social-sciences/news-and-

events/forthcoming-events/5192.

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This is one of the winners of the 2015 SLSA seminar competition.

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grants-and-seminars/seminar-competition#June05_19

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Speaker: Helen Wallace, British Academy. See wwww.britac.ac.uk/

events/2015/Does_the_European_Union_Need_Britain.cfm.

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Organised by the School of Law, Portsmouth University. Please see

website wwww.port.ac.uk/school-of-law/school-events/symposium-

on-law-and-compassion.html. This is one of the winners of the 2015

SLSA seminar competition. More details are on page 5.

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Speaker: Alex Ruck-Keene. See wwww.slsa.ac.uk/images/

2015spring/Medico_Legal_conference_-_Call_for_papers_120115.pdf.

Contact ee.dobson@worcester.ac.uk.

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Details available at wwww.aic.gov.au/events/

aic%20upcoming%20events/2015/wsv.html.

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Please visit website to register for this free event

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researchers-inaugural-conference.

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Chair: Aidan O’Neill QC. Please see website for details:

wwww.britac.ac.uk/events/2015/Racial_Discrimination_and_

Criminal_Justice.cfm.

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Please see website to register whttp://store.london.ac.uk/

browse/extra_info.asp?compid=1&modid=5&deptid=179&catid=66&

prodid=901.

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wwww.lancaster.ac.uk/fass/law/event/5271.

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Please see website for details whttp://crimejusticeconference.com.

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Organised by the National Centre for Research Methods and the

International Journal of Social Research Methods. Free event but please

register at whttp://store.southampton.ac.uk/browse/extra_

info.asp?compid=1&modid=5&deptid=8&catid=23&prodid=655.

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Please see website for details: wwww.britac.ac.uk/events/2015/

The_Race_Relations_Act_at_50.cfm.

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Please see website for details wwww.family2015.info.

events

17

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"% !(&'

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Australian and New Zealand Society of Criminology annual

conference. wwww.flinders.edu.au/ehl/ccpr/anzsoc-2015.cfm

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Please visit website for details of the Law and Society Association of

Australia and New Zealand annual conference

wwww.aomevents.com/LSAANZ2015. Call closes: 26 June 2015.

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Theme: Legal reform and innovation. Please see website for details

w http://law.adelaide.edu.au/anzlhs/.

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This is one of the winners of the 2015 SLSA seminar competition

Details to be announced via the SLSA ebulletin and website in due

course.

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Please see webpage wwww.slsa.ac.uk/images/2015spring/

Coimbra_Call_2016_.pdf for details. Call closes: 1 January 2016.

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See website for details wwww.howardleague.org/justice-and-penal-

reform. Call closes: 21 September 2015.

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Contact Belinda Crothers ebelinda.crothers@sas.ac.uk.

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Contact Ioannis Glinavos ei.glinavos@westminster.ac.uk for details.

Call closes: 1 August 2015.

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Keynote speaker: Robert Aldrich, University of Sydney. Convenors:

Sean Brady (Birkbeck, University of London) and Mark Seymour

(University of Otago). Please visit website for further details

whttps://sodomylawssamesexmarriage.wordpress.com.

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Speakers include: J B Ruhl (Vanderbilt), Sionaidh Douglas-Scott

(Oxford) and Sylvia Walby (Lancaster). This is a Centre for Law and

Society conference. Please see website for details

wwww.lancaster.ac.uk/fass/law/event/5272.

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Contact eissuesoffact@gmail.com for details.

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Please see webpage for details wwww.slsa.ac.uk/index.php/prizes-

grants-and-seminars/seminar-competition#May22_10. This is one of

the winners of the 2015 SLSA seminar competition. More details are

on page 5.

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A workshop to discuss a new book edited by Linda Mulcahy and

David Sugarman. This is a Legal Biography Project event. Please

contact Bradley Barlow e b.barlow@lse.ac.uk.

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Keynote speakers: Saskia Sassen (Columbia University); Maeve Cooke

(UCD); and George Letsas (UCL). Conference of the Association of

Legal and Social Philosophy. Please see the call for abstracts at

wwww.law.qmul.ac.uk/docs/research/151708.pdf. Closing date:

1 July 2015.

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Please see website for details wwww.birmingham.ac.uk/schools/

law/news/2015/03/cfp-appointing-judges-diversity.aspx. This is one

of the winners of the 2015 SLSA seminar competition. More details

are on page 5.

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This symposium aims to provide up-to-date information on the

theory and practice of neurolaw including sleep disorders and

neuroimaging. The symposium would be of interest to all

professionals involved in forensic aspects in this area. For further

details, please contact Lisa Wood elwood2901@gmail.com or John

Rumbold eneurolaw_UK@yahoo.co.uk.

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Please see website for further details

whttps://bos1.onestopsecure.com/Canberra/OneStopWeb/VW6/

createbooking?e=FBGL014.

Social and Legal Studies 24(1)

Patrick McAuslan: an appreciation – Ambreena Manji

Property and empire: from colonialism to globalisation and

back – a previously unpublished article in memory of

the author – Patrick McAuslan

‘Spacing’ minority relations: investigating the tribal areas of

Pakistan using a spatio-historical method of analysis –

Sabrina Gilani

Roberto Esposito and the biopolitics of property rights –

Matthew Stone

How UK climate change policy has been made sustainable –

David Campbell

In your face: piercing the veil of ignorance about niqab-

wearing women – Natasha Bakht

Troubling times for young people and families with

troubles: responding to truancy, rioting and families

struggling with adversity – Raymond Arthur

Newsletter advertising

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slsa annual conference

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18

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The success of the streams and themes format means that

some convenors are keen to give their streams and themes

a life beyond the Annual Conference. The newsletter is

delighted to give space for this to happen and now there

is also a dedicated area of the website available for

convenors’ use.

The autumn newsletter will as usual carry the call for papers for

next year’s Annual Conference. In the meantime, if you are a

convenor and would like to disseminate information about your

stream via the website, please contact our webmaster Jed Meers

to find out how you can set up a stream or theme page

ejed.meers@york.ac.uk.

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This year’s ‘Banking and finance’ stream was excellently

attended and had lots of lively and interesting discussion on

topics ranging from the origins and history of banks to the

innovative issue of virtual money and elaborate tax schemes.

The stream ran over the entire day on 1 April 2015 and had a

record number of presenters and audience members in

attendance. As usual with the stream there is a lot of interest

around hot topics such as regulatory reform, tax issues,

corporate governance, executive remuneration and bitcoins, but

it was also wonderful to see the debate encompass both the

political, social and even neuroscience elements of this diverse

legal topic. All of the presenters came to the conference with

highly engaging papers which pave the way for future research.

A special thanks to Ngozi Okoye for stepping in to chair the

first session and to all the presenters who continue to support

the stream. We shall see you all in Lancaster in 2016.

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We hosted a new theme on the topic of ‘Exploring legal

borderlands: empirical and interdisciplinary approaches’ at

SLSA 2015. Our call for papers was very broad and aimed at

exploring the uncertainties and interactivity of legal

borderlands. We defined legal borderlands as including, but not

limited to: the division between the formal and informal, law

and non-law, and jurisdictional boundaries. Recognising that

legal borders are often not clearly defined or static, we invited

papers that examine social practices which fall within the grey

areas, as well as papers which trace the development of norms

and concepts within or across legal borderlands, or which trace

the movement of the borders themselves through social agency.

We aimed to showcase empirical and interdisciplinary methods

of socio-legal research.

This approach led to a great deal of interest in our theme and

we received many more abstracts than we were expecting. We

decided to hold five sessions (15 papers) grouped into themes

that developed from the submissions: property; legal

consciousness; methods and actors; administration; and

corporate banking. In a sixth session, we also hosted Kirsten

McConnachie’s author-meets-reader session. Kirsten was a joint

winner of the 2015 Hart–SLSA Prize for Early Career Academics

for her book Governing Refugees: Justice, order and legal pluralism

(Routledge 2014). It was also a great pleasure to have Professor

Julio Faundez as discussant for the book.

Overall, our theme sessions were very well-attended. They

provided space for the presentation of a broad range of current

empirical and theoretical research and triggered various

discussions that engaged with our concept of legal borderlands.

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The stream this year enjoyed teaming up with other streams for

some joint sessions. One such session and our opener was with

the ‘Mental health and capacity’ stream where papers

considering the issue of insanity provided some interesting

discourse and drew upon the diverse disciplines of the

delegates. Many thanks to Louise Kennefick and Leon McRae

for starting the stream on such a strong footing with their

thoughtful papers.

After travel delays, the stream also successfully paired up

with the ‘Sentencing and punishment’ stream to hear about and

contribute to the Law Commission’s exercise to codify

sentencing procedure in England and Wales

whttp://lawcommission.justice.gov.uk/news/sentencing.htm.

The current complexities of the system were outlined and

ambitious proposals for simplifying or at least making the

process more accessible and consistent were presented to the

audience. For SLSA members that are interested in contributing

to the project, any comments or thoughts as to how sentencing

procedure could be codified and complexity be reduced may be

sent to esentencing@lawcommission.gsi.gov.uk.

The stream also had a number of focused criminal law and

criminal justice sessions with presenters sharing some new and

exciting research projects and many with a strong empirical

element. As always the convenors were pleased to welcome

presenters with a range of experience and at different stages in

their career. It is our hope that, through the process of

presenting and networking, the delegates of this stream have

developed some exciting ideas for their future research.

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A total of 18 papers were presented in the ‘Gender, sexuality

and law’ (GSL) stream at Warwick and the stream featured new

and familiar faces. As in previous years, there was also a

mixture of experienced senior academics and PhD students

presenting and interacting as part of the vibrant dialogue that

often characterises GSL at the SLSA.

A number of themes emerged through the stream this year,

comprising: queer kinship and the law of intimate relationships;

crime; constructing gender and the body; GSL history; rights;

and sex, legitimacy and governance. Papers also once again

drew upon a mixture of empirical, archive-based and theoretical

methodologies.

The stream organisers are looking forward to organising the

next stream in Lancaster. Any queries regarding the stream

should be directed to Chris Ashford or Alex Dymock.

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Having previously convened a stream at the York conference we

knew that there was a real interest among academics in the

increasingly important role that information is playing in law

and society generally. Four very successful panels in Warwick

confirmed this. Topics discussed ranged from the European

regime governing the international sharing of fingerprint

profiles, the protections afforded to whistleblowers and the

Solicitors Regulation Authority’s method of disclosing equality

data. Despite this diversity, the participants and aud ience

members were able to identify common themes in the different

papers and engage in productive discussions regarding the

perils and possibilities of information.

The first panel examined sharing of forensic bioinformation

in Europe, focusing on the Prüm Council Decision. The second

panel examined whistleblowing and the ways in which

slsa annual conference

19

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whistleblowers are let down by organisations that fail to either

address the issues of concern or protect their workers from

dismissal or detriment. The position of vulnerable workers, both

economic migrants and those within the health service, was

considered. The third panel featured discussions of domestic

violence disclosure, information sharing by accountants and the

ways that law firms can be encouraged to improve diversity

outcomes through disclosure of information. The final panel

included consideration of attitudes to sharing information, the

strange opacity of judicial information and the decision of the

Supreme Court in Catt.

All in all, the panels were highly successful, and we would

hope to convene panels on similar topics in future.

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This year’s ‘Sexual offences and offending’ stream contained six

fascinating and challenging papers across three sessions. The

first session, framed around criminal justice responses to pre-

teen and teenage women, featured two papers analysing the

ways that this group are not usually represented as harmed

parties, but are instead blamed and in some cases labelled as

exemplars of the permissive society. Drawing on Stan Cohen’s

concept of ‘states of denial’, Maureen O’Hara analysed the way

the authorities in Rochdale and Rotherham denied the harm

done to young women in order to deny their own responsibility,

while Kirsteen Mackay analysed the media reporting of pre-teen

mothers, demonstrating how the reporting shamed the mother

and failed to recognise the sexual crime that resulted in the child

in the first place. In the second session, Nicolle Zeegers

compared the effects of the differing regulatory regimes around

sex work in The Netherlands and Sweden, arguing that its

liberalisation has not resulted in greater agency for the women

involved in comparison to countries where prostitution is

criminalised. The third panel, broadly framed around legal and

criminal justice responses to rape, featured a paper by Louise

Ellison and Vanessa Munro presenting preliminary evidence

from a quantitative study demonstrating that those with

psychosocial disabilities are more discriminated against by

criminal justice personnel than other sexual assault victims.

Joanne Conaghan set out a strong case for enabling civil

litigation against the police following unsuccessful rape

investigations, using either tort or human rights law, and

Siobhan Weare reiterated the arguments for gender-neutral

sexual offences, with a strong emphasis on the impact upon men

and women coerced into sex by a female partner. Audience

members engaged with all the papers, resulting in a high level

of debate and discussion.

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We came with inklings and openings, and we left with glimpses

of linkages and opportunities. We had asked for

methodological, substantive and personal musings on

registration as a tool of governance and law and, at the end of

three sessions and nine papers, we have only just started

opening up registration’s possibilities. The papers ranged across

registration of land, birth, marriage and death, and the register

as governance of secret surveillance and medical expertise.

Discussions roamed more widely, touching on many other ways

in which registration appears; transforming, fixing and

flattening. Perhaps modernity’s ultimate representative of

public transparency, of speed and certainty, papers reflected on

the ways the register in history had also acted (or failed) out of

public sight. However, we saw contemporary registration

emerging to act in politics, making people and places available

to law by wiping clean the inaccessible, reducing the complex,

and hiding the messy intricacies of lived existence. We explored

both the historic and contemporary register overpromising,

excluding and ritualising, creating and mirroring value,

evidencing or generating validity. We sought resistance to the

register and to registration and also saw acts of registration

opening possibilities and engaging with identity and meaning.

We skirted around ground we will need to retrace, touching on

registration’s boundaries with bureaucracy and listing, on the

act of registration itself, and on erasure from the register. We

have started putting together a network, but we have only just

begun an exciting journey. We would love you to join us; look

out for updates via the SLSA website, and contact us at the

emails below.

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Michael Jefferson of the University of Sheffield’s School of Law

launched a ‘Labour law’ stream some years ago. The stream has

run every year since with around 10 presenters across three or

four sessions. Problems have been remarkably few, except for

difficulties with what is now the UKVI (Visas and Immigration)

and the snow at the de Montfort Annual conference, which

reduced the first session to one speaker. Some speakers have

been almost ever-present, which is a boon to organisers, and

some – and I would instance here overseas speakers – have

shone a welcome light on how the UK government does things.

Because Michael has become the honorary secretary to

another law subject association, he has found difficulty in

attending all of each of the most recent conferences (the two

associations’ conferences normally overlap) and he had hoped

he had found a successor, temporary or permanent, in the figure

of Sam Middlemiss (Robert Gordon University) who came

onboard when the conference went to Aberdeen. He thanks Sam

for his help in the last couple of years. Sam, however, is retiring.

Kindly he has suggested a colleague, Margaret Downie, also at

Robert Gordon University, who will take over as chair after a

handover period.

His tip, which may be obvious, is that it is too difficult to be

in two places at once, the chair of one stream and speaking at the

same time in another stream! This is, however, more than

counterbalanced by the assistance over the years from

colleagues in the SLSA who helped by smoothing the

organisational glitches occasioned by having to be in two places

at the same time.

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The ‘Refugee law and policy’ theme met for the first time at the

SLSA Annual Conference in Warwick. It is clear from the

response to the call for papers that a broad and fascinating range

of research is being conducted in this topical area of law and

policy. Sixteen papers were presented over two days, covering a

variety of issues, including global refugee law regimes,

historical perspectives, procedural issues and problems of legal

interpretation. Speakers came from both practice and academia

and the papers of every session prompted long and fruitful

discussions. The level of PhD student participation was

particularly pleasing.

I would like to thank all presenters, session chairs and

participants for helping to launch ‘Refugee law and policy’ in

such a successful way and hope that it will become a regular

feature of future SLSA conferences.

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SLSAAnnualConference2016

SchoolofLaw,LancasterUniversity

5th—7thApril2016

LancasterUniversityLawSchoolaredelightedtohost

theSLSAAnnualConference2016inourbeauful

360‐acreparklandcampusjustoutsideofthehistoric

cityofLancaster.Welookforwardtowelcomingyou!

FormoreinformaonpleasecontacttheorganisersTo mWebb

(t.webb@lancaster.ac.uk)andBenMayfield(b.mayfield@lancaster.ac.uk).