SLSA E‐Newsletter

Published date01 March 2015
Date01 March 2015
DOIhttp://doi.org/10.1111/j.1467-6478.2015.00703.x
1
((
Newsletter

Socio-Legal
     
No 72
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lSLSA news – pages 3–5
lSLSA research grants – page 6
lWhat has the AcSS done for us? – page 7
lJudicial images project – page 8
lTribute to Patrick McAuslan – page 9
lSocio-legal news – pages 10–11
lPublications – pages 12–13
lEvents – pages 13–14
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The SLSA Executive Committee is delighted to announce
the winners of this year’s SLSA- Hart prizes. Many
congratulations to all the winners.
lThe book prize goes to Emilie  Cloatre (2013) Pills for the
Poorest: An exploration of TRIPS and Access to Medication in
Sub-Saharan Africa published by Palgrave Macmillan (Socio-
Legal Studies series).
lThe early career prize is awarded to Nevin T  Aiken (2013)
Identity, Reconciliation and Transitional Justice: Overcoming
intractability in divided societies published by Routledge.
The article prize is shared this year between:
lSarah  Keenan (2013) ‘Property as governance: time, space
and belonging in Australia’s Northern Territory
intervention’ Modern Law Review 76(3): 464–93; and
lOishik  Sircar (2012) ‘Spectacles of emancipation: reading
rights differently in India’s legal discourse’ Osgoode Hall Law
Journal 527–73.
The prizes will be awarded at the SLSA’s annual dinner on
Thursday 10  April  2014 at the Beach Ballroom, Aberdeen,
during our annual conference. At the same event Professor
Roger Cotterrell will receive his special award for Contributions
to the Socio-Legal Community.
Emilie Cloatre, Nevin Aiken, Sarah Keenan and Oishik
Sircar will be taking part in author-meets-reader sessions during
the conference to discuss their winning publications. Please
consult the conference programme for specific times.
The full prize shortlists are available on the SLSA website.
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This year’s annual conference is being hosted by Robert Gordon
University Law School in Aberdeen, from 9–11 April 2014, at the
riverside campus on the banks of the River Dee on the western
edge of the city. The theme for the plenary session this year
could be nothing other than Scottish independence.
The conference programme will include the usual mix of
streams and themes. This year’s themes are:
lFamilies and work;
lColonial legalities;
lLanguage, power and the law;
lRenewing critique in criminal justice (panel).
There are 27 streams across a broad range of subject areas,
including two new streams for 2014:
lAccess to environmental justice;
lInternational criminal justice: theory, policy and practice.
Plus, there will be three special researcher development sessions
(see below).
Following on from its success last year, the postgraduate
poster competition is running again this year: closing date
26  March  2014. See the website for details on how to submit
your entry.
Don’t forget that standard registration stays open until
21 March  2014 after which late rates will apply. For further
details, please go to wwww.rgu.ac.uk/slsa2014.
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At the 2014 conference we will be introducing ‘researcher
development’ sessions as part of the parallel sessions
programme. There are three sessions planned for this year:
Getting published: this interactive workshop will be led by
editor of the JLS, SLSA stalwart and winner of the 2013 SLSA
prize for contributions to the socio-legal community, Phil
Thomas. The aim of the workshop is to introduce young,
underpublished scholars to the how and why of research
and publishing.
Open access: everything you wanted to know about open
access publishing (but were too afraid to ask)! The session
will be led by SLSA chair Rosemary Hunter, and will mark
the launch of the SLSA’s Guidance on Open Access.
Getting funded: this session will include the socio-legal
studies member of the ESRC grants assessment panel, Anne
Barlow, and a representative from the SLSA research grants
committee, among others.
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We recently conducted a survey of convenors to gauge
their interest in having some kind of continuing activities
for their streams and themes beyond the annual
conference and, if so, in what form.
As a result of the survey, we will be introducing a
‘streams and themes’ blog and new pages on the SLSA
website which streams and themes can use to post items
of interest to group members. We will also be calling
specifically for news from streams and themes to include
in a dedicated section in each newsletter so convenors
should make a note of the next newsletter deadline:
19 May 2014.
More details of the blog and streams and themes area
of the website will be provided as and when they become
available.
slsa noticeboard
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slsa news
3
((
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Members of the SLSA Executive Committee will be attending
our annual conference at Robert Gordon University in
Aberdeen. As usual, we will have a stand located near the
publishers’ displays and members are invited to come and meet
committee members to find out more about the work of the Exec
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. (For full details of the Exec, see page 2.)
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Gavin Dingwall, Penny English, Caroline Hunter, André
Naidoo and Jane Scoular will be standing down from the Exec at
the AGM. Thanks are due to all five for major contributions to
the work of the SLSA over recent years. Apart from contributing
to the routine committee work, Gavin organised two extremely
successful SLSA annual conferences at Leicester De Montfort
Law School in 2009 and 2012 and served on the book prize and
seminar committees; Penny co-organised the one-day
conference ‘Teaching socio-legally’ and served on the seminar
committee; Caroline organised last year’s popular conference at
York Law School; André has performed an invaluable role as
publisher liaison officer; and Jane has chaired the SLSA Grants
Committee for the past two years.
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The SLSA’s annual general meeting (AGM) will take place on
10 April  2014 at Robert Gordon University during the
conference. If you would like to suggest an agenda item for the
AGM please send details to SLSA secretary Chris Ashford
echris.ashford@northumbria.ac.uk by Thursday 27  March
2014. NB copies of the minutes of last year’s AGM will be
included in this year’s conference packs (also downloadable
from the Exec page of the SLSA website).
Three 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. The SLSA Constitution provides for
the position of ‘Scottish Representative’ on the Executive so we
particularly encourage Scottish members to consider
nominating.
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The SLSA Executive Committee needs to be able to retain
experienced members in honorary officers’ posts for more than
three years. Under the current constitution, if a member takes up
one of these positions (e.g. chair, treasurer etc) towards the end
of their first three-year term on the committee they are obliged
to stand down at the end of their second term from the post and
from the committee. This means that the experience they have
built up is lost. At the January 2014 Executive Committee
meeting, members voted to change the constitution to allow
these officers the option of a second term. This is a constitutional
amendment that needs to be put to the AGM on 10 April 2014 at
Robert Gordon University. Details of the proposed amendment
are as follows (proposed changes in bold italics):
4. HONORARY OFFICERS:
4.1. There shall be 5 Honorary Officers. The Honorary Officers
shall be a Chairperson, Vice-Chairperson, Honorary Secretary,
Honorary Treasurer and Membership Secretary, all of whom (with
the exception of the Vice-Chairperson) shall be elected from
among members by an Annual General Meeting and shall hold
office for a period of three consecutive years. At the end of such
term they may be nominated for re-election as an Officer for
another three consecutive years, but once they have served six
years as an Officer they must resign and are not eligible for re-
election as an Officer until the space of at least one year has
passed.
4.2. The Executive Committee shall elect a Vice-Chairperson from
among their members.
4.3. An Annual General Meeting may at its discretion elect a
President and one or more Vice-Presidents and may prescribe their
terms of office.
5. MANAGEMENT:
5.1. The affairs of the Association (excepting those matters
reserved to a General Meeting by this constitution) shall be
directed by an Executive Committee of not fewer than 15
members and not more than 25 members, not including co-opted
members.
5.2. The Executive Committee shall consist of the Honorary
Officers as defined in Clause 4.1. together with members of the
Association elected at an Annual General Meeting, subject to the
provision of Clause 5.1.
5.3. The Executive Committee shall be entitled to co-opt
additional members, but the number of co-opted members shall
not at any time exceed one-third of the total membership of the
Committee.
5.4. The Executive Committee shall meet for business at least
twice a year.
5.5. A meeting of the Executive Committee shall be valid only
when a quorum of members (being 10 members) is present.
5.6. Each member of the Executive Committee shall be elected for
a term of three consecutive years. At the end of such term they
may be nominated for re-election for another three consecutive
years, but once they have served six years they must (subject to
clauses 5.7 and 4.1) ordinarily resign and are not eligible for re-
election to the Executive Committee until the space of at least one
year has passed.
5.7. Honorary Officers may stand for re-election for a third term
of three years in the circumstances set out in clause 4.1, but at
the end of that term they must resign and shall not be eligible for
re-election to the Executive Committee until the space of at least
one year has passed.
5.8. The Executive Committee may appoint sub-committees and
shall determine their membership, duration and terms of
reference. All sub-committees shall make regular reports on their
work to the Executive Committee.
5.8. The Executive Committee may co-opt any other person to
serve as a member of the Committee, provided that the number of
co-opted members of the Executive Committee shall not exceed 8
at any one time. [Delete this clause, since it duplicates clause 5.3
(in slightly different terms)].
5.9. The Executive Committee shall ensure that one of its number
is designated as the Scottish Representative (see Paragraph 10 of
this Constitution).
5.10. At least one member of the Executive Committee shall be a
postgraduate student who shall act as the postgraduate
representative.
The full text of the constitution is available at
wwww.slsa.ac.uk/images/documents/constitu.pdf.
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The SLSA’s consultation on its draft guidance on open access
has now closed. Many thanks to those who provided
feedback. The final version of the Guidance will be launched
at the annual conference at Robert Gordon University, which
will include a session on open access (see page 1).
slsa news
((
4
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I was fortunate enough to attend the SLSA postgraduate
conference at the University of Liverpool from 8 to 9 January 2014
along with 28 other PhD students from UK and international
universities. The majority also came to the evening social event –
an informal and very pleasant dinner at a city centre bistro.
Senior socio-legal academics Rosemary Hunter, Sally
Wheeler, Linda Mulcahy, Fiona Cownie and Tony Bradney
made highly significant contributions, adding even more value
to the excellent work of conference organiser Helen Stalford.
For the seminars across the two-day period, participants
were divided into two groups, allowing us to focus closely on
the topics covered: giving a conference paper; academic job-
hunting; getting through your viva; getting published;
managing your supervisor; and research ethics. This last was
particularly appreciated because of the detailed examples given.
Students were encouraged within the seminars to get involved
in discussions with their peers and to merge theory and practice.
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Building on the successful SLSA conferences – ‘Exploring the
socio in socio-legal studies’ (2010) and ‘Exploring the legal in
socio-legal studies’ (2012) – the Centre for Socio-Legal Studies at
the University of Oxford invites abstracts for a conference to
explore the comparative in socio-legal studies to be held in
Oxford 15–16 December 2014.
As the field of socio-legal studies has expanded,
comparative issues have come to the fore. The study of law in
society is now often the study of ‘laws in societies’, as scholars
grapple with the nature and role of different types of law in
different types of society. Societies vary throughout the world,
as much as laws do, and a fruitful way of exploring many socio-
legal phenomena – one that captures nuance and subtlety – is to
consider the subject-matter in comparative perspective.
The possibilities offered by socio-legal comparison go
beyond matters of doctrine and substance. The variety of
comparative approaches in socio-legal studies, the opportunities
and challenges they present, the range of questions they can
address, and the different methods they can employ deserve
more sustained reflection.
The purpose of the conference is to map out the different
questions that may be addressed through comparative socio-legal
study, the different approaches that can be used to address them,
and the ways in which they can enhance wider scholarship in both
socio-legal and comparative legal studies.
Opening the event to socio-legal scholars in the UK, we
invite papers from a range of perspectives, including empirical,
conceptual, and critical theoretical. They may engage with any
of the above reflections and/or illustrate the results of
comparative research. We ask contributors to address at least
some of the following questions:
lWhat issues and questions benefit from a comparative
approach in socio-legal studies?
lWhat different disciplinary and methodological approaches
can be used, and what types of question might they address?
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This event, organised by the Institute of Advanced Legal
Studies (IALS), the SLSA and the British Library, will be held
at the IALS in Russell Square, London, on 19  May  2014. As
with previous events in this series of national socio-legal
training days, the aim is to draw attention to archives and
content that newcomers to the field may not be aware of and
to consider the methodological and practical issues involved
in analysing sources.
Collections include: Archives of Legal Education (IALS);
British Library collections; Hall Carpenter Archive (LSE); and
the Women’s Library (LSE). Confirmed speakers are Richard
Collier, Newcastle Law School; Fiona Cownie, Keele University;
Elizabeth Dawson, IALS Archive of Legal Education; Heather
Dawson, LSE Library; Rosie Harding, Birmingham Law School;
Rosemary Hunter, Kent Law School; Dominic James, Birkbeck;
Daniel Monk, Birkbeck; Leslie Moran, Birkbeck; Amanda Perry-
Kessaris, Kent Law School; Polly Russell, British Library; and
Jon Sims, British Library.
Visit the IALS events page for programme and booking
details. See whttp://events.sas.ac.uk/events/view/15965. If
you would like to go on the mailing list to receive further
information, please email eials.events@sas.ac.uk.
For details and outputs of last year’s event see
whttp://events.sas.ac.uk/events/view/13848 or search ‘legal
biography’ at whttp://sas-space.sas.ac.uk.
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Make space in your diary for the third in our successful
‘Exploring’ socio-legal studies conference series and
another socio-legal research methods training day. And
Giorgia Cigalla reports on our most recent postgraduate
conference in Liverpool in January.
lWhat can such research contribute to debates in comparative
legal studies?
lWhat are the limits of comparative thinking in socio-legal
studies?
lTo what extent could the comparative be advantageous in
socio-legal pedagogical practice?
Closing date for abstracts (maximum 350 words): 20 June 2014.
Please send your abstract to Katie Orme eadmin@csls.ox.ac.uk.
Paper proposers will be notified if they can be included by
7 July 2014.
Participants will be asked to provide a draft paper by
1 December  2014. It is intended that selected papers from the
conference will form part of an edited collection or a special
issue in a socio-legal academic journal. The organisers envisage
no conference fee, and one night’s accommodation will be
provided for paper presenters. Places are consequently limited.
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A particularly strong point of the event was its combination of
a practical approach with an informal attitude. The information
provided was extremely useful, both from the immediate
perspective of conducting research but also in focusing on longer-
term professional academic aspirations. Attendees not only had
the opportunity to learn from the extensive experience of the
speakers, but we were additionally able to interact with them and
with our contemporaries. As a result, the atmosphere was
stimulating and dynamic. I am confident that the network
facilitated between the students will bring positive consequences
in the future, in terms of collaboration and professional
interaction on an international level.
This conference represented a golden opportunity for PhD
students like me to learn and to network. Moreover, the practical
advice provided will undoubtedly prove extremely useful in
allowing us to improve upon our research methods and reach
our academic ambitions. I am confident that this conference will
act as the initial step for many further years of involvement with
the SLSA for these bright and talented researchers.
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slsa news
5
((
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Kevin Brown has been a member of the Executive
Committee for two years. He is our international liaison
officer and a member of the Research Grants Committee.
I am currently a lecturer at Newcastle Law School and director
of the Newcastle Forum for Human Rights and Social Justice.
My research interests lie broadly within the fields of criminal
justice, community safety and the regulation of the digital
world. I apply socio-legal perspectives including
interdisciplinary and empirical methods to my research. My
educational background and employment history have shaped
my research interests. I developed a passion for the study of law
through my LLB (Hons) and diploma in legal practice, both
obtained from the University of Aberdeen. As a research
assistant, initially at the University of Aberdeen and
subsequently the University of Manchester, I developed an
interest in socio-legal explorations of the work of legal actors
and their tools of governance. My PhD, granted by the
University of Manchester, explored these themes in relation to
the governance of anti-social behaviour in social housing.
I enjoy engaging with those who put the law into practice
and find it inspires me to learn and write. Talking through
issues with practitioners, whether as part of a formal empirical
study or just catching up over a cup of tea at a conference, gives
me insights into law in practice that no amount of analysis of
statute or case authority would provide. In 2011, I was lucky
enough to obtain money to host two conferences for anti-social
behaviour practitioners which were attended by over 190
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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, Hart, Palgrave
Macmillan and Routledge books bought online
lspecial membership category for retired members
. . . and much more. Visit wwww.slsa.ac.uk for full details.
##()&$-)
Are you paying the correct membership fee into the right
bank account?
The annual fee for standard members is now £40 (increased
from £30 in 2011). If you have not yet increased your standing
order to £40, please inform your bank directly as soon as
possible. Some members are still paying to an old Lloyds bank
account rather than to the SLSA’s Cooperative Bank current
account and should change their standing orders now. A form
is available at wwww.slsa.ac.uk/join-the-slsa-now which also
has details about all membership and joining issues. Members
who do not adjust their standing orders for the 2014–2015
membership year will eventually be removed from the
directory and email list and their payment considered as a
donation to the SLSA.
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. Fees are due on 1 July each year.
-52C9D51>4C?391
The SLSA website contains comprehensive information
about the SLSA and is also the home to the SLSA directory.
The news section is updated weekly and updates are
circulated to members via a weekly e-bulletin. To request
the inclusion of a news item and for any queries, contact
Marie Selwood emarieselwood@btinternet.com.
You can also follow the SLSA on social media.
lWebsite wwww.slsa.ac.uk
lTwitter whttps://twitter.com/SLSA_UK
lFacebook w www.facebook.com/groups/55986957593
lLinkedIn wwww.linkedin.com/groups/SocioLegal-
Studies-Association-4797898
delegates. Organising them was daunting but I found it richly
rewarding. More recently, I have had the thrill (and I did behave
like an excitable teenager at the news) of parliamentarians citing
my research. Baroness Helen Newlove, the current Victims’
Commissioner for England and Wales, acknowledged my work
in her 2012 report on ‘Building Safe, Active Communities’. My
writing was also referred to in the House of Lords in October
2013 during a debate on proposals to reform the legal
interventions available to tackle anti-social behaviour.
I am a firm believer in the importance of widening
participation and of the need for universities to be pro-active in
promoting this. I have recently had the pleasure of leading on
the introduction of a pro bono mentoring scheme at Newcastle
University. This involves law students in partnership with
trainees from the North East region’s largest law firms
mentoring school and college pupils from some of the most
deprived parts of Newcastle.
I have been a member of the SLSA since my days as a PhD
student at Manchester. I attended the postgraduate conference
during my first year. I found the experience immensely helpful
and made friends whom I look forward to catching up with at
the annual conference. Currently, I serve on the Executive
Committee of the SLSA where I hold the international liaison
portfolio and sit on the sub-committee for the awarding of
research grants. I am always very impressed with the standard
and variety of socio-legal research being conducted by our
members and often find myself wishing that we could award
grants to everyone! I look forward to seeing many of you at
Robert Gordon University for our annual conference.
Social and Legal Studies 23(1)
A ‘special’ delivery? Exploring the impact of screens, live-links
and video-recorded evidence on mock juror deliberation in
rape trials – Louise Ellison and Vanessa E Munro
Spatializing religious freedom: inhabiting the legal frontier
between ethnic and national rights – Diana Bocarejo
Criminal justice and Cape law’s persons – George Pavlich
Knowing women: translating patriarchy in international
criminal law – Doris E Buss
The fixation on wartime rape: feminist critique and
international criminal law – Nicola Henry
The synthetic necessary truth behind New Labour’s
criminalisation of incest – James A Roffee
slsa grants
((
6
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9>D5B>1D9?>111
John Jackson, University of  Nottingham, and Yassin Brunger,
University of Leicester, £1950
The SLSA generously awarded us funding in 2012 to complete
an initial st udy on evidence in the internatio nal criminal
tribunals which aimed to address the lack of any socio-legal
comparison of the evidentiary norms, processes and practices
that operate within international criminal processes. The project
has also benefited from funding from the School of Law,
University College Dublin, and the Society of Legal Scholars.
The SLSA funding enabled us to transcribe a number of
semi-structured face-to-face interviews that we conducted with
a range of practitioners who have had experience of working in
international criminal trials, including judges, prosecutors,
defence counsel, Chambers counsel and registry officials. Over
the course of our study, which took place in two phases, we
conducted 37 interviews. The first phase focused on
practitioners who worked in the Hague-based institutions – the
International Criminal Court, the International Criminal
Tribunal for the Former Yugoslavia and the Special Tribunal for
Lebanon – while the second phase concentrated on practitioners
based at the International Criminal Tribunal for Rwanda. From
the outset, it became apparent that many practitioners had a
multitude of experience that cut across these tribunals and
others centred elsewhere – e.g. the Special Court of Sierra Leone
and the Extraordinary Chambers in the Court of Cambodia. This
enabled us to draw upon a rich source of knowledge about the
evidentiary challenges faced by practitioners in obtaining,
disclosing, evaluating and adjudicating on criminal evidence in
the international arena, how they managed to deal with the
different legal cultures and norms that come into play in the
course of international trials and the lessons to be learned from
this experience for the design, management and conduct of
future international criminal trials.
The research has also aimed to make a contribution to
current debates about the future of international criminal justice.
As some of the ad hoc tribunals have wound down and been
replaced by residuary mechanisms, questions have inevitably
arisen about the legacy of their work. In an article in a recently
published symposium which we guest-edited in the Leiden
Journal of International Law on integrating a socio-legal approach
to evidence in the international tribunals, we argue that any
comparative assessment of the legacy of the different tribunals
has to take account not only of the procedural and substantive
legal norms developed but also of the contribution the tribunals
have made towards the emergence of a generation of
international criminal practitioners. As they move from one trial
to another and engage in a process of cross-pollination, these
practitioners are developing a common understanding of
professional norms harnessed for the particular challenges of
international criminal practice.
Related to questions about the legacy of the tribunals have
been recent debates about the harmonisation and fragmentation
of international criminal law and procedure. A comparative
assessment of the rules and practices that have developed
within the different tribunals suggests that there are significant
differences between the procedural rules and practices of the
tribunals. Some issues have been particularly controversial,
such as the different approaches that have been taken towards
whether legal practitioners should prepare witnesses for giving
testimony (‘witness proofing’, as it is called). Our research,
however, found that as practitioners jettison the domestic
cultures they have come from and address the perplexities and
difficulties involved in the prosecution and defence of
international crimes, considerable consensus would seem to
have emerged about ‘best practice’. In a piece to be published in
a forthcoming collection of essays on pluralism in international
criminal law, we argue that the need to be sensitive to the
different cultures of the regions that international criminal
tribunals have to work in suggests that rather than aiming
towards a harmonisation of practice, it is better to aim towards
a shared pluralism in which different practices can operate
within shared understandings and values.
References
Jackson, J and Brunger, Y (2014, forthcoming) ‘Fragmentation and
harmonization in the development of evidentiary practices in
international criminal tribunals’ in E van Sliedregt and S Vasiliev
(eds), Pluralism in International Criminal Law, OUP
Jackson, J and M’Boge, Y (2013) ‘The effect of legal culture on the
development of international evidentiary practice: from the “robing
room” to the “melting pot”’ Leiden Journal of International Law 26:
947–70
"*)*)")($*)
-(
Last year the SLSA Executive Committee decided to
introduce a new category of award to assist PhD students
in carrying out their fieldwork and the first of these
awards are announced below along with four research
grant projects. New grantholders will summarise their
research aims in the summer issue of the newsletter
meanwhile, below, John Jackson and Yassin Brunger
report on their completed project.
95<4G?B;7B1>DC
lAlysia Blackham, Cambridge University, £1500 – Age and
employment: towards a new framework for structuring
employment security
lSean Columb, Queen’s University Belfast, £1100
Excavating the organ trade: an Egyptian case study
lOrla Drummond, University of Ulster, £1095 – Inclusive
justice? A comparative examination of the participatory
nature of Special Educational Needs Tribunals in Northern
Ireland and Wales
lJoanne Hawkins, Bristol University, £1617.60 The
legitimisation of hydraulic fracturing regulation: power,
prejudice and public participation
lRachel Killean, Queen’s University Belfast, £700 – The
developing role of victim participation in transitional justice
systems: civil parties in the Extraordinary Chambers in the
courts of Cambodia
lMark Simpson, University of Ulster, £780 – Social citizenship
in the devolutionary state: the case of lone parents in
Northern Ireland
(5C51B387B1>DC
lOona Brooks, University of Glasgow, £1741.41 – Counter-
allegations of domestic abuse reported to the police: A pilot study
lDermot Feenan, Portsmouth University, £1774 – Gender and
judicial appointments in Ireland: a survey of male judges
lFae Garland and Mitchell Travis, Exeter Law School, £1875 –
Exploring the possibility of being ‘X’: lessons from
Australia’s legal construction of intersex
lMax Lowenstein, Bournemouth University, £758 – Judicial
communication in the English Youth Court: expressing
sentencing remarks towards violent offenders at the custody
threshold
academy of social sciences
7
((
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Academician Robert Dingwall shines a light on the
activities of the Academy of Social Sciences.
The SLSA is one of 46 learned societies and similar organisations
that belong to the Academy of Social Sciences (AcSS). There are
also approximately 900 individual members, elected for their
distinction in scholarship or public service in the social sciences
– each year the SLSA has the right to propose a number of
candidates. What does the SLSA get for its subscription? Last
summer I was elected to the Academy’s Council and this is a
snapshot of the issues that are currently being dealt with.
One of the main things that the Academy does is to engage
with government, Parliament and the policy community on
behalf of the social sciences. Research and higher education
policy has a tendency to reflect the experiences of the STEM
(science, technology, engineering and maths) disciplines,
particularly the biomedical ones at present, with social sciences
and humanities as something of an afterthought. Some of the
largest societies with professional staff have the resources to
advocate for their own interests individually but Academy
membership particularly benefits medium-sized groups like the
SLSA by aggregating their concerns and helping to make them
heard. Right now, one of the big issues is the introduction of
open access (OA) policies on publishing. This is a good example
of a development that gave very little concern to the problems it
would create for the social sciences. Overall, about 20 per cent of
the income of learned societies comes from publishing journals,
although this varies greatly with some societies depending on
this for 80 or 90 per cent of their income. Gold OA – see the SLSA
website for an explanation of the terms wwww.slsa.ac.uk/
content/view/307/ – would reduce this income by up to 85 per
cent. There are also important issues about the intellectual
property rights of authors and their right to control the integrity
of their work – the Creative Commons attribution (CC-BY)
licence not only allows free re-use, including commercial re-use,
by other parties but also permits ‘mash-ups’ that may distort an
author’s carefully drafted conclusions. The Academy promoted
a major conference on this topic in November 2012 and has since
been regularly presenting evidence to parliamentary
committees, the second phase of the Finch Review, and the
Department of Business, Innovation and Skills. It is currently
completing a review of the business models of the member
learned societies, which will support the societies in
benchmarking their performance against each other and in
considering the implications of OA for their revenue base.
Although the SLSA does not itself have a journal, it has received
a good deal of support from the Journal of Law and Society, which
places it at risk just as much as a society that receives income
directly from journal publishing.
Research ethics and governance is another example of an
area where policies have been uncritically transposed from the
biomedical sciences with potentially damaging impacts on the
social sciences and humanities. The Academy’s criticisms of the
recent Concordat on Research Integrity brought about
significant changes in the final document. There has been
continuing work over the last three years on problems created
by the introduction of university research ethics structures,
which have resulted in a recent conference that has consolidated
a collective position among a wide range of stakeholders ahead
of an upcoming Economic and Social Research Council review
of its requirements, and engaged the Health Research Authority
and Social Care Research Ethics Committee in positive
discussions about their approach to regulation. It is also closely
monitoring US developments and the likely reform of the
institutional review board system that has provided a model for
many UK institutions.
Some SLSA members will know that the future of the
national census is under review. The Academy has taken a
leading role in explaining why this is an invaluable and
irreplaceable source of certain kinds of data to inform debates
on social policy. However, the Academy was the only social
policy organisation to identify the privacy and security concerns
that would be associated with a move to favouring online
submission of data, if the census is retained. Its breadth of
membership allows it to identify dimensions of issues that
might be overlooked by more specialised representations.
Finally, the Academy has a continuing role through the
Campaign for Social Science in promoting awareness of the
contribution of the social sciences to the development of public
policies that promote innovation, economic development and the
quality of life. There are regular events, briefing papers and
meetings that remind politicians, civil servants and specialist
advisers – in all the nations of the UK – of what the social sciences
have to offer. This is supported by engagement with Universities
UK, Research Councils UK and the funding councils for higher
education to ensure that the interests of the social sciences are not
overlooked in debates about strategy and resourcing.
The SLSA could do some of these things on its own – but it
would make much greater demands of its volunteer officers and
committees. Working through the Academy, the SLSA is part of
a constituency of more than 90,000 members with many shared
issues and concerns. It can sometimes be frustrating that time
has to be spent in building a consensus among the member
organisations – but that is often a valuable educational process
for everyone and results in well thought-out and compelling
advocacy. These may not be great times for advancing the
interests of the social sciences – but the imperatives of a strong
defence should be clear to everyone.
Journal of Law and Society (Summer 2014)
Articles
The shifting balance of power in the regulatory state:
structure, strategy and the division of labour – Donald
Feaver and Benedict Sheehy
Combating the sexual exploitation of children in travel and
tourism in southeast Asia: international law
enforcement cooperation and civil society partnerships –
Melissa Curley
The new puritanism: the resurgence of contractarian
citizenship in common law welfare states – Philip Larkin
Stepwise progression: the past, present and possible future
of empirical research on law in the US and the UK –
Mike Adler and Jonathan Simon
Socio-Legal Studies in Aotearoa/New Zealand – Kim
Economides
Book reviews
Patrick McAuslan, Land Law Reform in Eastern Africa
Ambreena Manji
Joanne Conaghan, Law and Gender – Lydia Hayes
Paul Schiff Berman, Global Legal Pluralism – Richard Wilson
*85>5GC<5DD5B>554CI?E
News and feature articles are always needed for the
newsletter, plus information about books, jo urnals and
events. The next deadline is 19  May 2014.
Contact Marie Selwood emarieselwood@btinternet.com
or t01227 770189.
socio-legal research
((
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Leslie J Moran, Birkbeck, and Linda Mulcahy, LSE,
introduce their new research project.
The image of the judge has long performed an important
symbolic role in the legitimisation of legal systems and state-
sanctioned power. The form judicial images take is diverse:
from mediaeval funeral monuments, painted portraits, official
photographs and fictional TV characters to amateur videos
uploaded onto YouTube. Image-making is invariably
supported by courtroom design, costumes, props and a
variety of performance techniques. The audiences for these
images are also multiple including fellow judges, lawyers,
litigants, trial spectators, local elites and the general public.
The ongoing political and cultural significance of judicial
images is powerfully illustrated by contemporary debates
about the ban on cameras in the courts and criticisms of
members of the judiciary as appearing ‘out of touch’ in their
scarlet robes and full-bottom wigs. The production of images
of the judiciary has never been the sole domain of the state,
but the credibility of official image production by the state is
increasingly under attack. Scholarly reactions to this
phenomenon have to date been limited and slow.
Diminishing audiences at trials over the last century mean
that public confidence in the legal system has become more
dependent than ever before on mass media and is increasingly
dominated by screen media and visual images. At the same time
the production of, and interest in, domestic and imported
courtroom drama seems to be inexhaustible. New formats such
as reality court TV (e.g. Judge Judy and its many imitators) have
engaged with legal subjects in novel ways. Important
technological changes have also taken place that enable mass
audiences to view factual and fictional representations of courts
24/7 in their homes and anywhere they can carry a tablet or
mobile phone. Finally, new opportunities to make images have
created a new breed of ‘citizen journalists’ who can produce
subversive images and circulate them worldwide on portable
devices within minutes of an event happening. These
developments potentially generate previously unimaginable
levels of televisual literacy and information about justice and the
courts in particular.
Judicial image-making and management have frequently
been the subject of controversy. Illegal films of chaotic and
undignified courtrooms produced and disseminated widely via
YouTube by critics of the state and cartoons and comedy
continue to expose the heavily regulated nature of ‘openness’
and the censored nature of ‘transparency’. At the same time, the
media has been criticised for its incapacity and unwillingness to
inform and educate citizens about law, preferring instead to
sensationalise, scandalise and entertain. New initiatives, such as
judicial communications offices, have been developed in
response and recent developments allowing cameras in courts
are championed as a breakthrough in openness and
transparency in the justice system. Despite the importance of
these debates, little academic attention has been paid to the
ways in which judicial images are created, managed or
consumed or the methods through which official accounts of
justice, trials and judges are subverted. Moreover, screen
media’s capacity to enhance ‘openness’, to achieve greater
‘transparency’ or to promote ‘accountability’ has rarely been
critically considered in any depth.
The authors have recently been awarded a network grant by
the Arts and Humanities Research Council (AHRC) to explore
these issues and promote further debate. The judicial images
project aims to generate a new expert network that will enhance
research capacity and invigorate interaction with practitioners
in the media and creative industries involved in the practical
day-to-day aspects of image-making, image management and
image use. The network will be made up of three groups of
participants. The first of these will be established and early
career researchers from a range of disciplines such as law, art
history, performance studies, semiotics, media, communications
and sociology. They will be joined by legal and communications
practitioners, courtroom artists, portrait painters, curators,
architects, television producers and film-makers working in
factual and fictional formats. Finally, the network will bring
together these constituencies with government officials, legal
professionals, legal archivists and the judiciary. The funds made
available by the AHRC will be used to draw together expertise
that is currently scattered across jurisdictions and
compartmentalised according to disciplinary boundaries. A key
feature of the workshops will be that, in addition to traditional
academic paper-giving, participants will be actively encouraged
to use film, costume and models to illustrate their arguments.
Three workshops will be held at Birkbeck and the LSE at
which each of the themes of production, management and
consumption of the judicial image will be explored. These will
be followed by a public lecture where the themes and outputs of
the workshops will be consolidated and explored. The project
will be supported by a dedicated website and social media
applications where the curious will be able to find images,
podcasts and other research resources. Most importantly, users
of these facilities will be encouraged to contribute to the
network by depositing on the website papers and images they
have created and by commenting on the virtual exhibition that
the website will host.
The grantholders are particularly keen to hear from
members of the socio-legal community who are interested in
working with us on the production of teaching materials
suitable for law students and citizenship programmes. If you are
interested in any aspect of this project we would love to hear
from you. We expect our website to go live very shortly and
details of it will be posted in the weekly e-bulletin to all
members of the SLSA.
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patrick mcauslan
9
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Professor Patrick McAuslan passed away on 11 January
2014. Andreas Philippopoulos-Mihalopoulos pays a
personal tribute.
I don’t know the details of Patrick’s apparently deteriorating
health, or of his death for that matter. I know very basic things
about the whole event, and I have chosen to keep it like this.
This is because I do not want to close the biggest question of my
life. I do not want to round it up with the final event. I want the
question mark to linger.
Let me tell you a couple of things about my relationship with
Patrick before I explain what the question mark is about. I met
Patrick, or indeed Professor McAuslan for me at the time, when
I started my LLM degree at the University of London. His
course was the only one that grabbed me right from the title: it
was about cities, law, land and development. It promised heat
and sweat, Africa and Asia, fumes and noise, dirt and
corruption. It promised an affirmation: amidst all this, there was
a grand ‘yes’ rushing through the streets of the cities of the
global South. I could not contain my disappointment, nay,
terror, when on the third session, the lights of the classroom
were off and no one was there. The class was a perilous affair
from the start, with a handful of people, which seemed to go
down from the first to the second session. But no one? I climbed
up to Patrick’s office, a little nest high up in the Birkbeck law
school building, with a tilted roof, too low for the towering
professor, and an almost Paris-like feel of the roofs of London
coming in through the tiny window. No class? No class, I am
afraid, he says. All have dropped out. May I carry on with the
class, please? I say. I have already done three weeks of it and,
frankly, nothing else seems as interesting as this course in the
whole intercollegiate curriculum. That was the moment of his
first yes: I enjoy teaching, he says, and I do not see why not.
Thursday mornings, for a whole year, I was expected to
‘raise issues’ after reading pages upon pages of reports, case
studies, articles and even whole books for each session.
Thursday morning, 9am, sleepy and fully aware of my
whiteness and my pale ignorance of everything I was studying
about, perched on the top of Bloomsbury, ‘raising issues’. Two
hours of intense but never discouraging back and forth, two
hours of talks between what must have been the most patient
man in London and the most ludicrous fumbling for ‘issues’ by
a most inexperienced, cushioned, 20-odd-years-old white
European. The yes was being formed. He was sharing with me
his one passion: the yes to the possibility of improvement from
within. His great dilemma, solved with a characteristic Scottish
dryness: how to help the global South without maintaining the
direction of colonisation, of the one tall white man instructing
the various committees, public bodies, international
organisations, whole countries. The answer: by enabling. By
eavesdropping into the gurglings of the system within, and
allowing this to blossom. By folding in the people whose bodies
were one with the ground, the land and its ravaging, and by
encouraging them to contribute to their own Land Registration
Code, their own Property Cadastre, or their own Environmental
Charter. By remaining ignorant, fresh, enthusiastic, wholly
given to the particular of every situation, corporeally dedicated
to the process. Each land was one infinite immanence of yes-
sayers, along which Patrick flowed, pacing it down and
spreading it through as soon as he would step off his plane. The
indigenous foreigner, the observer that belonged, the ear of the
land. Market, yes. But with regulation. Land law, yes. But only
through the locals. Law, yes, even common law, yes. But with
indigenous customary law. These were the real ‘yeses’ that kept
on being rehearsed in his little shop of wonders in Bloomsbury.
I asked him to be my PhD supervisor. Yes. I made him read
pages upon pages of my theoretical fumbling, from open
ecosystems to closed autopoietic systems, from Lacanian fathers
to Jungian enantiodromias, from proto-Marxist banner-cradling
to post-Marxist body-cradlings. Yes, I read it twice and I begun
to understand, he would say. Twice! I could not even bring
myself to read these tirades once after I had blurted them out.
Conceited nonsense, world-altering paradigms, immodest
theoretical acrobatics, revolutionary wet dreams. Yes, yes, yes
(not in a lackadaisical, I-have-seen-it-all way, but in a yes, why
not, let’s see way). More yes: he asked me, I am going away, I
need someone to teach my property law classes, how is your
property law? Non-existent, I said, full of civil law shame. Good,
he said, you are starting after the summer. He asked me to mark
undergraduate essays. Stern and fearful, I gave what I felt were
fair marks. He did not comment but gave me his marked essays
‘to second mark or just have a look’. My marks went up at least
20 per cent after that. Yes, yes, yes.
And here comes the biggest yes, the one that I do not want
to close and I will resist closing as much as I can think and write
and create. My first draft done, a theory of autopoiesis for the
urban environment, nice and fragmented, all good. He says, this
is very good. But what is your thesis? Well, I am looking at this
and that through the other. Yes, he says, but what is your thesis?
It took me six writing-up months of a research exchange in
Cleveland, 9/11 in NYC, and a night trip in a Rio de Janeiro
favela to understand the question. This is the biggest yes of my
life, and Patrick has opened it up for me. A thesis as a position,
a seat from which one sees the world, the one idea (we are lucky
if we have even half an idea in our lives, as another Birkbeck
yes-sayer, Anton Schutz, told me once) that is lived through the
body and makes the body contort and fold in and make of itself
the thesis. The thesis is what you live by, ever-changing, ever-
there, never closing.
I am writing this as I fly from Hobart, Tasmania, to Sydney.
The end of a two-month lecturing tour across Australia, full of
indigeneity, ground, land, country, law, cities, world. Also, a
land full of vibrating intellect, a pulsating question mark of a
country that ebbs back and forth between the possible and the
impossible. A thinking community that allowed my thesis to
evolve, while keeping on saying yes. These are things I would
never have been able to feel had it not been for Patrick. Like me,
waves of students and colleagues and friends, his own family,
his wife Dorette and his daughter Fiona, and a host of countries
across the world, have learnt, through and with Patrick, the
importance of yes.
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socio-legal news
((
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The Institute of Advanced Legal Studies invites PhD
supervisors in law to this specially tailored day of presentations,
discussion, break-out sessions, networking opportunities and
optional library tours. Contributors include: Avrom Sherr,
Constantin Stefanou and Helen Xanthaki, Institute of Advanced
Legal Studies; Alison Diduck, University College London; Linda
Mulcahy, London School of Economics; Harry Rajak, University
of Sussex; and Lisa Webley, University of Westminster.
The training day will take place on 19 March 2014. Fees: full
£65; morning £45; afternoon £35. Contact: ebelinda.crothers
@sas.ac.uk. wwww.events.sas.ac.uk/events/view/15789.
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The International Council for Research and Innovation in
Building and Construction (CIB) Programme Committee has
established the New Task Group T89 on Construction
Mediation Practice and appointed Dr Andrew Agapiou,
Strathclyde University, and Dr Deniz Artan Ilter, Istanbul
Technical University, as the joint coordinators.
CIB was established in 1953 as an association whose objectives
were to stimulate and facilitate international cooperation and
information exchange between governmental research institutes
in the building and construction sector, with an emphasis on those
institutes engaged in technical fields of research.
The value of mediation has been widely acknowledged, as
evidenced by the number of jurisdictions in which the courts
oblige parties to negotiate and adopt mediation to settle
construction disputes. A body of literature in the construction
mediation field, of course, exists in many jurisdictions,
including England and Wales, Scotland, the USA, South Africa,
Turkey and Australia. Nonetheless, little has been uncovered on
the potential scope, purposes and practices of court-connected
construction mediation and particular issues that arise within
the context of formal justice systems. The Task Group will shed
light on this aspect of jurisprudence worldwide.
The inherent dilemma of court connection necessarily
influences the nature of mediation when it is conducted within
the litigation context. Nonetheless, court-connected mediation is
not restrained from delivering some degree of responsiveness,
self-determination and cooperation, which are core features of
the mediation process and transcend the differences between
theoretical notions of mediation. These core features are
delivered to disputants through opportunities to explore a range
of their own interests, participate directly and cooperate. There
is some empirical evidence that has demonstrated that these key
opportunities are denied to many disputants within some
common law jurisdictions, most notably in Australia,
nonetheless, this aspect of jurisprudence remains largely
unexplored within the construction context.
The bulk of academic research seeking to explore the views
and experiences of key actors relative to mediation is also often
concerned with the legal profession rather than clients or other
players perhaps partly because lawyers are an easier grouping
for researchers to access than the client base. Nonetheless, in the
main, the predominant focus upon lawyers reflects the belief
that they act as gatekeepers to use of mediation and hence are
vital in development of the process. That this is often true is
undisputable. To what extent and when lawyers are in the
driving seat relative to decisions to mediate is an altogether
more nuanced affair, however, that warrants further analysis
and international comparison.
For further information about CIB TG89, contact
eandrew.agapiou@strath.ac.uk and eartande@itu.edu.tr.
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As recently as 10 years ago law clinics were the exception rather
than the rule in the UK. As surveys into pro bono and clinical
activity have shown year on year the number of clinics found on
undergraduate and vocational programmes has grown steadily
and substantially. The last survey revealed that over 70 per cent
of law schools now have clinics of one sort or another. From its
initial findings the current survey (2014) suggests that this
number has increased.
It is perhaps therefore surprising, given the extent of this
development, that taught programmes in clinical legal education
at postgraduate level have been slow to follow. The University of
Ulster broke this mould in 2012 with a programme focusing
largely on the practice of welfare law in Northern Ireland.
From October 2014 York Law School will offer an LLM in the
Theory and Practice of Clinical Legal Education. This
programme is unique in that it focuses on the rationale for and
the design and delivery of ‘hands-on’ methods of studying law
from both educational and professional practice perspectives.
On completion students should be equipped to set up and run
their own clinical courses.
The programme should appeal to those wanting to develop
their knowledge, skills and values as law teachers and/or as
legal practitioners. It is likely to draw in a cohort from across the
common and civil law worlds.
Not only will students on this LLM address, in an applied
way, the theories underpinning educational ‘best practice’ but
they will also put those principles into effect through supervised
casework and the mentoring of others engaged in clinical
classes. As clinic in general is based on learning by doing, this
LLM in particular will involve the masters students in becoming
clinical teachers under, of course, the supervision of
professionally experienced and qualified staff.
The programme comprises three compulsory modules that
cover theoretical and professional practice considerations of
establishing and maintaining a clinic followed by a range of
electives that allow the student to use this framework in the
context of specialist legal subjects. It will also be possible to
undertake a comparative study. To complete the programme a
dissertation, on an aspect of clinical study of the student’s
choice, is required.
The University of York is a well-respected institution that
regularly features amongst the top 10 universities in the UK and
the premier 100 in the world. York Law School is similarly
regarded in part for its teaching and research quality (it was
ranked overall fifth amongst all UK law schools in the 2013
National Student Survey and in The Guardian league table), but
also because it is the only law school in the country that uses
problem-based learning (PBL) as the principal vehicle for study.
The clinic LLM students will ‘PBL’ real cases and supervise
undergraduates who are doing the same. We also offer other
LLM courses which use PBL and clinical methods: LLM in
International Corporate and Commercial Law and LLM in
International Human Rights Law and Practice.
The academic team at York Law School plans, with this new
course, to help produce the next generation of clinical teachers
and practitioners and to further improve the relevance of legal
education as we have been recently urged to do by the Legal
Education and Training Review.
Further details are available at wwww.york.ac.uk/law/
postgraduate/llminthetheoryandpracticeofclinicaleducation or
contact Richard Grimes, director of clinical programmes,
erichard.grimes@york.ac.uk.
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socio-legal news
11
((
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The Leverhulme Trust provides funding for research projects,
fellowships, studentships, bursaries and prizes; it operates
across all the academic disciplines, the ambition being to
support talented individuals as they realise their personal vision
in research and professional training.
Nominations are now invited for Philip Leverhulme Prizes
in Law. The Philip Leverhulme Prizes recognise the
achievement of early career researchers whose work has already
attracted international recognition and whose future career is
exceptionally promising. In 2014 up to 30 Prizes of £100,000 each
will be awarded to winners across six subject areas, including
law. The prizes can be used for any purpose which advances the
prizeholder’s research, with the exception of enhancing the
prizeholder’s salary. The closing date for the submission of
nominations is 14 May 2014 at 4pm.
See website for full details: wwww.leverhulme.ac.uk/
funding/PLP/PLP.cfm.
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The programme of Research Projects currently gives academic
recognition and modest financial support to around 50 projects,
and the British Academy is now looking to expand this through
the adoption of a small number of new projects in the social
sciences. Academy Research Projects share the characteristic of
being infrastructural projects or research facilities, intended to
produce fundamental works of scholarship, in most cases for the
use of a variety of disciplines, rather than to produce
interpretative works or monographs. Another typical feature is
the contribution made by the voluntary work of many scholars,
whether as organisers or participants. The Academy does not,
however, have preconceived ideas about the type of project that
may be proposed in response to this call, in terms of length of
time required for completion, or organisation. The onus is on
project proposers to convince the Academy that their project is
suited to its support, benefiting from the academic recognition
offered by Academy Research Project status, which may assist
projects in appealing to a wide range of funding agencies in the
UK and abroad, both public and private. Level of award: up to
£5000. Closing date: 12  March  2014. Application forms are
available at whttps://egap.britac.ac.uk.
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Launching early 2015, Liverpool European Law Unit will be
hosting a series of events to critically examine and reflect upon
the government’s Review of the Balance of Competences
between the UK and the EU. The review was launched in July
2012 to consider the impact of EU membership on the UK’s
national interest. It seeks to deepen understanding of the nature
of EU membership and contribute to the ongoing debate on the
modernisation of the EU.
The ‘review of the review’ events at Liverpool will bring
together speakers and participants from across academia,
policy-making, government, the EU institutions and beyond.
They will explore the value of the process itself, drawing on an
international and comparative perspective and examine the
emerging narrative of the review’s outputs and assess the range
and scope of contributions that the process attracted. Looking
ahead, the legacy of the review will also be considered.
Please contact Samantha Currie esamantha.currie
@liverpool.ac.uk or Thomas Horsley ethomas.horsley
@liverpool.ac.uk for details
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The National Centre for Research Methods is organising the
sixth ESRC Research Methods Festival (8–10 July 2014) at
St Catherine’s College, Oxford. Postgraduate volunteers are
needed to help. All volunteers will receive free festival
attendance, travel, meals and accommodation in exchange for
assisting presenters, attendees and the festival team in the
smooth running of this prestigious event. IT proficiency in
Microsoft Office and basic troubleshooting are required.
Closing date for applications: 28  March  2014. See
wwww.ncrm.ac.uk/news/show.php?article=5378&utm_source
=ebulletin&utm_medium=email&utm_campaign=rmf14.
people . . .
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Social and Legal Studies 23(2)
The silenced citizens of Russia: exclusion of non-heterosexual
subjects from rights-based citizenship Alexander
Kondakov
The right to a privilege? Homonormativity and the recognition
of same-sex couples in Europe – Francesca Romana
Ammaturo
Caveat emptor under prudentialism: the case of the Canadian
home inspection industry – Jon Frauley
Do human rights transcend citizenship? Lessons from the
Buduburam refugee camp – Tehila Sagy
Watchful citizens: immigration control, surveillance, and
societal participation – James Walsh
Dealing with law in migration control: the powers of street-
level bureaucrats at French consulates – Maybritt Jill Alpes
and Alexis Spire
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Minister for Universities and Science David Willetts MP has
announced the release of £14m to fund the second phase of the
ESRC’s investment in Big Data. It is part of a pot of £64m
announced in October 2013 and will be used to support the
establishment of ESRC Business and Local Government Data
Research Centres at Essex, Glasgow, University College London
and Leeds universities. In phase 1 the ESRC invested in the
development of the Administrative Data Research Network;
phase 2 is focusing on business and local government data;
phase 3 will focus on social media and third-sector data. The
centres all began work in January and February 2014.
wwww.esrc.ac.uk
publications
((
12
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&1<7B1F5#13=9<<1>M@@
The desperate need for a vast part of the global population to
access better medicines in more certain ways is one of the
biggest concerns of the modern era. This book offers a new
perspective on the much-debated issue of the links between
intellectual property and access to medication. Using
ethnographic case studies in Djibouti and Ghana and insights
from actor-network theory, it explores the ways in which TRIPs
and pharmaceutical patents are translated in the daily practices
of those who purchase, distribute, and use (or fail to use)
medicines in sub-Saharan Africa.
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9;5>(?ED<5475M@@
Building upon an interdisciplinary synthesis of recent literature
from the fields of transitional justice and conflict transformation,
this book introduces a groundbreaking theoretical framework
that highlights the critical importance of identity in the
relationship between transitional justice and reconciliation in
deeply divided societies. Using this framework, Aiken argues
that transitional justice interventions will be successful in
promoting reconciliation and sustainable peace to the extent
that they can help to catalyse those crucial processes of ‘social
learning’ needed to transform the antagonistic relationships and
identifications that divide post-conflict societies even after the
signing of formal peace agreements.
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-073
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Legal scholar and sociologist John Flood spent years observing
a large law firm from the inside – much like an embedded
journalist, but with the perspective of a researcher on the theory
and practice of legal organisations. What he found and analysed
resulted in a study that has been cited by many scholars over the
years as the ultimate account of the inner workings of a
corporate law firm. Using four detailed case studies, he showed
how the construction of legal information and problems
depended heavily on the role and specialisation of the lawyer
and the power of the client. This second edition has updated
references and an account of the radical shifts in legal practice
over the past few years in the US and UK.
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How is religion, particularly non-Christianness, conceptualised
and represented in English law? What is the relationship
between religion, race, ethnicity and culture in these
conceptualisations? What might be the socio-political effects of
conceptualising religion in particular ways? This book addresses
these key questions in two areas of law relating to children. The
first focuses on child welfare cases and reveals how the
boundaries between race and theological notions of religion as
belief and practice are blurred. The second examines religion in
education and the increasing focus on ‘common values’.
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This prestigious collection re-examines the remarkable
contributions of Ian Macneil to the study of contract law and
contracting behaviour. Macneil was the principal architect of
relational contract theory, an approach that sought to direct
attention to the context in which contracts are made. In this
collection, nine leading UK contract law scholars reconsider
Macneil’s work and examine his theories in light of new social
and technological circumstances. Also included are a Preface by
his son Rory Macneil, a Foreword by Stewart Macaulay and an
Introduction by Jay M Feinman.
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Everyday utopias enact conventional activities in unusual ways.
Instead of dreaming about a better world, participants seek to
create it. As such, their activities provide vibrant and stimulating
contexts for considering the terms of social life, of how we live
together and are governed. Weaving conceptual theorising
together with social analysis, Davina Cooper examines utopian
projects as seemingly diverse as a feminist bathhouse, state
equality initiatives, community trading networks, and a
democratic school where students and staff collaborate in
governing. This is no straightforward story of success, however,
but a tale of the challenges concepts face as they move between
being imagined, actualised, hoped for and struggled over.
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(2013) David Schneiderman,
Palgrave Macmillan £60 232pp
There is at present much disenchantment with the rules
governing international investment. Conceived as a set of
disciplines establishing thresholds of tolerable state behaviour,
dissatisfaction has precipitated acts of resistance in various parts
of the world. This book explores the magnitude of the legal
constraints imposed by these rules and institutions associated
with the worldwide spread of neoliberalism. Though states
provide critical supports to the construction and ongoing
maintenance of transnational legal constraints, David
Schneiderman argues that states remain crucial sites for resisting,
even rolling back, investment law disciplines.
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(??>5I(?ED<5475M@@
Human rights-based budget analysis projects have emerged at a
time when the UN has asserted the indivisibility of all human
rights and attention is increasingly focused on the role of non-
judicial bodies in promoting and protecting human rights. This
book seeks to develop the human rights framework for such
budget analyses, by exploring the international law obligations
of the International Covenant on Economic, Social and Cultural
Rights in relation to budgetary processes. Taking Northern
Ireland as a key case study, the book demonstrates and
promotes the use of a ‘rights-based’ approach in budgetary
decision-making.
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In this insightful and engaging collection, a broad range of
scholars analyses a core issue for socio-legal studies – what is
understood by the ‘socio’ of the socio-legal? Ranging from
critical theoretical to conceptual and methodological
perspectives, the essays provide an important stock-take and
examination of the socio-legal field, offering key insights for
legal studies generally and other fields more broadly where the
‘socio’ is found. The collection draws from a diversity of fields,
including legal theory, cultural studies and social policy.
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An oft-repeated assertion within contract law scholarship and
cases is that a good contract law (or a good commercial contract
law) will meet the needs and expectations of commercial
contractors. Despite the prevalence of this statement, relatively
little attention has been paid to why this should be the aim of
contract law, how these ‘commercial’ expectations are identified
and given substance, and what precise legal techniques might be
adopted by courts to support the practices and expectations of
business people.
events
13
((
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Contact Marie-Andree Jacob em.jacob@keele.ac.uk for information.
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Women in higher education outnumber men, but only 20.5 per cent of
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Organised by the Howard League for Penal Reform.
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Theme: ‘The challenges for legal thought in a contemporary society’.
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The theme of the Association of Law Teachers’ conference is
‘Responding to change’. wwww.lawteacher.ac.uk/events/?id=29
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Theme: ‘Legal regulation and education: doing the right thing?’
wwww.uea.ac.uk/law/news-and-events/bileta-conference
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!" #"  ! 
@B97 "1>31CD5B+>9F5BC9DI
An interdisciplinary conference run by postgraduates for
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To explore how information is used and shared in today’s society.
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The EU’s recent alternative dispute resolution directive was devised
to help consumers in disputes with traders across Europe, but many
questions remain about how it will be implemented.
wwww.fljs.org/events/ombudsmen-workshop
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Organised by UCL Centre for Law and the Environment and KCL
Dickson Poon School of Law. For details, contact Emily Barritt
eemily.barritt@kcl.ac.uk or Kim Bouwer ekim.bouwer.11@ucl.ac.uk.
@
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The association is a membership organisation for interdisciplinary
legal property law and policy scholars. wwww.alps.syr.edu
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Organisers: School of Law, Politics and Sociology and International
Network for Hate Studies. wwww.sussex.ac.uk/law/newsandevents/hate
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While masculinities theory has had much to say on relationships
of subordination, few feminist legal scholars have examined the
implications of masculinities theory for feminist legal theory.
This volume investigates the ways in which emerging
masculinities theory in law could inform feminist legal theory in
particular and law in general. As many of the chapters in this
collection illustrate, law is constantly in a dynamic interaction
with masculinities: it has both influenced existing masculinities
and has been influenced by those masculinities. The
contributions focus feminist and critical theoretical attention on
masculinities and consider the implications of masculinities
theory for law and legal theory.
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The principle of content-neutrality is the cornerstone of freedom
of expression jurisprudence, protecting the core values of
freedom of speech set out in the first amendment, whilst also
enabling the government to place reasonable restrictions on
protected speech. The Politics of Freedom of Expression examines
the US Supreme Court’s decision-making in freedom of
expression cases, from the Earl Warren Court in 1953 to the 2012
decisions of the John Roberts Court, assessing the extent to
which the justices take into consideration their own political
attitudes, jurisprudence and external factors such as federal
government participation. In doing so, the book highlights the
role of the civil rights movement in developing the content-
neutrality jurisprudential regime.
7)097(905404/04(2,.(2(4+*:29:7(2(4(2>808
1>
!E>1BDM@@
In the context of harmonisation of arbitration law and practice
worldwide, to what extent do local legal traditions still influence
local arbitration practices, especially at a time when non-Western
countries are playing an increasingly important role in
international commercial and financial markets? How are the new
economic powers reacting to the trend towards harmonisation?
China provides a good case study, with its historic tradition of
non-confrontational means of dispute resolution now confronting
current trends in transnational arbitration.
(90*852090*804 (<
1F945<4=1> 54 1BD
M@@
A great deal has been written on the relationship between
politics and law. Legislation, as a source of law, is often highly
political, and is the product of a process or the creation of officials
often closely bound into party politics. It is also one of the
exclusive powers of the state and as such is plainly both practical
and inevitably political; at the same time most understandings of
the relationship between law and politics have been
overwhelmingly theoretical. In this light, public law is often seen
as part of the political order or as inescapably partisan. We know
relatively little about the real impact of law on politicians
through their legal advisers and civil servants. How do lawyers
in government see their roles and what use do they make of law?
How does politics actually affect the drafting of legislation or the
making of policy? This volume will begin to answer these and
other questions about the practical, day-to-day relationship
between law and politics in a number of settings.
?EB>1
Part 2 of the Jindal Global Law Review special double issue on
‘Law, Culture and Queer Politics in Neoliberal Times’ (2013) 4(2)
is available at whttp://jglr.jgu.edu.in/CurrentIssue.htm.
events
((
14
@
#" " !!"
#!"! $!
O E>5+>9F5BC9DI?<<575"?>4?>
A UK-centred focus on the rapidly changing legal aid and public-facing
legal services market. whttps://ucl-a2j.eventbrite.co.uk
@
 "!""" !""% !
!!#"# !
O E>5+>9F5BC9DI?6"5935CD5B
On the collected works of Norbert Elias. wwww.eliasconference.com
@
#"" " !!!
O E>5>CD9DED5?64F1>354 "5714?>
WG Hart workshop 2014. wwww.sas.ac.uk/events/view/15715
@
!# !" !"#!"
O E>5 ?B41>CD?G>$?BD85B>B5<1>4
Theme: ‘Addressing sexual violence and gendered harm in conflict
and post-conflict settings’. wwww.transitionaljustice.ulster.ac.uk
@
 "$# % 
 E>5"?I?<11<9F5BC9DI ?6"?>4?>
Please contact Annie Decker eadecker2@law.fordham.edu.
@
 ! ! " 
O E9F5BC9DI$5G31CD<5E@?>*I>5
Theme: ‘Interfaces: law and science’. wwww.numyspace.co.uk/
~unn_mlif1/school_of_law/forrest/index.html
@
%"$!#" !"!
" ! "
O E$1D9?>19F5BC9DI 1>25BB1ECDB1<91
Theme: ‘Now showing: cultures, judgements, and research on the
digital screen’. Call closes: 31 March  2014.
whttp://hrc.anu.edu.au/2014HRCAnnualTheme
@
# !& 
 E>5O E9F5BC9DI?6 )EBB5IE9<46?B4
Call closes: 31 March 2014. wwww.surrey.ac.uk/politics/news/
events/2014/cronem_annual_conference_2014.htm.
@
" ""! $
O E "?>4?>
Theme: ‘Legal ethics at a time of regulatory change’. wwww.slsa.ac.uk/
images/2013autumn/Call%20for%20Papers%20ILEC6%20(1).doc
@
$!#!% 
O)5@D5=25B)D#1BIRC+>9F5BC9DI *G93;5>81="?>4?>
Papers are sought in relation to the dual themes of the conference:
‘Visualising law’ and ‘Gendering law’. Call closes: 31 May 2014.
wwww.smuc.ac.uk/law-and-culture/conferences
@
 " 
O)5@D5=25B+>9F5BC9DI?6)ECC5H B978D?>
Theme: ‘Power, capital, chaos’. wwww.sussex.ac.uk/law/newsandevents
/clc. Deadlines: streams 31 March 2014; papers 30 June 2014.
@
""!%
" %

)5@D5=25B+>9F5BC9DI?6-5CD=9>CD5B
Politics, law and constitutional questions often feature in Doctor Who
stories yet have yet to be the subject of wide-ranging scholarship.
wwww.westminster.ac.uk/law-society-popular-culture
@
%% "%
O)5@D5=25B+>9F5BC9DI?6-1BG93;
Organised by the universities of Warwick, Aberystwyth and the Open
University. whttp://ilg2.org/2014/01/11/call-for-papers-women-in-
war-and-at-war-conference-2014/
@
B"C" !"$ !"!
% !# !"#"# !
O%3D?25B 9>41 )38??491
Call closes: 31 March 2014. whttp://jgu.edu.in/leftinthedark2014
@
#  $"
O535=25B+>9F5BC9DI?6'E55>C<1>4 B9C21>5
The Law and Society Association of Australia and New Zealand
conference. Call closes: 31 May 2014. wwww.law.uq.edu.au/lsc
@
! # %'  
#1I!9>7CD?>"1G)38??<
What are the challenges for labour law in the near future? Contact:
Gwyneth Pitt eg.pitt@kingston.ac.uk.
@
! #! !#"!
O#1I"5945>+>9F5BC9DI$5D85B<1>4C
How have literary texts and artworks represented, interrogated or
challenged juridical notions of ‘personhood’? whttp://hum.leiden.edu
/lucas/news-events/legal-bodies-corpus-persona-communitas.html
@
#%! " 
O#1I1C5BD1D1
Organised by the Centre for Research in Language and Law, this
symposium seeks to expand on the relationship between law and
language by exploring the role of legal discourse in a wide array of
settings. Closing date: 31 October 2013. wwww.erill.unina2.it
@
##   #  !  !
O#1I)D1>6?B4"1G)38?? 1<96?B>91+)
Theme: ‘Law and (in)formality’. Email questions to
stanfordlawandsociety@gmail.com. wwww.law.stanford.edu/
organizations/programs-and-centers/stanford-program-in-law-and-
society/inaugural-conference-for-junior-researchers-may-16-17-201I.
@
" " !! 
!""#"! "!"% !
!"#"# "!' %
O#1I>D5B>1D9?>1CD9DED56?B D85)?39?7I?6"1G%L1D9
International congress to celebrate the institute’s 25th anniversary by
reflecting upon and further developing the synergies between the
different layers of its communities. wwww.iisj.net
@
"#!" #"% !
% "  !""&"
#1I)ED85B<1>4)38?? "1G+>9F5BC9DI?<<575E2<9>
To bring together early and senior career scholars researching on
international commercial law, intellectual property, regulatory
governance and other related fields. wwww.ucd.ie/law/phdworkshop
@
%!"'!!" #" 
#1IO E>5#9>>51@?<9C9 ?D5>51@?<9C+)
Theme: ‘Law and inequalities: global and local’.
wwww.lawandsociety.org/index.html
@
"!# "'#"
&"!"# "!
#1I>CD9DED56?B4F1>354 "5714?>
Keynote Speaker: Professor Malcolm Dando on ‘Threats of dual use
biomedical research – when nation security and public health collide’.
whttp://events.sas.ac.uk/support-research/events/view/15689
@
!% ""% ! '#
#%! !
#1I")"?>4?>
Doctoral students working in UK universities are invited to present a
working paper on any public law topic. LSE faculty members will be
on hand to comment. whttp://ukconstitutionallaw.org/2014/02/05/
lse-law-department-workshop-for-young-public-law-scholars/
@
" " #" "!"!%
O E>55>DB5?6H35<<5>35 6?B>D5B>1D9?>1
+>9F5BC9DI?6?@5>8175>
Theme: ‘Legal interpretation in practice of international courts and
tribunals’. whttp://jura.ku.dk/icourts/calendar/irsl2014
@
 """$" 
! !
 E>5'E55>#1BI+>9F5BC9DI ?6"?>4?>
PhD students are invited to participate in QMUL’s fifth annual
postgraduate legal research conference.
wwww.law.qmul.ac.uk/events/items/110314.html
@
%!"' !!""
O E>513E +>9F5BC9DI?6#1>9D?211>141
Theme: ‘Law's encounters: co-existing and contradictory norms and
systems’. wwww.acds-clsa.org/?q=en/node/10
SLSA Annual Conference 2014
Department of Law, Robert Gordon University
Aberdeen
911 April 2014
Socio-Legal Studies Association Conference 2014
The Department of Law at Robert Gordon University is delighted to 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 organisers are Sarah Christie (s.christie@rgu.ac.uk) and Margaret Downie
(m.downie@rgu.ac.uk) and the conference will run from Wednesday 9 to Friday 11 April 2014.
We look forward to welcoming you!
SLSA Membership Discount
on selected Law & Society Books*
20%
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To place your order, please visit www.routledge.com/u/slsaspring14 or call +44 (0) 1235 400 524, quoting ref. SLSA141
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You can save 20% on any of these books until 1st July 2014 by ordering direct from www.routledge.com/u/slsaspring14
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Offer expires 01/07/2014. Please email alexandra.fryer@tandf.co.uk for more information.
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Binding Men
Stories About Violence and Law in Late
Victorian England
Lois S. Bibbings
Binding Men tells stories about men, violence and
law in late Victorian England. It does so by focusing
upon f‌ive important legal cases, all of which were
binding not only upon the males involved but also
upon future courts and the men who appeared
before them.
March 2014 | 206 pp
978-1-904-38541-7| £80.00 £64.00
Albie Sachs and Transformation
in South Africa
From Revolutionary Activist to
Constitutional Court Judge
Drucilla Cornell, Karin van Marle
and Albie Sachs
This book illuminates the theoretical and practical
experiences of revolution and its political aftermath
by providing f‌irst-hand accounts alongside
academic interrogation.
February 2014 | 160 pp
978-0-415-73516-2| £70.00 £56.00
Decolonising Indigenous Child Welfare
Comparative Perspectives
Terri Libesman
This book considers the latest developments and
evaluates law reform with respect to Indigenous
child welfare. In particular Libesman examines the
legislative frameworks for the delivery of child
welfare services to Indigenous children.
December 2013 | 256pp
978-0-415-70569-1| £80.00 £64.00
Truth, Denial and Transition
Northern Ireland and the Contested Past
Cheryl Lawther
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.
March 2014 | 240 pp
978-0-415-51014-1| £75.00 £60.00
Justice and Security Reform
Development Agencies and Informal
Institutions in Sierra Leone
Lisa Denney
Arguing that the political and bureaucratic nature of
development agencies leads to a lack of
engagement with informal institutions, this book
examines the challenges of sustainably transforming
security and justice in fragile states.
January 2014 | 208 pp
978-0-415-64250-7| £80.00 £64.00
Queer Necropolitics
Edited by Jin Haritaworn, Adi Kuntsman
and Silvia Posocco
Queer Necropolitics mobilises the concept of
‘necropolitics’ in order to illuminate everyday death
worlds, from more expected sites such as war,
torture or imperial invasion to the mundane and
normalised violence of racism and gender
normativity, the market, and the prison-industrial
complex.
January 2014 | 222pp
978-0-415-64476-1| £75.00 £60.00
Feminist Encounters with Legal
Philosophy
Edited by Maria Drakopoulou
Presenting feminist readings of texts from the legal
philosophical and jurisprudential canon, the papers
collected here offer an interdisciplinary and critical
challenge to established modes of reading law.
December 2013 | 232pp
978-0-415-49760-2| £80.00 £64.00
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