SLSA E‐Newsletter
| Published date | 01 March 2017 |
| DOI | http://doi.org/10.1111/jols.12019 |
| Date | 01 March 2017 |
1
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Newsletter
Socio-Legal
No 78
Also in this issue . . .
lSLSA news – pages 3–5
lSLSA Grants Scheme – page 6
lsocio-legal news – pages 7–10
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Preparations are well underway at Lancaster University
Law School for SLSA 2016. We have had an incredible
response from the socio-legal community with nearly 500
abstracts being submitted to over 50 streams and themes
via EasyChair, plus a good number of poster proposals.
The programme is packed, with all three days set to be
absolutely full. In the plenary, four fantastic speakers will
discuss ‘Social constructions of crime in a liberal society’; several
streams and themes will host author-meets-reader sessions from
SLSA prizewinners; and a panel of experts will provide insights
and advice in a session on ‘Impact’. We are also looking forward
to welcoming a number of charitable organisations and hope
that this will help develop links between the socio-legal
community and the charity sector.
The conference will take place in our beautiful 360-acre
parkland campus just outside the city of Lancaster, with views
across glorious countryside and in easy reach of the Lake
District National Park, and the Arnside and Silverdale and
Forest of Bowland areas of outstanding natural beauty.
Delegates will also be able to walk around our 150-year-old
woodland on the Woodland Walk and visit the Peter Scott
Gallery showcasing contemporary art. In the city of Lancaster
itself, you will be able to take a tour round Lancaster Castle and
visit the Ashton Memorial, a Victorian folly set in the
picturesque Williamson Park, or eat and drink at the many great
pubs, restaurants and cafes that Lancaster has to offer.
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The SLSA Executive Committee is delighted to announce
the 2016 winners of our four annual prizes.
lHart Socio-Legal Book Prize and Prize for Early Career
Academics – both awarded this year to:
Luis Eslava (2015) Local Space, Global Life: The everyday
operation of international law and development, Cambridge
University Press
lSocio-Legal Article Prize
Lynette Chua (2105) ‘The vernacular mobilization of human
rights in Myanmar’s sexual orientation and gender identity
movement’ (2015) 49(2) Law and Society Review 299–332
lSocio-Legal Theory and History Prize
Jiri Priban (2015) Sovereignty in Post-Sovereign Society: A
systems theory of European Constitutionalism, Ashgate
All the winners will be attending the SLSA Annual Conference
where they will take part in author-meets-reader sessions. Look
out for details in the conference programme.
Future SLSA Annual Conferences
In 2017 the SLSA Annual Conference will be hosted by
the University of Newcastle and in 2018 we will be
gathering at the University of Bristol.
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We are delighted to announce that the new SLSA blog will be
launched after the Annual Conference at Lancaster next month.
This is intended to be a venue for academics and practitioners
with an interest in socio-legal issues to showcase their work and
ongoing research.
We are currently inviting contributions to the blog which
meet the following criteria. Your blog post should:
1address a topic related to socio-legal studies and of interest
to SLSA members;
2be accessible to a wide international readership;
3be a maximum of 1000 words;
4reference any sources either via hyperlinks or OSCOLA
referencing.
Please send proposed blog posts to eblogeditors@slsa.ac.uk
including your full name and affiliation. If you have queries
about whether a particular topic would be of interest, please
contact the blog editors at the same address.
lpublications – pages 10–12
levents – pages 12–13
lRemembering André-Jean Arnaud – page 14
We are keen to be as family friendly as possible and, in
addition to offering a family room away from the hustle and
bustle of the conference and some twin-room accommodation,
we have provided lots of information on the website about local
holiday schemes for delegates’ children. If you are bringing
children, please contact us at eslsa@lancaster.ac.uk.
The university also has an excellent sports centre with fully
equipped cardio and weights gymnasiums, a swimming pool
and a climbing and bouldering wall. Outdoor types can take on
our Trim Trail around the campus, or take advantage of the
excellent cycle routes heading away from the university.
By train, Lancaster is on the West Coast mainline about one
hour north of Manchester Airport train station and two-and-a-
half hours from London Euston. Buses run regularly from the
station and from city centre bus stops to the campus. By car, the
university is about five minutes north of junction 33 of the M6.
Standard rate registration closes at 6pm on Monday
14 March 2016, with the postgraduate extended early bird rate
also switching over to the late rate at this time.
We are really looking forward to welcoming you in April.
See the website for more information and to download the
conference programme wwww.lancaster.ac.uk/law/slsa2016,
or contact the team at eslsa@lancaster.ac.uk if you have any
questions. Lastly, use #SLSA2016 for tweets about the
conference.
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slsa noticeboard
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slsa news
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The AGM will take place at 1pm on Wednesday 6 April 2016 at
the University of Lancaster during the Annual Conference. If
you would like to suggest an agenda item please send details to
SLSA secretary Kevin Brown ek.brown@qub.ac.uk by Monday
21 March 2016. NB copies of the minutes of last year’s AGM will
be included in this year’s conference packs (and they are also
downloadable from the Exec page of the SLSA website).
+131>395C?>D85H53ED9F5?==9DD55
Helen Carr, Gethin Rees and Ben Livings will be standing down
from the Executive Committee at the AGM. We would like to
thank all of them for their commitment and contributions
during their time on the Exec.
Up to three vacancies on the Exec will arise at the AGM. If
you feel that you can offer your time and expertise and are
interested in being nominated for any of these vacancies 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. You also need to attend the AGM if
you wish to nominate a colleague. Information on the role and
duties of Exec members is set out below.
H53ED9F5?==9DD55=5=25BC89@
The SLSA is an unincorporated voluntary association which
exists to promote socio-legal studies and to serve its members.
Its major sources of income are membership fees and the surplus
made from the Annual Conference. The Executive Committee is
the governing body of the association. It meets three times a
year, in mid-September, mid-January and mid-May, in central
London, and communicates between meetings via a JISCMail
email list.
The term of office of Exec members is three years, with a
right to be re-elected for a further three years. After serving for
a continuous period of six years an Exec member must stand
down from the committee for at least a year (and may then re-
nominate if they wish). Some Exec members are co-opted rather
than elected, in order to perform a particular function (eg the
webmaster), or if we wish to fulfil a particular representative
purpose (eg representative of the Journal of Law and Society).
The SLSA will reimburse your travel expenses to attend Exec
meetings, but since we are using members’ funds to do so, we
will only cover second-class, advance purchase rail fares. If you
need to fly, please book as early as possible. There is an expense
form for claiming reimbursement on the SLSA website.
The activities of the Executive Committee fall into the
following categories.
1 Office bearers: Exec members may choose to become an
office bearer as positions fall vacant. The officers are: chair,
vice-chair, secretary, treasurer, membership secretary,
recruitment secretary, postgraduate representative (who
must be a postgraduate), international liaison officer,
publisher liaison officer and social media officer. We also
have a permanent newsletter, web and ebulletin editor,
Marie Selwood; webmaster, Jed Meers; and administrative
assistant, Nathan Emmerich.
2 Sub-committees: each of the SLSA funding schemes for
members has a subcommittee to decide on applications
received for the award of funding. Thus, there are
subcommittees for the book prizes, research grants, the
seminar competition, and the research training and
mentoring schemes. Subcommittees may also be set up on
an ad hoc basis to deal with a particular issue. Each member
of the Exec is expected to join one or more subcommittees.
3 Policy decisions: policy issues raised at Exec meetings are
discussed and decided on by the whole committee. These
might include issues relating to the Annual Conference,
ideas for new funding schemes or requests for funding
support from the SLSA, or suggestions for nominations of
eminent socio-legal scholars to be Fellows of the Academy of
Social Science. The annual Prize for Contributions to the
Socio-legal Community and the annual Socio-Legal Article
Prize are also decided by the committee as a whole. Since the
Exec only meets three times per year, members are expected
to prioritise attendance at these meetings.
4 Contributing to submissions: the SLSA is invited to or
considers it important to make submissions on a range of
consultations concerning socio-legal and higher education
issues. If you have particular expertise or interest in a topic,
your input into the SLSA’s submission will be welcomed.
5 Representing the Exec at events and on committees: the
chair receives regular invitations to attend various events. If
she cannot attend, she will email the Exec to see if anyone
else is available and willing to go on behalf of the SLSA. Less
frequently we are asked to nominate a representative to a
committee and, again, the chair will email the Exec and ask
for volunteers.
6 Generally promoting and supporting the SLSA: this might
include encouraging colleagues to join the association,
proposing a topic for a one-day conference, contributing to
the newsletter if requested, or attending SLSA-sponsored
events. Exec members are expected to attend the Annual
Conference unless absence is completely unavoidable.
By engaging in the above activities, you will have the
opportunity to gain considerable knowledge of current issues in
legal education and higher education generally, gain experience
in assessing funding applications and/or research outputs,
contribute ideas to the development of the association and what
we offer our members, learn about the running of an association,
take on a leadership role and pursue networking opportunities.
These can be of benefit to your own academic career as well to
your institution.
You are probably aware that the SLSA website is a vast trove
of information: wwww.slsa.ac.uk. Any questions can often be
answered there. Otherwise, feel free to ask the SLSA’s
administrator Nathan Emmerich eadmin@slsa.ac.uk or chair
Rosemary Hunter erosemary.hunter@qmul.ac.uk.
slsa news
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Following two previous successful years, a buddy-up
scheme is again being offered at this year’s SLSA Annual
Conference under which postgraduate students are given
the opportunity to meet with a more senior academic who
is also attending.
This scheme aims to enable students both to network and to
discuss their research with senior academics within their field.
The scheme operates as follows: the student is supplied with
contact details of the academic and should then get in touch
with them so as to arrange a meeting within an informal
environment, either while in Lancaster or afterwards. This
provides the ideal opportunity, outside of the sometimes
intimidating conference setting, for postgraduates to make a
connection with a scholar with whom they wish to talk through
their ideas.
Those students interested in taking part in the scheme
should email the SLSA postgraduate representative, Charlotte
Bendall, at ecbendall@essex.ac.uk with a short (100-word)
summary of their research and up to three suggested academics
by 21 March 2016.
It should be noted that, while we will try to accommodate
your preferences, academics will generally only be assigned one
student each.
To find out more about how the scheme worked in its first
year, read the reports from two student members who took part
in the pilot: see SLN 73:5 available at wwww.slsa.ac.uk/
images/slsadownloads/newsletters.
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On 7 January 2016 some 54 postgraduate students,
ranging from those just starting their masters to those
approaching completion of their doctorates, gathered in
Oxford for our postgraduate conference, hosted by
Oxford’s Centre for Socio-Legal Studies. The two days of
workshops that ensued covered nearly every aspect of
postgraduate life.
As three postgraduate students looking ahead to academic
careers, the prospect of guidance from more experienced
members of the profession was most welcome. Postgraduate life
can be confusing at the best of times and the transition from
there to a fully fledged academic career is often difficult. For us,
this was the main benefit of the conference – a series of
workshops where we could get advice straight from the mouths
of those leading departments and chairing hiring committees.
By the end of the two days we had been given a
comprehensive crash course in how to survive a postgraduate
research degree and where to go from there. Each workshop
focused on a different topic, giving us plenty of practical ‘do’s
and ‘don’t’s along the way. Topics included: the life-cycle of a
PhD; how to get published; delivering a conference paper;
getting an academic job; and how to make it through your viva
in one piece. No matter at what stage attendees were in their
studies, these sessions had a lot to offer.
In all cases the subjects were addressed with sensitivity and
candour, and often with the benefit of a personal perspective
culled from years of first-hand experience. Highlights included:
a discussion of the necessary but painful process of removing
interesting – but maybe not that relevant – sections of your near-
finished thesis; the ins and outs of what’s happening behind the
scenes at the viva; the politics and practicalities of the conference
paper; and a somewhat stark message regarding the academic
job hunt – a useful reminder that it really is publish or perish!
All that said, the workshops were only one part of the
conference. We would not want to downplay the fantastic
opportunity we were also given to meet fellow socio-legal
scholars of all stripes from around the country. The comparative
newness of socio-legal studies and our smaller numbers can
make networking somewhat harder than it might be for more
straightforwardly doctrinal lawyers. For that reason it was
wonderful to be able to meet up with our peers and find out
more about what they were up to.
The social aspect of the conference also gave everyone a
chance to discuss their research. While there were some
similarities in research themes, it was fascinating to see such a
wide range of topics being tackled (everything from Australian
national security policy to the morality of corruption).
Socialising was also made enjoyable given the excellent food
and the hospitality of staff at St Catherine’s College where we
were put up for the night.
But the conference was not just an opportunity to meet our
peers. One particularly nice aspect was the welcoming presence
of those senior academics running the workshops. Everyone
was happy to talk through any questions and overall we were
left with the impression that not only was there a strong socio-
legal community out there but postgraduate students were
warmly welcomed to become part of it. As a postgraduate it can
sometimes feel like there is a glass ceiling between you and
established researchers – it was lovely to find so many hands
reaching across that divide.
If you’re at all interested in socio-legal studies, we would
definitely recommend attending the postgraduate conference
next year. It has been running for 20 years, a success in itself,
and hopefully we’ve given you an idea of why that might be!
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The SLSA Executive Committee invites applications
for two funding schemes. Applications for both are on
a rolling basis.
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The aim of this scheme is to support training in social science
research methods and the use of data analysis software (eg
SPSS and NVivo) for SLSA members who do not possess but
wish to acquire these skills and do not have access to sources
of institutional support to do so. The SLSA will provide
bursaries to cover the cost of attendance at a relevant
training course offered by an established provider. See, for
example, the courses offered by the National Research
Methods Training Centre at the University of Southampton
wwww.ncrm.ac.uk. Eligible applicants will be members of
the SLSA who are early or mid-career researchers and not
currently undertaking a PhD. Full details are available at
wwww.slsa.ac.uk/index.php/prizes-grants-and-seminars/
research-methods-training-bursaries.
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The aim of this scheme is to support travel and
accommodation for SLSA members who wish to visit and
spend up to a week working with a chosen mentor.
Applicants must be paid-up members of the SLSA who are
not currently undertaking a PhD.
Full details are available at wwww.slsa.ac.uk/index.php
/prizes-grants-and-seminars/mentorship-scheme.
Enquiries about these schemes should be directed to
eadmin@slsa.ac.uk.
slsa news
5
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Graham Gee and Erika Rackley report on a two-day
conference, partly funded by the SLSA, held at the
University of Birmingham from 6 to 7 November 2015 to
mark the 10th anniversary of the Judicial Appointments
Commission (JAC).
This is an age of diversity. There is today broad agreement that
diversity raises important questions for a legal system and its
officials about how to respond to our mutual differences of,
amongst other things, gender, race, sexuality and social
background. Despite all of this, there is much less agreement
about the full implications of recognising diversity as an
important goal of the judicial appointments regime. For beneath
this surface agreement actually lie very real differences of
opinion as to the method, form, timing and motivations for
diversity. These differences are particularly apparent between
those who might be termed ‘insiders’ (ie those involved in
making appointments: the JAC and senior members of the
judiciary) and those who are on the ‘outside’ (such as academics
and media commentators).
The conference brought together academics and
postgraduate students from England and Wales, Northern
Ireland, Scotland, Australia, Canada and South Africa as well as
judges, civil servants, officials, practitioners, current and past
members of the JAC and past members from other judicial
appointment bodies to try and bridge this gap.
The event was organised around three themes – legitimacy,
accountability and diversity – with three speakers on each panel,
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The SLSA’s commitment to promoting the field of socio-
legal studies also has a strong international dimension.
To this end, the SLSA Executive Committee has recently
appointed Sharon Cowan, Edinburgh University, as its
new international liaison officer. She takes over this role
from Ben Livings.
Sharon will be developing this role in the coming months with a
view to supporting international members and raising the
association’s international profile.
Several projects are already underway. At the Law and
Society Association (LSA) annual meeting in New Orleans in
June 2016 the SLSA is planning to hold a reception for invited
guests hosted by chair Rosemary Hunter. This conference has
long been popular with SLSA members and the Executive has
decided that this presents a worthwhile opportunity to
strengthen relationships with international colleagues. In
addition, the SLSA will be co-sponsoring the LSA’s 2017
meeting in Mexico City, together with the Canadian Law and
Society Association (CLSA) and the Research Committee on
each speaking for about eight minutes followed by a response
from a practitioner or JAC commissioner and an hour’s discussion.
There was lively debate amongst the delegates on a wide
variety of related issues, including: the definitions of ‘merit’ and
‘diversity’; the appropriate level of involvement of ministers
and judges in judicial appointments; the use of ceiling quotas;
judicial appraisal; and post-retirement activities. The conference
ended with a roundtable during which participants looked to
future challenges for those involved in judicial appointments in
light of the experiences of the JAC’s first decade.
The conference also included a keynote lecture from Lady
Hale, who spoke on appointments to the Supreme Court and
suggested ‘we ought to be ashamed of ourselves . . . [i]f we do
not manage to achieve a (much) more diverse [Supreme] Court’
in the process of filling the six vacancies which are due to arise
over the next three years. Lady Hale’s lecture was attended by
over 300 people, including delegates from the conference,
University of Birmingham students and members of the local
legal community. The lecture was widely reported, including in
The Guardian, the Solicitors Journal, Pink News and the
Australasian Lawyer.
There was also a postgraduate stream organised by
Birmingham PhD researcher, Elena Kapardis. Following an
open call for papers, postgraduates from University College
London, Birmingham, Melbourne and Manchester Metropolitan
universities presented their work to an audience comprising
postgraduate students and conference delegates.
In addition to the SLSA funds, the conference was supported
by the universities of Sheffield and Birmingham.
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Sociology of Law (RCSL). Executive member Michael Thomson,
University of Leeds, is a member of the programme committee
for the 2017 conference and is in the process of contacting UK-
based specialists in Latin-American socio-legal studies who may
be particularly interested in attending this event.
In addition, the SLSA is co-sponsoring the Law and Society
Association of Australia and New Zealand (LSAANZ) conference
in Sydney in December 2018 alongside the CLSA, and is a
member of the World Consortium for Law and Society (WCLS).
Sharon and another Executive member, Jen Hendry, University of
Leeds, are part of the planning committee for Sydney 2018.
If you have any suggestions on how the SLSA could enhance
its international reach, contact Sharon at es.cowan@ed.ac.uk.
*C56E
lCLSA wwww.acds-clsa.org
lLSA wwww.lawandsociety.org
lLSAANZ wwww.lsaanz.org
lRCSL whttp://rcsl.iscte.pt
lWCLS wwww.lawandsocietyworld.org
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The next copy deadline is 23 May 2016. Please send your
lnews
lpublications
lresearch
lnew jobs/promotions/awards
larticles
levents and
linformation on streams and themes
to Marie Selwood emarieselwood@btinternet.com or
t01227 770189.
Newsletter advertising
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slsa grants scheme
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The SLSA Grants Scheme – launched in 1999 and making
the first awards in 2000 – has grown steadily over its 16-
year duration and has now provided nearly £130,000 for
socio-legal research. We are delighted to announce the
successful projects for this year that will receive research
and fieldwork grants. We also publish Mark Simpson’s
final report on his completed fieldwork research.
'5C51B387B1>DC
lMarian Duggan, Kent University, £1005: Evaluating risk and
responsibility in the domestic violence disclosure scheme
lMarie Fox, University of Birmingham, and Sheelagh
McGuiness, Bristol University, £2237.60: Abortion and travel
– the experience of women in Northern Ireland travelling to
Great Britain to access abortion care
lAmanda Perry-Kessaris, Kent University, £2730: Graphic
design, civil society and the current negotiations for the
econo-legal reunification of Cyprus
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lMeenakshi Narayan, Michigan State University, £3000:
Production of the state – examining the role of forest-
rights legislation, communities and civil society in India
All this year’s grantholders will be providing summaries of their
research projects for the summer newsletter where we will also
be publishing reports from several completed projects.
Full details of the scheme can be found at
wwww.slsa.ac.uk/index.php/prizes-grants-and-seminars/
small-grants. The closing date for applications for this scheme is
31 October each year.
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Mark Simpson, Ulster University, £780*
This project examines the profound changes to social citizenship
within the UK that occurred during the five-year term of the
Conservative–Liberal Democrat Coalition government. The
reforms of 2010–2015 have implications for the minimum
standard of living the state supports, the citizen’s reciprocal
obligations in return for financial support and the tier of
government at which social rights are defined and realised.
UK government policy shows a blend of continuity and
change from the New Labour era. Normative indicators of an
acceptable minimum standard of living (notably the Child
Poverty Act 2010 and human rights law) remained unchanged
under the Coalition. However, the hitching of the citizen’s right
to financial support to labour market participation, which
underpinned Labour’s Welfare Reform Acts of 2007 and 2009,
has been further entrenched and Labour’s use of increased social
security benefits as a core element of anti-poverty policy
reversed.
For lone parents, change has been particularly dramatic.
Excluded from compulsory jobseeking until 2007, since the
Welfare Reform Act 2012 lone parents have been fully exposed
to a conditionality regime that has become more demanding,
with stiffer penalties for non-compliance, for all claimant
groups. Meanwhile, with childcare and other barriers to well-
paid employment not fully addressed, they have been
disproportionately affected by real-term and cash cuts to social
security benefits.
The Coalition’s controversial ‘welfare reform’ agenda
generated particularly vocal opposition from parties in
Northern Ireland and Scotland’s devolved governments.
Although social security has hitherto been a rare field of social
policy in which UK-wide uniformity has largely been
maintained, 2015 saw steps towards regionalisation, with
legislation to devolve new competences to Scotland tabled at
Westminster and the Northern Ireland Assembly taking the
unprecedented step of rejecting a Bill containing reforms
equivalent to those in the 2012 Act.
The phase of research supported by the SLSA grant
consisted of interviews with elite actors (politicians and civil
servants) in Scotland and Northern Ireland. This process
explored reasons why demand for regional divergence in social
security should emerge at this point in time. Ideologies of social
citizenship were found to differ only subtly between UK,
Scottish and Northern Irish elites, dominated by a shared
construction of paid work as the ‘key to citizenship’. However,
deep concerns with the perceived harshness, effectiveness or
suitability to the devolved regions of UK ‘welfare-to-work’
measures were identified.
Whereas unionist politicians feared nationalists might seek
to break up the single UK welfare state as a means of weakening
the political union, the critique of UK government policy
transcends the unionist–nationalist divide, allowing nationalists
to claim that unionist caution regarding regionalisation fails to
grasp the opportunities provided by devolution to better serve
citizens. Nonetheless, the likely extent of policy divergence and
the extent to which regional social citizenships may emerge, are
constrained for the time being by Scotland’s limited devolved
competence and Northern Ireland’s weak fiscal position, as well
as the consensus that policy should seek to move most claimant
groups, including lone parents, towards paid work.
* Supervisors: Gráinne McKeever and Ann Marie Gray
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Benefits of SLSA membership include:
lthree 16-page (minimum) newsletters per year;
lpersonal profile in the SLSA online directory;
ldiscounted SLSA Annual Conference fees;
lweekly ebulletin;
leligibility for grants schemes, seminar competition,
prizes, training bursaries and mentorship scheme;
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 details.
socio-legal news
7
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On 20 November 2015 the Institute of Advanced Legal
Studies (IALS) played host to a training day –
co-sponsored by IALS, the British Library, the SLSA and
the British Society of Criminology – around the topic
‘Sources and methods in criminology and criminal
justice’. Gethin Rees summarises the day.
The event aimed to provide postgraduate research students and
early career fellows wit h an appreci ation of some of the
documentary materials for studying crime and criminality
available in institutions like the British Library and the UK Data
Service (UKDS), as well as the conceptual, theoretical and
methodological tools that can be used during data gathering and
analysis. Fifty-one people attended and there were 17 speakers,
including representatives from the British Library, UKDS, the
National Archives and the Evidence and Insight Unit within the
Mayor’s Office for Policing and Crime, as well as established
scholars from a host of academic institutions.
The event was loosely broken into two sections: ‘Collections
and theoretical approaches’; and ‘Official records and methods’.
In the first section, attendees were not only introduced to the
collections available at various institutions and the ways that
they could access them for research purposes, but also various
approaches and positions that scholars may take when
addressing work on crime, for instance, comparative research or
feminist methods.
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On 6 November 2015, the University of Leeds welcomed over
120 delegates for a one-day conference on ‘Restorative justice
and restorative practices in Leeds: towards a restorative city’.
The conference was the result of a collaboration between the
School of Law, Leeds Social Science Institute and Leeds City
Council. Attendees were drawn primarily from criminal justice,
schools, universities and children’s services. The event focused
on the inherent challenges and possible benefits of delivering
restorative practices (RP) in a range of sectors, as well as on the
creation of ‘restorative cities’.
The morning consisted of presentations by Professor Adam
Crawford (University of Leeds), Nigel Richardson (director of
Children’s Services, Leeds City Council) and Belinda Hopkins
(director at Transforming Conflict). Adam spoke about the need
to be mindful of the risks of the development and growing use
of RP. Nigel then described the work of Leeds City Council in its
quest to become a ‘child-friendly city’, outlining the importance
of RP to achieve this end. Finally, Belinda spoke about the use of
RP, both proactively and reactively, with young people in
schools and in other organisations.
This was followed by a two-part breakout session. In the
first half, attendees organised themselves according to sector
while, in the second, groups were inter-sector. In both parts, a
table facilitator invited the groups to respond to a series of
questions relating to the restorative city project, the enablers and
barriers to RP implementation, the importance of research and
evaluation, and the nature of future inter- and intra-sector
collaboration at a local level.
The first afternoon session involved speeches by Jon Collins
(CEO, Restorative Justice Council) and Professor Joanna
Shapland (University of Sheffield). First, Jon outlined the work
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The afternoon focused on ‘Official records and methods’,
which began with a sociology of knowledge from Paul Rock and
co-authors highlighting the variety of decisions that have
resulted in so many public documents being destroyed, thereby
making it difficult to find answers to some of the questions we
would like to ask. Rather than being a problem for scholars,
however, the absence of documentary evidence was presented
as an opportunity to be innovative in the ways they generate
information; this served as a useful jumping-off point for the
afternoon’s discussion of methods.
Presentations on the use of freedom of information requests,
crime surveys, police recorded data, epistolary research and
court design guides all provided exemplary case studies where
scholars had found innovative means to generate evidence and
presented a far wider range of methods of research than usually
found in a textbook.
The event ended with a short Q&A aimed at addressing
some of the benefits and challenges around interdisciplinary
work between criminology and socio-legal studies, and each
attendee was made a member of IALS to enable them to use the
institute’s resources at any time.
of his organisation in regulating the use of RP through the
Restorative Service Quality Mark. Then Joanna described the
methodology and main findings of her seminal research on the
use of restorative justice with serious crime across England,
commenting on positive findings relating to the views of
victims and the effects on reoffending, as well as identifying
some issues around implementation in policing and other
criminal justice contexts.
The final sessions involved, firstly, a chance for
participants to read and discuss the findings of the breakout
sessions and, secondly, a panel discussion. The panel consisted
of individuals working locally in children’s services, police,
academia, schools and the local Police and Crime
Commissioner’s office, each of whom gave a short talk before
participating in a Q&A session.
Towards the end, Adam Crawford commented that many
delegates had expressed the desire to use the conference as a
launchpad for a local practitioners’ network, leading one
delegate to announce that such a network had recently been
created: the practitioner-led Leeds Restorative Hub. It is hoped
that, in the coming months, this existing infrastructure can be
used to bring people together from across Leeds.
As students, we benefited greatly from our attendance at the
conference which allowed us to speak with and learn from those
who are actually engaged in the activities we are studying. We
constantly try to take advantage of any chance to discover how
our classroom learning and research applies out in the real
world and this event was certainly a fantastic opportunity to do
just that.
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socio-legal news
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The University of Strathclyde hosted its inaugural Postgraduate
Law Conference on 5–6 November 2015 in the university’s
recently redeveloped Lord Hope Building. The event was
organised by a committee of postgraduate researchers (Meryem
Horasan, Lynsey Mitchell, Jo Noblett, Michelle Donnelly,
Jonathan Brown, Clowie Wheeler-Ozanne and Alan Brown) and
sponsored by the university’s Researcher Innovation Fund.
The conference was entitled ‘Considering contemporary
challenges in legal theory, legal practice and legal methods’ and
aimed to provide an open and welcoming platform for
knowledge exchange and dissemination of ideas amongst
postgraduate and early career legal researchers. The event was
well attended, exceeding the expectations of the organisers for
the initial conference, with papers being presented by research
students from throughout the UK and from as far afield as
Sweden, Italy and Nigeria.
The two-day event began with a keynote address from
Professor Kenneth Norrie, former head of the law school at the
University of Strathclyde. Professor Norrie used his speech to
explore his own approach to legal research through the example
of a journal article he was in the process of writing. He went on
to use this analysis of his own research methods to consider the
nature of legal research more widely.
Also included was a skills session run by Dr Gabrielle
Milson, a researcher developer within the University of
Strathclyde research development programme. This session
covered the highly relevant topic of ‘Writing with impact’ and
was well attended and enthusiastically received by the
conference delegates.
Over the course of the two days a series of parallel panels
took place, giving students the opportunity to present papers to
a supportive audience and receive relevant feedback from
eminent members of law school staff. The parallel panels also
provided a forum for the delegates to engage in valuable
knowledge exchange with other postgraduate researchers and
academics. These panels encompassed a wide variety of topics
spanning diverse areas of legal scholarship, ranging from
criminal justice, ethical and philosophical critiques through to
public international law and the intersections of law and
technology, among many others.
From these panels, the organising committee unanimously
awarded the prize for best paper to Eddy Lenusira Wifa, a
doctoral researcher at the University of Aberdeen, for his
excellent and thought-provoking paper, ‘Developing an
effective health and safety regulatory framework for the United
Kingdom offshore wind energy industry: lessons from its
offshore oil and gas industry’. In addition, the organisers have
worked with the editors of the Strathclyde Student Law Review to
arrange for the publication of a special edition of the student law
journal later in 2016 which will comprise a selection of the
papers presented at the conference.
The organising committee is hopeful of building upon the
success of this maiden conference throughout the coming years
and in that regard initial plans are already in place for the
second edition, provisionally scheduled for autumn 2016.
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The Institute of Advanced Legal Studies is seeking proposals
and academic directors for the 2017 W G Hart Legal Workshop
from law schools across the UK. The W G Hart Legal Workshops
are directed towards the advancement of legal education at the
academic stage. The institute will particularly welcome
proposals that continue the workshop’s long tradition of
breaking new ground.
See website for details: whttp://ials.sas.ac.uk/research/
hart/wgh_legal_workshop.htm. Closing date: 31 March 2016.
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At SLSA 2016 in Lancaster our stream will explore a modern
take on the idea of ‘unintended consequences’; a term often
associated with the American sociologist Robert K Merton and
subsequently applied by Joseph R Gusfield in Symbolic Crusade.
Today it is usual, before introducing a new law, to subject
legal rules to rigorous examination, eg consultations, Green and
White Papers and expert committees etc. Lawmakers expect to
be prepared for side effects, even negative side effects, resulting
from legal intervention. A cost–benefit decision may have been
made and negative effects may be deemed justified in view of
the attainment of a main goal. However, lawmaking is not an
exact science; it concerns people and people are unpredictable.
As such, things do not always turn out as expected: there are
instances where law has unintended or unanticipated
consequences. These come in many forms, including the trivial
and the quirky, and instances where the unintended
consequences alter or even defeat the intended objectives of a
law. This is the focus of the stream. Thereafter we hope to
include relevant papers in an edited book.
This is a call to those of you who are interested in
unintended consequences and have a practical example that you
would like to develop into a published paper. Submissions for
the published collection are invited from scholars in any area of
legal or social science scholarship, UK based or overseas. We
particularly welcome interest from PhD students and early
career researchers, although senior academics are not barred
from contributing! Your presence at the SLSA conference is not
necessary should you simply wish to contribute to the book.
An academic book publisher has been identified, but not yet
finalised. We seek approximately 20 contributions of around
5000 words. Please contact us if you have an idea that you wish
to explore and thereafter turn into a paper. We hope to have all
papers completed by September 2016. Some draft papers will be
presented at the SLSA conference in Lancaster and they will be
finalised by September 2016. Please contact us with your
proposal, albeit sketchy at the moment, so that we can begin to
build the potential book chapters/contributions.
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This network has been established by Dermot Feenan, research
fellow, Law, University of Portsmouth. It will share research
information; host events, such as workshops, conference
sections, symposia; and support opportunities for further
collaboration, including through publication. The network
welcomes scholars from across disciplines globally. Those
interested in membe rship shou ld provide details of their
research interests (including publications) related to the theme
‘Law and compassion’ in not more than 200 words to
edermot.feenan@port.ac.uk.
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socio-legal news
9
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The Centre of Law and Society has been set up at Cardiff
University to encourage and provide an institutional framework
for the support of socio-legal, sociological, theoretical and
interdisciplinary research and education. Closely linked to the
Journal of Law and Society and its activities, the centre’s mission is
to promote innovative work in the fields of sociology and social
theory of law, legal cultures, legal anthropology, legal
education, legal professions and ethics, comparative sociology
of criminal justice, family law, law and religion, law and
medicine, law and environment, law and business regulation,
and socio-legal studies of EU integration. In the coming years,
the centre is expected to develop a wide range of activities and
research programmes supporting the exchange and
development of ideas, through conferences, symposia,
seminars, research methods seminars, reading groups and
working paper electronic publicat ions, between academics,
practitioners and others. Periodically, the centre will invite
proposals for a series of research activities (such as conferences,
workshops, symposia and seminars) that will run for a
particular time period (for example, a year) built around a socio-
legal research theme.
For further information, contact Professor Jiri Priban, the
centre’s director at )Cardiff Law School, Museum Avenue,
Cardiff CF10 3AX or epriban@cf.ac.uk.
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Dr Nuno Ferreira, from the Liverpool Law School, has been
awarded a highly competitive and prestigious European
Research Council Starting Grant, worth €1m, to fund the project
SOGICA – ‘Sexual orientation and gender identity claims of
asylum: a European human rights challenge’.
44B5CC9>716E>41=5>D1
Every year, thousands of individuals claim asylum in Europe
based on their sexual orientation or gender identity and existing
studies indicate that their claims are often treated unfairly,
based on inappropriate legal, cultural and social stereotypes.
This is made worse by the insufficient harmonisation of high
standards across Europe. There have been limited attempts of
excellent academic quality to address this issue and this research
will overcome this gap.
SOGICA will produce the first ever theoretically and
empirically grounded comparative study of the legal experiences
of asylum-seekers across Europe claiming international
protection on the basis of their sexual orientation or gender
identity. Building on extensive documentary analysis and
fieldwork, including interviews with asylum-seekers, decision-
makers and experts, the project will determine how European
asylum systems can more fairly treat these LGBT asylum claims.
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The project will last four years and will compare in detail the
British, German and Italian contexts. With the support of three
research assistant s, the p roject wil l radical ly increas e the
amount of evidence available and allow for better quality
proposals, contributing to the fulfilment of the human rights
and international obligations of European states.
SOGICA will enhance further the already excellent body of
expertise in the Liverpool Law School in the field of refugee law,
including in the school’s Liverpool Law Clinic. The project will
also be used as the cornerstone for a new interdisciplinary
platform for refugee studies at the University of Liverpool.
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The Nuffield Foundation is inviting applications for the current
round of this funding scheme. Under the Law in Society
programme projects are funded that are designed to promote
access to and improve understanding of the civil and family
justice systems. The Open Door programme funds projects that
improve social well-being and meet the wider interests of the
Nuffield Foundation’s trustees but lie outside the remit of its
other programme areas. This year’s deadlines are 18 April 2016
for outline applications and 14 July 2016 for full applications.
Please see website for details. wwww.nuffieldfoundation.org
/grants-research-and-innovation-projects
)85G1IG5<9F5>?G'1>>9F5BC1BI
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The AHRC marked its 10th anniversary in 2015 with a number
of activities including an essay competition. The competition
builds on the themes of the AHRC’s series of 10th anniversary
debates throughout the UK examining key aspects of the human
world – the ways in which they are changing and shaping our
lives – and exploring the ways in which the arts and humanities
can help us understand our changing world. The competition is
open to any current doctoral student registered at an eligible
organisation. You do not have to be AHRC-funded to enter this
competition. Essays should be no longer than 1500 words and
cover only one topic in the debate series. See the AHRC website
for the complete list of topics. Winning essays will be published
on the AHRC website. The final deadline for entries is 31 March
2016. wwww.ahrc.ac.uk/funding/opportunities/current/the-
way-we-live-now-the-ahrc-anniversary-essay-competition
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As part of the Research Council UK Partnership for Conflict,
Crime and Security Research (PaCCS), the ESRC and AHRC
wish to commission cross-disciplinary and innovative research
projects that will extend our understanding of how
transnational organised crime has evolved through time and in
different cultural contexts; why and how it extends across
borders; what impact it has on populations and sustainable
international development; and effective ways of preventing
and mitigating its impact. These grants are intended to generate
innovative, cross-disciplinary approaches and user
collaboration and engagement to develop a better
understanding of complex issues related to transnational
organised crime and its inter-relation with other licit and illicit
activities. Grants of up to £100,000 are available. Projects can be
up to 18 months in duration. The deadline is 30 March 2016.
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The AHRC has a number of funding schemes that are
permanently open for applications, for example, early career
research grants and leadership fellowships. Both these schemes
offer funding of between £50,000 and £250,000. Alternatively,
the research network scheme provides up to £30,000 to support
forums for the discussion and exchange of ideas on a specified
thematic area, issue or problem. Full details of all open schemes
are at wwww.ahrc.ac.uk/funding/opportunities/current.
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The Law Commission has two consultations currently open. The
consultation on sentencing law in England and Wales closes on
9 April 2016 and the consultation on misconduct in public office
closes on 20 March 2016. See wwww.lawcom.gov.uk.
socio-legal news publications
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The Irish project ‘Irish feminist judgments: judges’ troubles and
the gendered politics of identity’ builds upon the work of the
England and Wales Feminist Judgments Project which
integrated feminist theory and judicial method, rewriting
influential judgments from feminist perspectives. This
antholog y of r ewritten judg ments fr om North ern/Ireland
(along with innovative web resources with materials of use to
both academics and civil society) is the result. Bringing together
academic partners at institutions across the UK and Ireland
including the law schools at Kent University, the LSE,
University College Dublin, University College Cork, Queen’s
University Belfast and the University of Ulster, with solicitors,
barristers and civil society groups, the project created a broad
new community of Irish feminist scholars around an ambitious
Northern/Irish Feminist Judgments Project. The project has
created tangible resources which can be used to engender a
societal dialogue about legal decision-making and social change,
developing dynamic resources for future research and teaching
in judicial studies. The project focuses on the gendered political
roles of judges in contexts of transition from conflict, colonialism
and religious patriarchy.
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For the longest time, sanitation received little attention from
policymakers and lawyers, although it was not completely
outside the purview of laws and policies in India. However, the
past couple of decades have witnessed a significant change in
the manner in which sanitation is viewed, both at the national
and international levels. While this change is accompanied by a
growing interest among academics and practitioners in the
policy perspectives on sanitation, the emphasis on its legal
dimensions has lagged behind considerably. The piecemeal
nature of the existing legal instruments having a bearing on
sanitation and the lack of awareness about these instruments
has further contributed to this knowledge deficit. This book
attempts to fill this gap by piecing together the provisions of the
existing legal instruments that seek to address the different
dimensions of sanitation in India. In the process, it highlights, to
researchers, policymakers, lawyers and other people interested
in sanitation, the importance, complexity and fragmented
nature of the legal and policy frameworks that inform the sector.
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Climate Change and Social Movements is a riveting and thorough
exploration of three important campaigns to influence climate
change policy in the UK. Social movement organisations and
activists worked together to pass legislation on emissions
targets, oppose the construction of carbon-intensive
infrastructure and establish a public bank that would increase
investment into renewable energy and energy efficient
technology. What impact did the campaigns have on policy?
When was the timing ripe for activists to win their demands?
How were these social movement organisations and groups able
to affect policy and what strategies were involved? The author
answers all of these questions and more by delving deep into the
campaigns and illuminating the way policymakers think about
and respond to social movements.
%30$@-50.?:1!=:>?4?@?4:9$0CB:=67,B,9/>:.4,7?30:=D
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The Subject of Prostitution offers a distinctive analysis of the links
between prostitution and social theory in order to advance a
critical analysis of the relationship of law to sex work. Using the
lens of social theory to disrupt fixed meanings, the book
provides an advanced analytical framework through which to
understand the complexity and contingencies of sex work in late
)85!571@B?:53D
The Legal Records at Risk project, based at the Institute of
Advanced Legal Studies, University of London, commenced in
September 2015 with the following aims:
lto broaden the concept of ‘legal’ records from their
traditional definition as court records or deeds t o the
business records of private sector institutions specialised to
law (ISLs), including arbitration and mediation services,
barristers, insolvency practitioners, legal executives,
licensed conveyancers, multidisciplinary practices, notaries,
patent attorneys, pro bono legal services, scriveners,
solicitors, trade-mark attorneys and providers of ancillary
services such as law publishers and legal stationers;
land to identify and facilitate the rescue of legal records of
potential value which may be at risk through globalisation,
digital obsolescence, physical neglect, lack of interest on the
part of information owners or reduced archival resources to
preserve and provide access to the records.
All private sector institutions in the UK face similar information
management challenges, but modern legal records are
particularly vulnerable due to recent developments in legal
services which are transforming the nature, organisation,
regulation and economics of the sector. It follows that the
traditional processes by which legal records are managed,
disposed of or preserved for posterity also need to change.
The project will not collect records but will act as a conduit
through which legal records of value (in all formats and media)
are identified, preserved and made available for research.
In doing so we hope to raise the awareness of the
information owners of legal records as to the value of their
records and assist them to unlock the potential of the records for
both internal business reference and external research use. We
will achieve this aim by:
lcreating a census of private sector ISLs in England and
Wales, with details of what, if any, provision has been made
to preserve their archives;
lidentifying legal records of research value and relevant
repositories;
lfacilitating the process by which information owners deposit
records with repositories;
lproviding generic record-keeping advice to information
owners;
lrecognising and advocating best practice;
land working with the archive and research communities on
a co-ordinated strategy for the identification and
preservation of legal records of value.
The project is being led by Clare Cowling, an experienced
archivist and records manager. Please contact her at
eclare.cowling@sas.ac.uk if you would like further information.
For the latest project news, see our website
whttp://ials.sas.ac.uk/research/lrar/lrar.htm, which includes
details of our introductory seminar/workshop (further
workshops are planned) and a questionnaire for researchers.
Please contact the project with your thoughts and suggestions.
7,=0:B7492
publications
11
((
and Catholic school boards, the provincial government and
individual municipalities. In the face of the constitution’s
exclusionary language, all parties gave their compromise a legal
form which was frankly unconstitutional, but unavoidable if
Jewish children were to have access to public schools.
Bargaining in the shadow of the law, they made their own
constitution long before the formal constitutional amendment of
1997 finally put an end to the issue. In Honorary Protestants,
David Fraser presents the first legal history of the Jewish school
question in Montreal. Based on extensive archival research, it
highlights the complex evolution of concepts of rights,
citizenship and identity, negotiated outside the strict legal
boundaries of the constitution.
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This edited collection offers a critical overview of the major
debates in legal education set in the context of the Lord Upjohn
Lectures, the annual event that draws together legal educators
and professionals in the UK to consider the changes in the field.
Presented in a unique format that reproduces classic lectures
alongside contemporary responses from legal education
experts, this book offers both a historical overview of how these
debates have developed and an up-to-date critical commentary
on the state of legal education today. As the full impact of the
introduction of university fees, the Legal Education and
Training Review and the regulators’ responses to it are felt in
law departments across England and Wales, this collection
offers a timely reflection on legal education’s legacy, as well as
critical debate on how it will develop in the future.
%30:@9/,?4:9:1?30@=4/4.:!:74?4.,7:9.0;?1:=8,?4:9
49 ,9> 07>09 ,9/ ,C (0-0=
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!1>76?B41>4?8>"31BBI54C'?ED<5475N@@
Hans Kelsen and Max Weber are conventionally understood as
initiators not only of two distinct and opposing processes of
concept formation, but also of two discrete and contrasting
theoretical frameworks for the study of law. This book places
the conventional understanding of the theoretical relationship
between the work of Kelsen and Weber into question. Focusing
on the theoretical foundations of Kelsen’s legal positivism and
Weber’s sociology of law, and guided by the conceptual frame
of the juridico-political, the contributors to this interdisciplinary
volume explore convergences and divergences in the approach
and stance of Kelsen and Weber to law, the state, political
science, modernity, legal rationality, legal theory, sociology of
modernity. The book analyses contemporary citizenship
discourse and the law’s ability to meet the competing demands
of empowerment by sex workers and protection by radical
feminists who view prostitution as the epitome of patriarchal
sexual and economic relations. Its central focus is the role of law
in both structuring and responding to the ‘problem of
prostitution’. By developing a distinctive constitutive approach
to law, the author offers a more advanced analytical framework
from which to understand how law matters in contemporary
debates and also suggests how law could matter in more
imaginative justice reforms. This is particularly pertinent in a
period of unprecedented legal reform, both internationally and
nationally, as legal norms simultaneously attempt to protect,
empower and criminalise parties involved in the purchase of
sexual services. This book aims to overcome the current aporia
in these debates and suggest new ways to engage with the
subject and law. As such, The Subject of Prostitution provides an
advanced theoretical resource for policymakers, researchers and
activists involved in contemporary struggles over the meanings
and place of sex work in late modernity.
!4:900=492 0,7?3.,=0 ,B >>,D> 49 3:9:@= :1 ,=2,=0?
=,E40=
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1BB5<4<5H1>4B1"E<3;'?ED<5475N@@
This book celebrates Professor Margaret Brazier’s outstanding
contribution to the field of healthcare law and bioethics. It
examines key aspects developed in Professor Brazier’s agenda-
setting body of work, with contributions being provided by
leading experts in the field from the UK, Australia, the USA
and continental Europe. They examine a range of current and
future challenges for healthcare law and bioethics,
representing state-of-the-art scholarship in the field. The book
is organised into five parts. Part I discusses key principles and
themes in healthcare law and bioethics. Part II examines the
dynamics of the patient–doctor relationship, in particular the
role of patients. Part III explores legal and ethical issues
relating to the human body. Part IV discusses the regulation of
reproduction and Part V examines the relationship between
the criminal law and the healthcare process. Offering a
collaborative review of key and innovative themes in the field,
the book will be of great interest and use to academics and
students working in healthcare law and bioethics, and those
working in health policy, law and regulation at both national
and international levels.
,B49!:74?4.>!:74?4.>49,B
1F945<4=1>541BD
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Much writing on the relationship between politics and law has
been overwhelmingly theoretical. We know relatively little
about the practical, day-to-day impact of law on politicians,
their legal advisers and civil servants. Yet policy can be given
effect through law; legislation often has partisan, political,
pragmatic aims and legal rules and procedures can exercise
unwelcome constraints on politicians when developing and
implementing policies. How do lawyers in government see their
roles? How does politics affect the drafting of legislation or the
making of policy? This volume begins to answer these and other
questions in a number of settings. Contributors include former
departmental legal advisers, drafters of legislation, law
reformers, judges and academics, who focus on what actually
happens when law meets politics in government.
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When the Constitution Act of 1867 was enacted, section 93
guaranteed certain educational rights to Catholics and
Protestants in Quebec, but not to any others. Over the course of
the next century, the Jewish community in Montreal carved out
an often tenuous arrangement for public schooling as ‘honorary
Protestants’, based on complex negotiations with the Protestant
Journal of Law and Society (summer 2016)
Articles
‘Inheritance families of choice’? Lawyers’ reflections on gay
and lesbian wills – Daniel Monk
A new Leviathan: benefit sanctions in the twenty-first
century – Michael Adler
Connections and tensions between nationalist and
sustainability discourses in the Scottish legislative
process – Andrea Ross and Rhys Jones
Privacy and search engines: forgetting or contextualizing? –
Sylvia de Mars and Patrick O’Callaghan
Socio-legal studies in France: beyond the law faculty –
Renaud Colson and Stewart Field
Book reviews
Tarryn Phillips, Law, Environmental Illness and Medical
Uncertainty – Bob Lee
Frank McDonough, The Gestapo: The myth and reality of
Hitler’s secret police – Richard Mullender
Andreas Philippopoulos-Mihalopoulos, Spatial Justice –
Karin van Marle
publications events
((
12
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This event is part of Social Justice Week, a programme organised by
the Helena Kennedy Centre for International Justice, Department of
Law and Criminology. See website for details. wwww.shu.ac.uk/
faculties/ds/dlc/events/PublicLawConference2016.html
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march/deans-lecture-law-with-the-honourable-robert-sharpe
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Discussants led by Professor Denis Galligan will critique Wendy
Brown’s book. See website for details.
wwww.fljs.org/content/undoing-demos
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This event will cover the power and the limits of analysing and using
social media data from research, commercial and policy points of
view. wwww.eventbrite.co.uk/e/where-we-live-now-social-media-
place-and-policy-tickets-20896846029
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A Westminster Law and Theory Lab event. Please see website for
details. wwww.eventbrite.co.uk/e/new-materialism-sshwsmad-
panel-discussion-tickets-21221162067
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Speaker: Catriona Mackenzie, Visiting Professor, University of Leeds.
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2016/relational-autonomy-and-social-justice
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Hosted by the Howard League for Penal Reform as part of its 150th
anniversary celebrations. Please see website for further details.
wwww.howardleague.org/justice-and-penal-reform
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Theme: My body, my property: autonomy and relationality. Please
see website for details. wwww.eventbrite.co.uk/e/pecans2016-
workshop-my-body-my-property-autonomy-and-relationality-tickets-
21018310332
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The theme of ‘Promoting collaboration’ will examine the ways in
which legal educators and trainers can work together and explore
collaborative links between legal education and the legal profession,
law students, other professions and the community. Please see
website for details. wwww.northumbria.ac.uk/alt2016
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Organised by the Research Ethics Group of the Academy of Social
Sciences and New Social Media, New Social Science Network. See
website for details. wwww.acss.org.uk/developing-generic-ethics-
principles-social-science/ethics-and-social-media-research-conference
law, authority, legitimacy and legality. The chapters uncover
complexities within as well as between the theoretical and
methodological principles of Kelsen and Weber and thereby
challenge the enduring division between legal positivism and
the sociology of law in contemporary discourse.
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This new report published by the Nuffield Foundation shows
that the growth in lawyers working on a ‘no win, no fee’ basis
has removed the financial barrier to pursuing a clinical
negligence claim for many people. However, a small number of
serious cases may be falling through the funding gap.
Academics from the universities of Nottingham, Oxford and
Surrey analysed data relating to clinical negligence claims
between 2001 and 2013. The most significant change is the
growing proportion of claims brought by people who would not
have qualified for legal aid in 2001 (and who could not afford to
self-fund), but who are now able to bring claims because of the
increased availability of ‘no win, no fee’ lawyers. These findings
and others are reported in full and available from the Nuffield
Foundation website. wwww.nuffieldfoundation.org
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published by Cambridge University Press is now freely
available at w journals.cambridge.org/bhrj.
The
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is the official journal of the Commonwealth Legal Education
Association. It offers a platform for early career and established
academics throughout the Commonwealth to publish their
work and share scholarship, innovation and best practice on a
wide variety of legal matters and themes. It also welcomes
contributions from postgraduate students and others involved
in Commonwealth law and legal education (such as
practitioners). The journal is online, open access and peer-
reviewed. It is published in collaboration with the Open
University School of Law, a world leader in supported open
learning. The journal welcomes submissions of articles, case
notes, comments on recent cases, legislation and proposed
reforms, and book reviews. Applications to join the journal’s
panel of peer reviewers are also welcomed.
For further information on the journal and submission
guidelines for authors, please visit wwww.open.ac.uk/
law/main/why-study-law/journal-commonwealth-law-and-
legal-education. The editors are happy to discuss any queries or
proposed submissions and can be contacted at
ejclle@open.ac.uk. This is a rolling call with no closing date.
Social and Legal Studies 25(2) April 2016
Social and Legal Studies 25(2) April 2016
The legal question of morality: seal hunting and the
European moral standard – Nikolas P Sellheim
Imagining the international: the constitution of the
international as a site of crime, justice and community –
Nesam McMillan
The symbolic power of legal kinship terminology: an
analysis of ‘co-motherhood’ and ‘duo-motherhood’ in
Belgium and the Netherlands – Frederik Swennen and
Mariano Croce
Human trafficking heroes and villains: representing the
problem in anti-trafficking awareness campaigns –
Erin O’Brien
Legislating consent: creating an empowering definition of
consent to sex that is inclusive of people with cognitive
disabilities – Anna Arstein-Kerslake and Eilionóir Flynn
events
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NewOrleans2016/neworleans2016.html
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Please see website for details. whttps://networks.h-net.org/
node/73374/announcements/107933/cfp-arts-logistics-
interdisciplinary-conference
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Please see website for details. Closing date: 1 May 2016.
wwww.slsa.ac.uk/images/Flyer_-_Law_conf_2016.pdf
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Stream: ‘Politics, “market-making” and the organ trade: empirical
accounts of (in)human practices’. Please see website for details.
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This is the third International Sociology Association Forum of
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This symposium aims to provide up-to-date information on the
theory and practice of the application of neuroscience to the law. See
website for details. wwww.criminalbar.com/events/other-
events/q/date/2015/11/13/medico-legal-symposium
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Academic directors: Professor Richard Ashcroft (QMUL); Dr Nicolette
Priaulx (Cardiff University); Professor Matthew Weait (University of
Portsmouth). Please see website for details. Call closes: 31 March
2016. whttp://ials.sas.ac.uk/research/hart/wgh_legal_workshop_
current_year.htm
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artikkel?p_document_id=355759&sub_id=443478
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Theme: Thinking with evidence – seeking certainty, making truth.
Please see website for details. wwww.lassnet.org
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available to support the attendance of students. Please see website for
details. wwww.kent.ac.uk/law/mabal/project_events.html
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Please see website for details of this Westminster Law and Theory
Lab event. wwww.eventbrite.com/e/creativity-in-the-circular-
economy-tickets-5076678482
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Theme: Does liability stifle innovation? Economic models and
anecdotal findings. This is the second in this ESRC Seminar Series.
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publications/events/liability-v-innovation-unpacking-key-
connections-seminar-2
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Theme: Information is power. This is the Third Winchester
Conference on Trust, Risk, Information and the Law. Please see
website for details. wwww.winchester.ac.uk/academicdepartments/
Law/Centre%20for%20Information%20Rights/Pages/TRILCon-
2016.aspx
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The SLSA Guidance on Open Access (OA) is available on
the SLSA website along with SLSA chair Rosemary
Hunter’s presentation on OA from our 2014 conference:
wwww.www.slsa.ac.uk/index.php/open-access#SLSA. If
you would like a member of the SLSA’s OA subcommittee
to visit your institution to give a presentation on OA, please
contact Rosemary Hunter erosemary.hunter@qmul.ac.uk.
andré-jean arnaud
((
14
'""'#
#'K#'#*
André-Jean Arnaud’s name is less familiar in the English-
speaking world of socio-legal studies than it should be,
writes Roger Cotterrell. But this French legal sociologist
and social historian of law, who died last Christmas Day
aged 79, had an outstanding scholarly reputation
throughout continental Europe and far beyond.
He wrote excellent books of enduring value – for example, on
the history of the Code civil, the nature and development of
sociology of law, globalisation and transnational governance,
postmodernism and law, and the legal sociology of the family.
His anglophone impact was limited by the fact that his books,
mainly first published in French, were never translated into
English. Had they been, they would surely have given him a
prominence in the English-speaking world such as he found
elsewhere.
Apart from his scholarship, Arnaud’s contribution to the
advancement of socio-legal studies was made largely through
his ability and energy as an organiser and facilitator. Many
English-speaking socio-legal colleagues came to know him
through his work with the International Sociological
Association’s Research Committee on Sociology of Law. And
generations of anglophone students owe him a huge debt
because of the leading role he played in establishing the
International Institute for the Sociology of Law (IISL) in Oñati as
its first director (1989–1991).
He had not only to develop the IISL’s policies but also to
manage relations with its sponsors, and especially with the
Basque government which had given premises to the IISL in the
old abandoned University of Oñati. The late Volkmar Gessner,
also much involved in establishing the IISL, once told me how
lucky it was that Arnaud had become the first director. ‘With his
charm and charisma he wasn’t afraid to ask for anything. I
would never have done it but he made an outrageous demand
from the authorities for a residence for the students in a
beautiful derelict old house that had been owned by a noble
family.’ And he got it. In his speech at the IISL’s inauguration
Arnaud thanked the local people for their warm welcome and
promised that Oñati would ‘not suffer from the presence of so
many eminent foreign professors’. But not everyone in this
centre of Basque rebellion was happy: the first director’s car was
set on fire before Oñati settled into comfortable co-existence
with the IISL.
In France, he was instrumental in creating the European
Network on Law and Society and the journal Droit et Société.
Starting out as a Marxist (an early article was on ‘Law and
politics in the writings of Mao Tse-Tung’) he hardly endeared
himself to the traditional French law faculties, and for much of
his career he was a researcher affiliated to the National Centre
for Scientific Research in Paris. In his last decades, with his
Brazilian-born wife Wanda Capeller, he spent much time in
Latin America researching globalisation, governance and
MERCOSUR (the Common Market of the South), holding a
UNESCO chair, and teaching and writing in Spanish and
Portuguese as well as French.
He went to the USA as an academic visitor and gave lectures
and wrote some articles in English, but he told me that he did
not have a particular affinity for the language. He was spending
so much time speaking the languages of Latin America, he said,
that his English was rusty. With my inadequate oral French, we
could not easily converse, although we were friends for nearly
three decades. But we corresponded very easily and regularly
by email – he writing in French, me in English – and we wrote
an article together (‘Comment penser le multiculturalisme en
droit?’) in which we tried to think beyond our two nations’
contrasting approaches to cultural pluralism.
Arnaud’s numerous publications are full of lasting insights.
His earliest book on sociology of law, the first volume of his
Critique de la raison juridique (1981), is still a fine guide to the
early history of the subject and a valuable introduction to its
Durkheimian pioneers in France.
His friend, the sociologist Jacques Commaille wrote: ‘For
him sociology of law is never far from legal philosophy or legal
history. Far from delimiting a territory, his sociology of law is
enriched with this array of knowledges.’ Arnaud began as a
legal historian. Although his later socio-legal scholarship almost
always focused on contemporary issues, there was usually a
historical perspective in it. He liked to surprise his audiences –
for example, in a lecture I heard him give, he claimed to have
found a ‘pre-sociological vision of law’ in the twelfth-century
Decretum Gratiani.
He was a true individualist, following his own way outside
the orthodox mainstream of juristic scholarship and never afraid
to disrupt that orthodoxy. I found him a warm, courteous and
generous friend, open-minded and richly cultured. European
socio-legal scholarship is the poorer without him.
Social and Legal Studies 25(3) June 2016
‘We are the monitors now’: experiential knowledge,
transcorporeality and environmental justice – Dayna
Nadine Scott
Problematizing prostitution in law and policy in the
Republic of Ireland: a case for reframing – Sharron
FitzGerald and Kathryn McGarry
Governed by marriage law: an Irish genealogy – Deirdre
McGowan
Legislating hierarchies of victimhood and perpetrators: the
Civil Service (Special Advisers) Act (Northern Ireland)
2013 and the meta-conflict – Kevin Hearty
Discourses of victimhood in Sri Lanka’s civil war: collective
memory, legitimacy and agency – Rachel Seoighe
SLSA Annual Conference 2016
School of Law, Lancaster University
5th—7th April 2016
Lancaster University Law School are looking forward
to welcome delegates to the SLSA Annual Conference
2016 in our beauful 360-acre parkland campus just
outside of the historic city of Lancaster.
For more informaon, please visit www.lancaster.ac.uk/slsa2016 or
contact the organisers at slsa@lancaster.ac.uk
New Titles from Routledge Law
The latest titles in Socio-Legal Research
Available now
Save 20% on all these titles by using discount code SLSA6
when purchasing online at www.routledge.com/law.
*Prices shown inclusive of 20% discount. Offer not valid on library and bookshop orders.
Please be aware that shipping charges may apply. Offer expires 31/12/2016.
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The Subject of Prostitution
Sex Work, Law and Social Theory
Edited by Jane Scoular
The Subject of Prostitution offers a distinctive analysis of the links between
prostitution and social theory in order to advance a critical analysis of the
relationship of law to sex/work. The book analyzes contemporary
citizenship discourse and the law’s ability to meet the competing demands
of empowerment by sexworkers and protection by radical feminists who
view prostitution as the epitome of patriarchal sexual and economic
relations. Its central focus is the role of law in both structuring and
responding to the ‘problem of prostitution’.
December 2015
Hb: 978-1-904-38551-6 • WAS: £85.00 • SLSA PRICE: £68.00
Animals, Biopolitics, Law
Lively Legalities
Edited by Irus Braverman
Part of the Space, Materiality and the Normative series
This interdisciplinary collection proposes a new subject of inquiry: lively
legalities. The contributors – scholars from a variety of backgrounds and
disciplinary orientations – envision the possibility of legal frameworks that
might move beyond a humanist perspective. The book asks what, in legal
terms, it means to be human and nonhuman, what it means to govern and
to be governed, and what are the ethical and political concerns that
emerge in the project of governing not only human but also more-than-
human life.
January 2016
Hb: 978-1-138-94311-7 • WAS: £85.00 • SLSA PRICE: £68.00
Value Making in International Economic Law and
Regulation
Alternative Possibilities
Donatella Alessandrini
This book examines the contemporary production of economic value in
today’s financial economies and questions the regulation of the financial
sphere insofar as its excesses are juxtaposed to some notion of economic
normality. Given the problem of neatly distinguishing these domains – and
so, more generally, between economy and society – it considers the limits
of our current conceptualization of value production and measurement.
January 2016
Hb: 978-1-138-93674-4 • WAS: £80.00 • SLSA PRICE: £64.00
The Universal Adversary
Security, Capital and ‘The Enemies of All Mankind’
Mark Neocleous
This book is a radical exploration of a category that has emerged from
recent emergency planning documents released by the US security state:
the Universal Adversary. The Universal Adversary – an abstract enemy –
first emerged in security documents, but has since become central to
emergency planning, specifically for preparations in the event of an attack.
This book explores how the concept of the Universal Adversary builds on,
and deploys, several key tropes in the history of ideas about state power
and figures of resistance and disorder: the Zombie, the Devil and the Pirate.
February 2016
Hb: 978-1-138-95516-5 • WAS: £90.00 • SLSA PRICE: £72.00
Pb: 978-1-138-95516-5 • WAS: £26.99 • SLSA PRICE: £21.59
For more titles, visit our online catalogue: www.routledge.com/catalogs/glasshouse_books
Don’t forget full book descriptions, table of contents, reviews and author biographies of these books
can be found by visiting: www.routledge.com/law Have an idea
for a new book?
We’re always keen to hear about your
writing plans. Contact Colin Perrin,
with your book proposal:
colin.perrin@informa.com
Recommended for SLSA
20%
Law, Memory, Violence
Uncovering the Counter-Archive
Edited by Stewart Motha and Honni van
Rijswijk
The archive manifests law’s authority and its
troubled conscience. It is an indispensable part
of the liberal legal response to biopolitical
violence. This collection challenges established
approaches to transitional justice by opening
up new dialogues about the problem of
assembling law’s archive. By treating the law
as an ‘archive’, this book traces the failure of
universalized categories such as ‘perpetrator’,
‘victim’, ‘responsible’, and ‘innocent’ posited
by the liberal legal state. It thereby uncovers law’s
counter-archive as a challenge to established forms of
representing and responding to violence.
Hb: 978-1-138-83063-9 • WAS: £85.00 • SLSA PRICE: £68.00
Protest, Property and the
Commons
Performances of Law and Resistance
Lucy Finchett-Maddock
Protest, Property and the Commons focuses
on the alternative property narratives of ‘social
centres’, or political squats, and how the
spaces and their communities create their own
– resistant – form of law. Drawing on critical
legal theory, legal pluralism, legal geography,
poststructuralism and new materialism, the
book considers how protest movements both
use state law and create new, more informal, legalities in
order to forge a practice of resistance.
Hb: 978-0-415-85895-3 • WAS: £85.00 • SLSA PRICE: £68.00
A Jurisprudence of Movement
Common Law, Walking, Unsettling
Place
Olivia Barr
Part of the Space, Materiality and the
Normative series
Set amongst a spatial turn in the humanities,
and jurisprudence more specifically, this book
calls for a greater attention to legal movement,
in both its technical and material forms.
Despite the various ways in which the spatial
turn has been taken up in legal thought,
questions of law, movement and its materialities are too
often overlooked. This book addresses this oversight,
and it does so through an attention to the materialities of
legal movement.
Hb: 978-1-138-85039-2 • WAS: £85.00 • SLSA PRICE: £68.00
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