SLSA E‐Newsletter
| Date | 01 September 2015 |
| DOI | http://doi.org/10.1111/j.1467-6478.2015.00721.x |
| Published date | 01 September 2015 |
1
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Newsletter
Socio-Legal
No 74
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Warwick Law School will be welcoming SLSA members and
non-member colleagues to the 2015 Annual Conference: ‘Socio-
legal in culture: the culture of socio-legal’. The conference
coincides with the 50th anniversary of the University of
Warwick and we hope that it will be a celebration of the
Warwick Law School tradition of examining law in its political,
social, economic and cultural context.
The call for papers and posters is now open (see page 14).
Closing date: 19 January 2015.
The conference will take place on our leafy landscaped
campus in the heart of the Warwickshire countryside. Delegates
will have the opportunity to explore the outdoor Warwick
sculpture trail, part of the university’s significant collection of
contemporary art, as well as enjoying events at the Warwick
Arts Centre. The surrounding region is rich with culture and
heritage, with breathtaking countryside and a wide range of
museums, galleries and unique market towns.
The conference will be family friendly, providing an on-site
family room for young children. Children over five can take part
in activities provided by the university’s Holiday Scheme. A
range of accommodation will be available to suit all needs and
all delegates will have use of campus sports facilities including
a fully equipped gymnasium, swimming pool and state-of-the-
art climbing wall.
The campus is just four miles from Coventry station.
Frequent train services run from London Euston, which is only
one hour away. For those travelling from further afield,
Birmingham International Airport is 10 minutes from Coventry
station by rail, with trains departing every 10 minutes.
Visit the conference website for further details
wwww.warwick.ac.uk/slsa. For queries please contact Maebh
Harding or Jonathan Garton at eslsa@warwick.ac.uk.
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The SLSA Executive Committee is delighted to announce
that this year’s Prize for Contributions to the Socio-Legal
Community goes to former SLSA chair Professor Sally
Wheeler of Queen’s University Belfast. Dave Cowan
explains why he nominated her.
Sally Wheeler is one of my oldest and closest academic friends.
There are good reasons for this – she took me under her wing in
the 1990s and I witnessed first-hand her commitment to the
socio-legal cause while she was chair of the SLSA, between
1995–1999 and again from 2002–2009. She fought for that cause
in successive RAE/REF consultations and developed close
relationships with the ESRC which enabled socio-legal studies
to be prioritised. She pushed the agenda for the socio-legal
postgraduate community and it is no small thing to say that
many of us owe our careers to her. It is fair to say that she does
not suffer fools gladly and she can cut me down to size with a
withering glance, but the best thing about Sally is that she will
pick you up, dust you down, and help you make something of
it. There is nobody I know who is more generous of their time
both for the community and personally.
Sal will not thank me for nominating her for
this prestigious award but it is about time we recognised
her for her amazing contribution over the last decades. To
put her career in a nutshell, she was a professor at a
ridiculously young age and head of school for much of her
time since at different institutions; she has written seminal
texts in her field and beyond, and been on two RAE panels;
and, most of all, for myself and Linda Mulcahy she has been
our conference buddy at numerous conferences.
If only her beloved Aston Villa had put as much
commitment into their football over the last few seasons ...
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At its September 2014 meeting the Executive Committee
decided to increase the pot for the Grants Scheme to
£25,000 with immediate effect. From next year the
maximum award for individual grants will rise to £3000 for
both research grants and fieldwork grants.
The scheme was launched in July 1999 with an annual
pot of £5000 in order to encourage socio-legal initiatives in
practical ways for which other funding sources would not
be appropriate. For full details of the scheme, visit
wwww.slsa.ac.uk.
Final reports from three grantholders can be found on
pages 6–8.
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At the same meeting, the Executive Committee also decided
to increase funding for the SLSA’s annual Seminar
Competition to £10,000 and to award bursaries to all students
entering the poster competition starting with SLSA 2015.
See page 3 for details of this year’s Seminar Competition and
page 14 for the call for posters.
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The next Executive Committee meeting will be on 15 January
2015 at QMUL Lincoln’s Inn Fields Campus. SLSA members
are welcome to propose items for inclusion on the agenda:
email SLSA secretary, Chris Ashford
echris.ashford@northumbria.ac.uk.
Minutes and papers from past meetings are available at
wwww.slsa.ac.uk/index.php/executive#meet.
slsa noticeboard
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slsa news
3
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The SLSA website contains comprehensive information
about the SLSA and is also home to the SLSA Directory. The
news section is updated weekly and these updates are
circulated to members via a weekly ebulletin. 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. The
SLSA’s social media officer is Jen Hendry
ej.hendry@leeds.ac.uk.
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
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Diamond Ash iagbor was co-op ted to the Exec utive
Committee in September 2014. She describes her route into
socio-legal studies and her new role on the ESRC Grant
Assessment Panel.
My undergraduate degree in the late 1980s was very traditional,
and therefore light on engagement with socio-legal studies. But
it did contain an element of ‘law in context’, in particular in the
study of labour law – which was crucial in sparking my interest
in socio-legal approaches. I’m now professor of labour law at
SOAS, University of London, and my research places specialist
scholarship (on labour and equality law, labour law, trade and
development) within a broader interdisciplinary context. I have
long worked within the socio-legal tradition, but consolidated
this with my doctorate (2002) and monograph (2005) which
drew together law, governance and the economics of labour
market regulation. This engagement with socio-legal
scholarship has also been reflected in my more recent research
exploring tensions between social rights and economic freedoms
within the EU; my ongoing interest in the intersection between
gender and race in labour markets; and my book-length project
on Social Rights and the Market: Embedding trade liberalisation in
regional labour law, which interrogates the social dimension of
regional economic integration – how markets may be embedded
within, constituted by and ameliorated through labour law and
social policy, with a focus on integration within sub-Saharan
Africa.
There are many routes into academia and mine was to qualify
as a solicitor in a labour law/trade union firm and work as a trade
union research officer, before becoming a researcher and then
lecturer at Hull University. But I felt I needed more systematic
training as a (socio-legal) researcher, so undertook a PhD at the
European University Institute in Florence and then a post-doc
(having been awarded both the British Academy and the ESRC
postdoctoral fellowships). Prior to SOAS, I worked as a lecturer
then reader at University College London. At SOAS, I was
fortunate to share methodological and disciplinary interests with
then colleagues Prabha Kotiswaran and Amanda Perry-Kessaris,
with whom I organised a workshop and edited two journal
special issues on ‘economic sociology of law’, which brought
together scholars from history, sociology, economics, gender
studies and law. I’m also currently a member of the editorial
boards of Feminist Legal Studies and Current Legal Problems.
I have been co-opted onto the SLSA Exec as I’ve recently
been appointed as the socio-legal member of one of the ESRC’s
three Grant Assessment Panels, a position most recently held by
SLSA vice-chair, Anne Barlow. The Grants Assessment Panels
assess applications submitted under the ‘open date’ responsive
mode schemes across the full range of the ESRC’s activities and
make recommendations to the ESRC’s Grants Delivery Group,
which decides on funding. Following revision of the
disciplinary breakdown in summer 2014, socio-legal studies is in
Panel B – along with education, linguistics, science and
technology studies, social work and sociology.
I look forward to my time on the Exec and to being a link
person between the ESRC and the socio-legal community –
hopefully providing insights, advice and encouragement about
research funding and the work of the ESRC.
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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) – this third SLSA
‘Exploring’ conference will be held at the Centre for Socio-
Legal Studies, Oxford, from 15–16 December 2014.
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.
The programme is now available and registration is
open. Keynote speakers are David Nelken and Fernanda
Pirie. Sessions include: theoretical and analytical
perspectives; limits to comparison in socio-legal studies;
regional sessions on Europe, Asia and the UK; actors in
socio-legal comparison; and interpretation in comparative
socio-legal studies.
Conference organisers are Fernanda Pirie, Naomi
Creutzfeldt and Agnieszka Kubal. Please visit webpage
for details: wwww.slsa.ac.uk/index.php/events/one-
day-conferences/exploring-the-comparative-in-socio-
legal-studies.
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This year’s postgraduate conference is being organised by
Birmingham Law School. It is open to both members and non-
members of the SLSA and is FREE (including accommodation
and subsistence but not travel). Planned sessions include:
lgiving a conference paper;
lgetting published;
lconference posters;
lmanaging your supervisor;
lgetting through your viva;
lacademic job-hunting;
land research ethics.
Registration is now open. Please visit the website for further
details and to download the booking form. Closing date for
booking: 10 December 2014. wwww.birmingham.ac.uk/schools
/law/events/2015/slsa-pg-conference-2015.aspx
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News and feature articles are always needed for the
newsletter, plus information about books, journals and
events. The next deadline is 26 January 2015.
Contact Marie Selwood emarieselwood@btinternet.com
or t01227 770189.
slsa seminars
))
4
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1 May 2014, Durham Law School
On 1 May 2014, Durham Law School held its Postgraduate
Research (PGR) Conference and, as part of the event, hosted the
‘North-east rapid response roundtable’. In organising the event,
Dr Aoife O’Donoghue and Catherine Turner from Law and
Global Justice in Durham successfully applied for and received
funding from the SLSA to support this PGR-facing event. This
roundtable brought together experts and PGR students from
Durham and across the UK to discuss the ongoing issues in
Crimea, particularly from a human rights perspective. As events
in Crimea evolved, EU, international and human rights law
were all relevant to deciphering the legality of Russian
involvement, the conduct of referenda on independence and the
right to self-determination.
The organisers of the PGR conference were PGR convenors of
three of Durham Law School’s research centres – the Durham
European Law Institute (Oliver Bartlett and Eszter Harsanyi-
Belteki), Law and Global Justice (Jane Rooney and Konstantina
Tzouvala) and the Human Rights Centre (Rumyana Grozdanova
and Daniel Lowe). The organisers held an open call for PGR
students to participate in the roundtable discussion on European,
human rights and public international law perspectives on the
crisis in the Crimea. PhD candidates from Edinburgh, Oxford,
Newcastle and Manchester joined in the discussions with
Durham PGR candidates and staff members including: Professor
Ian Leigh, who discussed his involvement with the Council of
Europe regarding Ukraine’s human rights obligations; Professor
Robert Schütze, who spoke on the subject of the EU’s response;
Dr Aoife O’Donoghue on the role of international law in setting
the terms of negotiation; and Dr Andrés Delgado Casteleiro on
the EU’s neighbourhood policy. Professor Neil Walker, one of the
key speakers at the wider PGR conference, also joined the
discussion on law’s response to events as they unfolded.
The roundtable was a great opportunity for PGR students
and staff to discuss current events in Crimea as they were
actually taking place and the discussions have remained
relevant to the ongoing crisis in Eastern Ukraine.
72/.G76701=.*6-*<1.:26.#=:6.:=:1*5 $62>.:;2
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1 September 2014, Senate House, University College London
This one-day seminar explored encountering death in
punishment through a range of penal practices and institutions,
such as executions, death row, life without parole/whole-life
tariff, suicide in prison, ageing/dying in prison and
unexplained death in prison/custody. The aim was to facilitate
conversations and explore synergies among scholars working in
these research areas. The invitation for abstracts elicited a great
deal of interest from law, sociology, history, criminology and
health-related fields. The one-day, one-stream seminar took
place in Senate House and consisted of 11 papers organised
around the themes of ‘Dying inside’, ‘Deaths in custody: the
happenstance of death in punishment’, ‘Taking lives:
punishment and death’, and ‘Death and the state’. The seminar
was fully booked and the format fostered a conversation that
reflected both the comparative dimensions of issues of death in
punishment (across different jurisdictions and policy contexts)
but also across the sometimes academically compartmentalised
instances of capital punishment, deaths in custody and long-
term prison sentences.
The seminar discussions exposed the challenge of scale in
terms of deaths in prison and the inadequacy of judicial,
political and administrative responses in this landscape both in
the USA and the UK. The discussion identified the need to
explore the management of health and death in prison beyond
judicial and penal discourses and emphasised the importance of
comparative reflection on the political and philosophical
underpinnings of health provision in different jurisdictions. The
issue of the meaning of expectation of death during
imprisonment was also explored. The discussion inevitably
considered this expectation and the ‘end of life’ arrangements in
prison as an aspect of the pains of imprisonment but also
engaged in an exploration of the visibility of suffering and the
challenges of embodiment (the ailing/frail body, the female
body, the young body, the living dead, the non-human body) in
the political, conceptual and methodological engagement with
the experiences of a range of groups in relation to death in
punishment (young people/vulnerable groups under short
sentences, long sentences, those on life without possibility of
parole and those on death row/executed).
The happenstance of death in punishment/custody within
the UK context was reflected upon both in terms of the relative
political invisibility and the judicial fragmentation of the
investigation, recording and responding to death in
punishment. The discussion considered institutional failures
leading to deaths in prison as miscarriages of justice and
identified the need to reflect on the implications of the relative
success of a focus on error as an abolitionist/reformist strategy
in the UK, the USA and China in capital punishment. It was
suggested that the ‘event’ of death in punishment (and not
merely death as punishment) and its surrounding practices
provides an opportunity for witnessing and challenging penal
practices and informing/driving abolitionist/reformist
strategies. The importance of understanding cultural and
political transitions in challenging the philosophical and
practical centrality of death in punishment (in states in
transition and transformation such as Romania, Libya and
China), which was addressed by some of the papers, reminded
participants of the importance of embedding comparative
reflections of death in punishment/custody more broadly in a
thick description of the institutional and historical settings of
these practices.
The organisers and participants are keen to pursue these
themes in further seminar series and are planning special
issues/edited collections around the themes of the seminar.
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This year’s Seminar Competition is now open. Due to the
high quality of entries in recent years, the competition
fund has been doubled to £10,000.
The money can be used to support the delivery of an individual
seminar or short conference, or a series of events. There are no
restrictions on subject matter, provided that applicants can show
relevance to the socio-legal community. Applicants must be
SLSA members. Applications will not be considered where the
amount of support required is less than £500, or where the event
is targeted at staff or students of a single institution. The fund
has so far supported 11 successful events.
If you are considering an application, please ensure that
your proposal accords with the published guidance,
downloadable from the SLSA website: wwww.slsa.ac.uk. If you
have any queries, contact Mark O’Brien,
emark.obrien@brookes.ac.uk. Closing date: 12 December 2014.
Reports of four SLSA seminars held this year follow below.
slsa seminars
5
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12–15 June 2014, Edinburgh University
The editors of the forthcoming Oxford Handbook of Roman Law
and Society would like to express their sincere gratitude towards
the SLSA for its financial assistance. The grant enabled the
editors to hold an author conference at the University of
Edinburgh, School of Law. Scholars from across the world who
are participating in the project travelled to Edinburgh to present
drafts of their chapters for peer review. Without the financial
assistance of the SLSA, this would not have been possible.
The proposed Handbook will contribute to current
scholarship on Roman law in two ways. First, it is intended to
survey the landscape of contemporary research and chart
directions of future inquiry. It is therefore not principally a
manual of doctrine. Its aim, rather, is to bring to bear upon
Roman legal study the full range of intellectual resources of
contemporary legal history, from comparison to popular
constitutionalism, from international private law to law and
society. This will be the unique contribution of this volume that
will set it apart from others in the field. Second, the volume will
bring the study of Roman law into closer alignment, and thus
into dialogue, with historical, sociological and anthropological
research in law in other periods. For early modern and modern
American law, two handbooks now summarise a generation's
accomplishments in these more integrated approaches to legal
study: Richard Abel (ed), The Law and Society Reader (New York
University Press 1995) and Austin Sarat (ed), The Blackwell
Companion to Law and Society (Blackwell 2004). The volume will
thus be directed not simply to ancient historians and legal
historians already focused on the ancient world, but to
historians of all periods interested in law and its complex and
multifaceted relationship to society.
The editors are extremely grateful for the SLSA’s support of
this endeavour. We hope that through the publication of this
work we are able to make a small contribution to the ongoing
debate about ‘law and society’. For details see,
wwww.centreforlegalhistory.ed.ac.uk/past_events/oxford_
handbook_of_roman_law_and_society_conference/programme.
slsa grants
))
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Alysia Blackham, Cambridge University, £1500
As the workforce ages, there is an increasing need to focus on
how older workers may be supported in employment and
encouraged to remain in the workforce. To advance existing
knowledge in this area, my PhD comprised an empirical, mixed-
method study of the impact of age discrimination laws on the
employment of older workers, employing qualitative,
quantitative, doctrinal and comparative research methods.
The research phase funded by an SLSA PhD fieldwork grant
involved explanatory organisational case studies of five
workplaces that had been identified as ‘best practice’ employers
in relation to older workers. The case studies involved three
employers in the UK, including a small company, large
company and local council; and two in Finland, including a
large company and local council. The case studies examined the
impact of age discrimination laws in an organisational context.
In particular, they considered the following research questions.
lWhy do organisations adopt positive or innovative
approaches to the employment of older workers?
lHow can law encourage or support positive change at the
organisational level?
Each case study comprised semi-structured interviews with
human resources directors, management (including middle
managers), older workers and, where relevant, unions and
members of equity committees, and a review of corporate
policies and other documents (including committee minutes,
reports and proposals).
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The case studies identified five drivers of positive or innovative
approaches to the employment of older workers: business
factors; organisational leadership; organisational culture; law
and legislation; and unions and collective action.
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The organisations generally saw older workers as being ‘good
for the business’: older workers had important ‘know-how’ and
were likely to remain with the company for a number of years,
boosting employee retention. Further, being an ‘employer of
choice’ for older workers gave the organisations beneficial
publicity and helped to recruit and retain staff. Finally, in
Finland, best practice measures were adopted to reduce sick-
leave absences and early retirement due to ill health and their
associated financial costs, which were borne by employers
under Finnish legislation. Thus, legislation and statutory
financial incentives influenced organisational business factors.
:0*62;*<276*44.*-.:;128
Proactive measures were more likely to be implemented when
driven by organisational leaders, particularly if adopted as a
strategic priority for the organisation and allocated
appropriate funding.
:0*62;*<276*4,=4<=:.
A culture of equality was a strong driver of age-aware practices
in the case study organisations, either in seeing the workplace as
(!('#)'%$')(
We hear back from Lisa Vanhala and Rebecca Dudley on
their completed research projects. Plus, we publish the
first fieldwork grant report, from Alysia Blackham,
following last year’s expansion of the Grants Scheme.
‘really just a big family’ in the small or family-owned
businesses, or as part of an altruistic societal responsibility in the
case of the local authorities.
*?*6-4.02;4*<276
Legal provisions had limited impact on organisational practice
for the small organisation and the two councils. Indeed, the local
authorities were already operating above and beyond what was
required by law in this area. However, in the large companies,
legal provisions were a significant driver of corporate practice.
More particularly, the Finnish large company’s programmes
were driven by ‘money reasons’ and financial penalties imposed
by legislation, and the UK large company was highly attuned to
legislative change. No organisation had experienced age
discrimination claims, meaning individual litigation was a
minimal driver of organisational practice in these case studies.
$6276;
Unions and collective action also played a minimal role in the
adoption of best practice. While some organisations consulted
unions in the design and implementation of their programmes,
no organisation felt that unions had prompted the introduction
of such practices. Rather, management initiated these
programmes. This contrasted sharply with the unions’
perceptions of their role and influence: in the UK large
company, the union has ‘always had a massive influence on
those issues’. In contrast to the company’s minimalist view of
union influence, the unions saw themselves as occupying a
broad role as advocates for good practice, influencers of
corporate policy and a check on corporate power. The
experiences of these case study organisations indicate that
unions are playing a lesser role in age equality matters than
might be anticipated (or, at least, that the organisations perceive
unions to be playing a lesser role).
8B2DBB8>=0=32>=2;DB8>=
The results of the organisational case studies corroborate the
theories and findings in the literature: business factors and
organisational culture were key drivers of best practice in
relation to older workers. However, organisational leadership
proved to be more important than the literature suggested and
law had less impact than might have been expected. That said,
for the Finnish company and UK large organisation, legislation
(and proposed legislation) was a significant driver of best
practice. Therefore, law may have differential impacts on
different organisational types. Further, Finnish laws and
financial incentives, which place financial responsibility on
employers for employees’ ill health and early retirement,
encouraged a more proactive and holistic response by
employers to their ageing workforce. A union presence did not
appear to have any significant impact in these cases: indeed, the
UK small enterprise had no union presence at all. At the same
time, cooperation and consultation were seen as important in
developing ageing programmes, though not in their initiation.
While there are many drivers of organisational best practice,
governments may find it difficult to influence internal
organisational cultures and business factors. However, law and
government intervention can encourage organisational
leadership in this area or be used to rebalance workplaces’
assessments of business factors (such as through the use of
financial incentives or sanctions). Further, it appears that
national context and domestic legislative frameworks have a
strong association with organisational definitions of compliance
and best practice: law does matter. Going forward, government
interventions need to recognise the diverse and specific
organisational contexts of the workplaces they hope to
influence. This may require tailored, context-driven
interventions that acknowledge employers’ diverse contexts and
challenges to better support an ageing workforce.
slsa grants
7
))
><4BC8201DB40=3F><4=F8C7=>
A42>DAB4C>?D1;825D=3BF74A47D<0=A867CB
3>=>CA4027
Rebecca Dudley, Queen’s University Belfast, £1000
Women who experience domestic abuse face even greater risks
and more human rights abuses – including violations of
fundamental rights to life and not to be tortured – if they are
subject to the ‘no recourse to public funds’ (NRPF) immigration
rule. The NRPF rule means that women subject to immigration
controls on a variety of visa statuses cannot access benefits and
therefore they cannot access safe refuge accommodation or other
support. As the law stands, it is their visa status, rather than the
grave risk they may face of loss of life or serious harm, that
determines their access to safety, support and justice.
The SLSA made a grant of £1000 to defray the costs of
research trips for this doctoral research project. From May 2013
to February 2014, I conducted 51 interviews of service providers
(statutory and voluntary) in four cities – Belfast, Bradford,
Glasgow and Luton, with additional interviews in London and
Edinburgh – to explore impacts of insecure immigration status
on women who experience domestic abuse. The result is a
window into the impact of these rules, particularly NRPF. Some
key findings are listed below.
lSome women experiencing domestic abuse who are subject
to immigration controls are doing safety planning and risk
assessments, calling service providers about what is
available if they were to leave. After a risk assessment, they
frequently choose to stay with abusers. We do not have
reliable estimates of women who are ‘trapped’.
lThe state actively reinforces a political and social climate
that is hostile to migrants, puts up barriers to accessing
health care, and now proposes landlord checks on
immigration status of tenants. This climate, on balance of
probabilities, exacerbates the fear and unwillingness of
women subject to immigration control to disclose abuse.
lWomen who do leave may find safety and support through
some legal duties and concessions, especially the destitute
domestic violence rule (for those on spousal visas), a duty of
care to support children, assessments on the basis of
destitution or additional care needs, and trafficking or
successful asylum claims.
lVoluntary agencies make enormous efforts to assist these
women with safe accommodation and outreach support,
through faith groups, charities and even personal resources.
lWomen face risks when presenting to statutory and voluntary
service providers: awareness of legal duties is inconsistent
across local authorities and among staff members. The women
may be sent to other geographic areas and from statutory to
voluntary agencies. Their children may be taken into care or
they may lose custody of children to the perpetrators of abuse
while they seek assistance. Attempts to seek help, even if the
women are eligible for assistance, sometimes fail.
Only women on spousal visas are eligible for the destitute
domestic violence rule where they may access safety and
support while applying to regularise their immigration status.
Women and girls on other visas – dependents, students,
overstayers, refused asylum seekers etc – are not eligible.
When these women flee domestic violence and are turned
away, they face increasing vulnerability to discrimination, abuse
and violence. For example, they:
lreturn to abusive partners;
lare returned back to country of origin unwillingly, perhaps
having had children taken into care in the UK;
lbecome destitute/roofless;
lwork in exploitative conditions;
lcome into contact with the law and may be in custody;
lseek help from people (usually men) who become new
abusers;
lgo into prostitution/the sex trade;
ldisappear, into what service providers suggest is most likely
a precarious combination of the above, including perhaps
grave danger to their safety.
0C0;8C84B
Through materials in the public domain (three domestic homicide
reviews and one serious case review), I identified four examples
of the link between immigration status, with its lack of access to
safety and support, and fatalities. In three cases, women with
insecure status have been killed and, in one case, the immigration
status of the mother is noted to have been a factor in the failure to
access services to prevent the death of a child.
>=2;DB8>=B
The violence experienced by women subject to immigration
control spans the different forms of violence against women and
girls; from so-called honour-based violence, forced marriage,
domestic violence including sexual violence, systematic sexual
exploitation in the commercial sex trades, trafficking,
harassment, stalking and homicide. These are underpinned by
the use of immigration status to reinforce coercive control, a
process in which the state provides legal reinforcement through
a series of immigration rules that have disproportionately
gendered consequences. This violence spans four levels
identified by special rapporteurs: the family, community,
condoned by the state, and the transnational sphere. The
research closes with a number of recommendations including:
lthat the UK Home Office should provide guidance and
training to local authorities about the implementation of
immigration rules in cases of domestic abuse;
lthe provision of immediate emergency short-term support
to assist these women;
land that provisions for women on spousal visas to gain access
to safety and support while regularising immigration status
should be available to women holding other visa types.
The report above is adapted from a briefing for Professor
Rashida Manjoo, special rapporteur on violence against women
and girls at the UN during her visit to Belfast on 8 April 2014.
Workshops and meetings for feedback to practitioners who
contributed and colleagues in advocacy roles are planned for
autumn and winter around the UK. For further details, please
contact Rebecca Dudley erebecca.dudley@ntlworld.com.
(!(<4<14AB78?14=458CB
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 details.
slsa grants socio-legal news
))
8
%>36KA42:8%A8I4
The International Sociological Association Research Committee
on Sociology of Law Jury Committee for the Podgòrecki Prize
calls for nominations for the Senior Prize, which will be
awarded in 2015 to a socio-legal scholar for their outstanding
lifetime contribution to socio-legal scholarship and research.
The 2015 prize jury is comp osed of Profess or Robert
Dingwall (UK), Professor Stephan Parmentier (Belgium) and
Professor Maria Ines Bergoglio (Argentina). The jury has noted
that all previous winners have been men. Although their
decision will be based strictly on candidates’ merits and the case
presented in nominating them, the jury would particularly
welcome the opportunity to consider nominations on behalf of
some of the outstanding women scholars in the field. Full details
of the nomination procedure – deadline 14 February 2015 – can
be found at whttp://rcsl.iscte.pt/rcsl_apodgpr15_call.htm.
!7+.:
05JDA8BC
The School of Law at the University of Portsmouth is pleased to
announce the launch of Café Jurist, a series of six free café-style
evening presentations and follow-up discussions hosted at Le
Café Parisien in Portsmouth involving at each event an invited
speaker presenting on a topic of broad legal importance aimed
at students, academics, legal professionals and members of the
public. Its café-style format aims to take important legal and
political discussion into a community-friendly and egalitarian
environment.
The first event, with speaker Professor Dave Cowan, took
place on 29 October 2014. The next event is scheduled for
26 November 2014. Future speakers are Barbara Hewson, Sam
Bowman, Professor Conor Gearty, Professor Jonathan Wolff and
Professor Susan Vinnicombe CBE.
Full details are on the website wwww.port.ac.uk/school-of-
law/school-events/cafe-jurist.html.
.:57
*=34ABC0=38=6C744;4<4=CB>540A;H
?;024<4=CBD224BB5>A03>?C43278;3A4=
0=3C748A50<8;84B
The Wales Adoption Cohort Study, funded by the Welsh
Government (National Institute for Social Care and Health
Research), commenced on 1 October 2014 and will run for two
years. The study is being carried out by an interdisciplinary
team of researchers at Cardiff University who are working with
key adoption providers to gather evidence to promote
successful adoption in Wales. It will investigate what factors
characterise and underpin early placement success for families
who have adopted children in Wales. These include:
lthe support families need in the first year after their
child(ren) are placed and the extent to which these support
needs are met;
lthe factors that help families flourish in the first year;
lthe impact of decision-making in the court proceedings and
administrative processes that preceded placement of
children for adoption.
The methodology includes a file study of all children placed by
Welsh agencies in a 12-month period, with questionnaires and
interviews with a sample of adoptive parents.
The project team is led by Dr Katherine Shelton with Dr Julie
Doughty, Professor Sally Holland and Dr Heather Ottaway.
Information is available on the website
whttp://sites.cardiff.ac.uk/adoptioncohort.
socio-legal news
9
))
)74><5'4BC>A0C8E4'4B40A274AB
The Community of Restorative Researchers is a new
international, interdisciplinary research network. Its purpose is
twofold: first, to create a free and open medium through which
those with a research interest in restorative theory and/or
practice can connect, share and collaborate with others involved
in similar lines of inquiry; second, to connect the worlds of
policy and practice, as well as the public sphere, to that of
research. The sharing of research expertise across disciplines
and nations, as well as with practitioners, policymakers and the
public, is essential to achieving the twin goals of maximising the
potential benefit from and minimising the risks presented by the
use of restorative approaches to crime, harm and conflict. The
network also acts as a community of support for its members
and aims to contribute towards the understanding, design and
delivery of restorative practices across the myriad contexts in
which they are, or could be, employed.
Founded in June 2014, the network’s database and social
media groups consist of almost 300 active members,
representing more than 30 countries. Members include
undergraduate and postgraduate students, academics,
policymakers, facilitators, third-sector workers and criminal
justice and education professionals, as well as those with a
personal interest in restorative justice. The network’s inaugural
event will take place in the UK in early to mid-2015 and will
involve talks by influential researchers, practitioners and
D38280;8<064B?A>942C
This is an initiative supported by the UK AHRC. The aim of the
project is to promote dialogue, understanding, future research
and collaboration among stakeholders about the production,
management and consumption of judicial images. To achieve
this we are building a network of experts from across disciplines
and fields of practice, including academics, members of the
judiciary, journalists, scriptwriters, film-makers, artists,
architects and costume-makers.
We will be hosting a range of ‘live’ events in London; three
workshops and a public lecture. The first workshop took place
in November 2014, the other events are all in 2015. You can find
out more about the dates and themes of the workshops on the
network’s website.
The website will play a key role in promoting interest in
judicial images, encouraging research and image-making,
facilitating networking and as a research, teaching and learning
resource. These goals will be achieved in a variety of ways.
lAs the workshops take place the website will include
extracts from the workshops, copies of papers and
presentations.
lThe site has a number of virtual exhibitions showcasing and
exploring judicial visual images. We hope to expand the
range of these.
lAnother goal is to make the website an essential resource of
materials engaging with and relevant to anyone interested in
judicial images. This resource will be multidisciplinary.
lEducational and teaching resources will also be made
available through the site.
lLast but by no means least, the website offers a platform to
draw attention to related events and activities.
We would like to invite you to join our virtual community. If
you decide to join us your details will be posted on the
‘Network’ page. If you have any queries please contact Leslie
Moran el.moran@bbk.ac.uk.
For further details visit whttp://judicialimages.org.
.;42.7:*6*6-26-*=4,*1A
>=BC8CDC8>=0;DCDA4B=C4A38B28?;8=0AH
'4B40A27A>D?
The Constitutional Futures Interdisciplinary Research Group at
Queen’s University Belfast (QUB) held a day-long workshop on
10 October 2014 on ‘The direction(s) of devolution’, with
contributions from Aileen McHarg (Strathclyde), James Mitchell
(Edinburgh) and Alan Trench (Ulster) and lively engagement
with an audience from various academic disciplines, government
and the NGO world. This built on an earlier event in July where
the particular challenges to the Northern Ireland constitution
from the Scottish independence vote provoked an animated
debate between academics and representatives from the main
political parties. The next event from the group, on 7 November
2014, focused on ‘The European dimension(s) of the UK’s
constitutional futures’ and involved contributions by academics
from Cambridge, Durham, Edinburgh and Surrey as well as QUB.
It examined the layers of constitutional tension and complexity
arising out of potential modifications to the constitutional
position of European human rights law and EU law. As well as
examining the range of possible constitutional futures, the
workshop also considered the continuing value and efficacy of
rights as a method of protecting individuals from power.
Further events are planned. For more information,
contact John Morison at QUB ej.morison@qub.ac.uk or visit the
group’s website at wwww.qub.ac.uk/research-centres/isctsj/
InterdisciplinaryResearchGroups.
7167:2;76
78;3A4=PB'867CBD36<4=CB%A>942C20;;
Professor Helen Stalford (Liverpool) and Professor Kathryn
Hollingsworth (Newcastle) welcome proposals from established
and early career researchers to participate in a new collaboration
between experts from jurisdictions across the world to develop
the emerging methodology of judgment (re)writing, adopting a
children’s rights approach.
Deadline: Friday 30 November 2014. For details, see
wwww.liv.ac.uk/law/research/european-childrens-rights-
unit/childrens-rights-judgments.
*<1:A6744260;?7:<1
policymakers in the field. It will be open to members and non-
members alike (date and location to be announced soon).
Both a breadth and depth of knowledge are crucial to
achieving the overlapping goals of a peaceful society, an
inclusive and effective education system, a responsive and
nuanced approach to justice, and empowered and resilient
communities. This network will provide students and
academics with the chance to influence policy and practice
directly. For practitioners and policymakers, meanwhile, the
network will afford them the opportunity to keep up easily with
the latest research findings and to employ an evidence-based
approach to their own work.
The community maintains a Facebook page, on which
information about policy, research and events can be shared.
Most of the discussions, however, take place in the Facebook
and LinkedIn groups, through which people working on similar
aspects of restorative justice in different corners of the world
have been brought into communication. Please use the search
term ‘community of restorative researchers’ on Facebook and
LinkedIn to find and join these groups.
To join the members’ database, for more information
or to make suggestions, please email Ian Marder
elw08im@leeds.ac.uk.
*6*:-.:/7=6-.:755=62 !.;<7:*<2>.!.;.*:,1.:;
42;1A*12:*6-.0*6"1*:86.7:3 -.>.4785.6
755=62.!.;.*:,1.:;
socio-legal news publications
))
10
%>BC6A03D0C418>4C782B2>=54A4=24
The eighth ‘Postgraduate bioethics conference’ was hosted by
Emma Nottingham and Alexander Chrysanthou of the
University of Southampton. The theme of the conference was
‘Health law and bioethics at the frontiers of innovation’ and was
attended by a range of academics from different disciplines,
including philosophy, law, sociology, humanities, medicine and
biomedical science, at different stages of their careers from
masters and doctoral students, members of the medical
profession and renowned bioethics professors. There were also
international delegates from Belgium, Ireland, the Netherlands
and the USA.
Emma and Alex commented: ‘We were thrilled to organise
the conference this year. We can report that the PGR bioethics
community is alive and vibrant!’
In addition to a range of high-quality papers produced by
the postgraduate researchers in attendance, a number of
excellent keynotes were delivered by experts in the field of
bioethics, including Professor Bobbie Farsides, Professor John
Harris and Professor John Bryant. Two insightful workshops
were run – one led by Professor Jonathan Montgomery on
‘Bioethics in practice’, while the second focused on ‘Publishing
in bioethics’ and featured a panel made up of journal editors,
Professor Ruth Chadwick, Dr Sara Fovargue and Professor
David Hughes, chaired by Professor John Coggon. The
conference organisers were delighted that both Paul Woodgate
from the Wellcome Trust and Phil Greenwood from the Institute
of Medical Ethics were able to attend and grateful for Paul’s
dedicated session on Wellcome Trust funding avenues.
We would like to acknowledge the generous financial
support of the Wellcome Trust, the Society of Applied
Philosophy, the Analysis Trust and the Southampton Ethics
Centre. Emma and Alex would also like to extend their gratitude
to the members of the Health Ethics and Law Centre,
Southampton Law School, and the director of postgraduate
research, John Coggon, for their academic support.
For further information about the ‘Postgraduate bioethics
conference’, see the conference website:
wwww.postgradbioethics.com.
55*7<<2601*5*6-4.@*6-.:1:A;*6<17=
('?8;>CDA64=2H6A0=CB<4270=8B<
The ESRC has launched a pilot scheme to enable a fast response
to urgent or unforeseen events (or the consequences from such
an event) and a unique opportunity to undertake research of
high scientific importance in response to the event. Proposed
research will focus solely on urgent data collection and essential
initial analysis. In terms of the event, the emphasis is on the
unexpected and unusual nature of the occurrence.
Submission of an urgent research grant proposal is only
permitted if relying on other funding opportunities would
clearly result in a missed opportunity to undertake economic or
social research of high scientific importance or work of
economic and societal impact that meets ESRC priorities.
This mechanism is intended to provide: an opportunity for
researchers to put forward proposals to undertake economic
and social science research to respond rapidly to rare and
unforeseen events (no later than four weeks from the first
occurrence of the scientific opportunity); an opportunity for
researchers to put forward grant proposals to respond quickly
to such events when availability of, or access to, data or facilities
is required; and grants for up to 24 months’ work, to a
maximum amount of £200,000.
See website for details wwww.esrc.ac.uk/funding-and-
guidance/funding-opportunities/27006/urgency-grants-
mechanism.aspx.
"24.6,. *6- 76/.;;276; #1. ;=;8.,
.>2-.6,.
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Silence and Confessions examines the treatment of suspects in
interrogation and explores issues surrounding the right to silence
and confession evidence. Employing a socio-legal approach, it
draws from empirical research in the social sciences including
social psychology to understand the challenges in obtaining
reliable evidence and maintaining the integrity of the
interrogation process. Providing insights into the process of
interrogation and the experiences of the suspect during interview,
this book highlights the dangers facing vulnerable suspects and
the problems of identifying and preventing false confessions.
57<276; :25. *6- =;<2,.
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!>034A40C74A(CA0=643B0ACL??
This volume brings together leading criminologists and
sociologists from across the world in a much needed
conversation about how to recalibrate reason and emotion in
crime and justice today. The contributions range from the micro-
analysis of emotions in violent encounters to the paradoxes and
tensions that arise from the emotionalisation of criminal justice
in the public sphere. The result is a set of original essays which
offer a fresh and timely perspective on problems of crime and
justice in contemporary liberal democracies.
*?"7,2. *6-755=62 "7,274.0*4.;;*A;26 1767=:
7/ !70.: 7<<:.44>
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This collection, written by leading theorists and researchers
from around the world, offers original, perceptive and critical
contributions to ideas and theories that have been expounded
by R oger Cotterrell over a long and distinguished career.
Engaging with many classic issues and theories of the sociology
of law, the contributions tackle some of the most significant
challenges that modern law faces. The book is organised in three
parts: socio-legal themes; methodological and jurisprudential
themes; and globalisation, cultural and comparative law themes.
Starting with a chapter that re-engages with the need to
interpret legal ideas sociologically and ending with one that
explores the global significance of modern fascination with the
idea of the rule of law, this selection offers important additions
to the oeuvre of Roger Cotterrell (a list of whose academic
writings is included in the book).
#1. =<=:.; 7/ .0*4 -=,*<276 *6- <1. .0*4 :7/.;;276
8;0AH (><<4A;03 (>=80 0AA8B(7>AC (C4E4= +0D670=
0=3'8270A3.>D=643B
We are currently witnessing an unprecedented transformation
in the legal profession and legal education. The Legal Services
Act 2007 and the Legal Aid, Sentencing and Punishment of
Offenders Act 2012 have both enabled and necessitated
dramatic structural changes to the profession, as well as
impacting on its ethos and ethicality. The recent Legal Education
and Training Review (LETR) promises similarly dramatic
change to the provision of legal education, reflecting the shifting
landscape of both the legal professional market and higher
education in general. These transformative changes bring both
exciting opportunities and challenges with which everyone
involved in the law – from university lecturers, to senior
partners in leading law firms, to the judiciary – must grapple.
This edited collection comprises a selection of papers presented
at the second conference of Birmingham Law School’s Centre for
Professional Legal Education and Research. The aim of the
conference, and thus this collection, was to bring together
leading academic scholars, senior figures from professional
practice, policymakers and representatives of the regulatory
authorities to reflect on the key issues arising from this
transformative moment. As such, this volume of essays covers
diverse ground, from curriculum development to professional
theory, enriched and enhanced by the range of backgrounds and
perspectives of its contributors.
publications
11
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A human right to housing represents the law’s most direct and
overt protection of housing and home. Unlike other human
rights, through which the home incidentally receives protection
and attention, the right to housing raises housing itself to the
position of primary importance. However, the meaning,
content, scope and even existence of a right to housing raise
vexed questions. This book represents a major contribution to
the scholarship on an under-studied and ill-defined right. In
terms of content, it provides a much needed exploration of the
right to housing.
:7,.;; *6- :7,.-=:. 26 $ -5262;<:>
0A>;
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This book is about the administrative procedures of the EU, the
‘super glue’ holding in place the sprawling structures of the EU
governance system. Chapters deal with the structures
expansively defined, the diverse functions of administrative
procedures and the values that underpin them. Also covered is
the important procedural function of rights protection through
the two community courts and the contribution of the European
ombudsman; ‘horizontal’ procedures, dealing with executive
law-making, transparency and the regulation of government
contracting; commission enforcement; and ‘vertical’ or sector-
specific studies in significant areas of administration. Separate
chapters deal with Europol and the interplay of international
and EU institutions in environmental procedure and human
rights. The final chapter contains the authors’ reflections on
proposals for codification and a general evaluation of the role of
administrative procedure in the construction of the EU.
:.*
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In three parts, this book serves as an introduction to the subject
and goes on to cover some of the more advanced concepts. In
part one, the sources and nature of equity are discussed,
including the nature of trusts law and the unjust enrichment
insurgency. Part two covers doctrinal issues within trusts law –
certainties, the beneficiary principle and international trusts
law, trusteeship and resulting trusts. Finally, the author reviews
the overarching themes. The volume is illuminated throughout
with discussion of the specific issues which reveal the practical
significance of different theoretical positions.
*6-5*:3 *;.; 26 9=2
70A;4B "8C274;; 0=3 %0D;
"8C274;;43B0ACL? ?
The range, breadth and social importance of equitable
principles, as these affect commercial, domestic and even
political matters, are well known. Focusing on the historical
development of these principles, this collection helps us to
understand them more clearly and also provides insights into
the processes of legal change through judicial innovation.
6<6>
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This book examines and discusses the international legal
framework and issues relating to children. Analysing both public
and private international legal aspects, this cross-disciplinary
text promotes an understanding of the ongoing development of
child law, children’s rights and the protection of the child.
Examining the theoretical background to the law and providing
a concise and clear overview of the instruments and institutions
that protect children internationally, this text then focuses on key
themes and issues in child law and children’s rights. This new
edition has been updated and revised throughout, including
expanded material on the UN Convention on the Rights of the
Child, as well as discussion of recent landmark developments on
the law relating to recruiting child soldiers as a result of Lubanga
(2012). The third edition also includes a new case study feature
that critically considers key themes and issues in international
child law in a real world context.
*<1.*? 84*266042;10=2-. =6DB#DAB4
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This is a summary of the law relating to cats, primarily the
Animal Welfare Act 2006 and its introduction of a positive
obligation to promote and observe animal welfare in companion
animals. The guide also summarises the law on the keeping and
care of a cat, issues relating to the sale or theft of cats and
damage either caused by or caused to a cat. There is also a
section answering some of the most frequent questions people
ask about the legal status of cats covering most of what cat
owners, breeders and rehoming institutes need to know. The
guide is downlaodable at wwww.thecatgroup.org.uk.
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This book brings together feminist academics and lawyers to
present an impressive collection of alternative judgments in a
series of Australian legal cases. By re-imagining original legal
decisions through a feminist lens, the collection explores the
possibilities, limits and implications of feminist approaches to
legal decision-making. Each case is accompanied by a brief
commentary that places it in legal and historical context and
explains what the feminist rewriting does differently to the
original case. The cases not only cover topics of long-standing
interest to feminist scholars – such as family law, sexual offences
and discrimination law – but also areas which have had less
attention, including indigenous sovereignty, constitutional law,
immigration, taxation and environmental law.
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What is the company and is company law important? Are
shareholders the company’s owners? Can human rights shape
the multinational company? This is an engaging introduction to
some of the more advanced concepts in company law and
corporate governance, providing a cutting edge for students
who are looking to gain additional insights with which to excel.
Readers are introduced to the many debates surrounding each
core area and presented with the key tensions and questions
underlying each topic.
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In Scandinavian countries, immigration is a sensitive issue and
legislators’ approach to it has varied over the years. Whatever
policies are adopted in a democratic society, it is clear that the
legislation and the authorities have to ensure that the individual
rights of immigrants residing in its territory are respected. With
Canada as a point of reference, this book draws attention to
weaknesses in the regulation and implementation of integration
provisions threatening immigrants’ individual rights in EU
member states Denmark, Finland and Sweden. The study
challenges readers to critically review the meaning of rights and
the notion of global caring. It takes a critical look at how
vulnerable immigrants fare in a largely immigrant nation with a
welfare capitalism legacy when compared to three European
nations which claim to embrace institutional welfare models.
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The Law Teacher, the journal of the Association of Law Teachers,
is looking to refresh its database of reviewers. Potential new
reviewers are invited to send no more than 200 words indicating
their appropriate experience and areas of specialism within legal
education. Submissions should be sent to the general editor,
Chris Ashford echris.ashford@northumbria.ac.uk.
The editors of the Journal on the Use of Force and International
Law invite submissions for volume 2(1). Deadline: 30 January
2015. See wwww.hartjournals.co.uk/jufil for details.
events
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seminar. Contact ea.joyce@lboro.ac.uk.
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for details wwww.ccls.qmul.ac.uk/events/131826.html.
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Theme: ‘Good data – good governance? Public policy and good data’.
See website for details wwww.radstats.org.uk.
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late 2014. wwww.clea-web.com/events-conferences/glasgow-2015
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Six café-style evening presentations and follow-up discussions.
Organised by the Law School, University of Portsmouth. See website
wwww.port.ac.uk/school-of-law/school-events/cafe-jurist.html.
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for details wwww.law.qmul.ac.uk/events/items/141011.html.
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Neil Feinson, Pierre Veron. Organised by the QMUL Centre for
Commercial Law Studies. See website for details
w www.ccls.qmul.ac.uk/events/136817.html.
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in early 2015. Contact esamantha.currie@liverpool.ac.uk or
ethomas.horsley@liverpool.ac.uk.
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willem witteveen
13
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Roger Cotterrell pays tribute to his friend and colleague
Willem Witteveen, a professor in the law faculty at
Tilburg University and member of the upper house of the
Dutch legislature, who died recently in tragic
circumstances.
In July the news of the shooting down of a Malaysian passenger
airliner over Ukraine with the loss of all 298 people on board
sent shock waves around the world. Like many people in Britain
I woke to hear the news the following morning. It seemed yet
another tragic event in relation to which one could only be a
helpless bystander, deeply sympathetic about the plight of those
who died and those left behind, but also inevitably an outsider,
not really able to be a party to all the private grief or intrude on
it. Then, later that morning, an email came from a Dutch
colleague with the news that among the 196 Dutch passengers
who died was our mutual friend and colleague Willem
Witteveen, together with his wife and daughter. Suddenly the
grief became very personal; I was no longer just a bystander.
Willem’s death was picked out specifically in news coverage
because he was a national figure in the Netherlands. He was a
senator, a member of the First Chamber of the Dutch Parliament
(broadly similar to the House of Lords in its main functions). He
had been re-elected in 2013 having served previously as a
legislator for eight years to 2007 and was spokesperson on
justice and security for the centre-left Labour Party group in the
First Chamber. He led a very active life as a practical politician.
But he did this at the same time as holding a chair of legal theory
at Tilburg University, living a no less full academic life as a
dedicated teacher and a profound and prolific scholar. His
publications list runs to more than 260 items. Just before his
death he completed the manuscript of a book (in Dutch) on ‘law
as work of art’, subtitled ‘A different philosophy of law’ and
concerned with ‘how philosophers engage our legislators in
dialogue’. It confronts contemporary legislative problems with
the wisdom of classical political philosophers.
In a way, that kind of project sums up a main reason why his
scholarly work is full of socio-legal interest. Witteveen’s legal
philosophy was engaged with real world issues, and especially
moral issues arising in the practical business of regulating
society. He cared deeply about the rule of law, justice and
socially responsive regulation. He had an enduring theoretical
as well as practical concern with the nature and functions of
legislation and he wrote interesting essays on the ways in which
legislation might act as a tool of communication. He was
fascinated by its expressive (and symbolic) as well as
instrumental capabilities and I remember hearing his passionate
defence of this kind of role for law-making in the face of
sceptical arguments from positivist Dutch legal sociologists.
Witteveen believed that, however difficult the task might be,
legislation had to engage and resonate with popular moral
attitudes and, in that way, help to build a more civilised,
morally cohesive society. It was not enough to see law as a mere
technology in which fundamental moral problems became
invisible, marginalised, or dismissed as concerns only of the
intellectually naïve.
These passionate commitments made his outlook very
different from that of some positivist contemporary legal
philosophers. He was fundamentally a theoretically
committed jurist concerned with the well-being of law and the
legal system and its contribution to the common good. He
pioneered the current reassessment of Lon Fuller’s work
(Rediscovering Fuller, co-edited with Wibren van der Burg,
1999, Amsterdam University Press) emphasising its relevance
for lawyers’ and regulators’ practical tasks. Recently, he
focused on the responsibility of jurisprudence to help preserve
important legal values in the face of globalisation. In many
respects his English-language writings exemplify ways in
which a socio-legally oriented jurist should work. Much of his
writing, however, is in Dutch and friends have told me that his
literary style in that language is outstandingly elegant and
beautifully expressive.
He was born in Rotterdam in 1952, the son of an economist
later prominent in government and the International Monetary
Fund, and he studied and worked at Leiden University law
faculty before being appointed to his chair in Tilburg in 1990.
Like his father he adhered to the Universal Sufi religion.
Sharing many fundamental academic interests, he and I
enjoyed spending time together and I had many delightful
conversations with him. He was deeply sensitive and
thoughtful, warm in his manner; a person with real depth of
personality and humanity. Shortly before his death he
contributed a chapter to a Festschrift produced for me and he
was planning to come to London for the launch of the book. I
was delighted that I would see him again on that occasion. At
the time of writing this, it is almost impossible for me to accept
that he will not be there. His son and his father survive him.
Social and Legal Studies 23(4)
Special Issue: New Bearings in the Sociology of Law
Guest Editor: Christopher Thornhill, University of
Manchester
Introduction: new bearings in the sociology of law –
Christopher Thornhill and Emilios Christodoulidis
Legal revolutions and the sociology of law – Christopher
Thornhill
World state: Brunkhorst’s ‘cosmopolitan state’ and
varieties of differentiation – Mathias Albert
Hauke Brunkhorst, critical theory of legal revolutions:
some comments on theory construction – Jürgen
Habermas
Hauke Brunkhorst: reflections on the idea of normative
progress – Robert Fine
The cunning of law: remarks on Brunkhorst’s critical
theory of legal revolutions – Cristina Lafont
Reply to critics – Hauke Brunkhorst
streams, themes and posters
))
14
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The call for papers is now open Abstracts are invited for the
streams and themes listed below. Poster ideas are also
welcomed. Abstracts should be submitted via the submission
system ‘EasyChair’ https://easychair.org/conferences/
?conf=slsa2015. Instructions about how to submit to EasyChair
and further details of the calls within each stream and theme are
available on the conference website wwww.warwick.ac.uk/slsa.
The deadline for submission is Monday 19 January 2015. If you
have any questions about the suitability of your paper, please
contact the relevant convenor using the details below.
(CA40=E4=>AB
Access to environmental justice
Susan Wolf e susan.wolf@northumbria.ac.uk
Sammy Adelman es.adelman@warwick.ac.uk
Administrative justice
Richard Kirkham er.m.kirkham@sheffield.ac.uk
Art, culture and heritage
Janet Ulph ejanet.ulph@le.ac.uk
Charlotte Woodhead ec.c.woodhead@warwick.ac.uk
Banking and finance
Clare Chambers-Jones eclare15.jones@uwe.ac.uk
Mary Young emary.young@uwe.ac.uk
Challenging ownership: meanings, space and identity
Penny English epenny.english@anglia.ac.uk
Francis King e
fking@essex.ac.uk
Sarah Blandy es.blandy@sheffield.ac.uk
Children’s rights
Helen Stalford estalford@liverpool.ac.uk
Nuno Ferreira enuno.ferreira@liverpool.ac.uk
Civil procedure and alternatives to litigation, ADR
Masood Ahmed emasood.ahmed@le.ac.uk
Criminal law and criminal justice
Vanessa Bettinson evbettinson@dmu.ac.uk
Ben Livings eblivings@une.edu.au
EU law
Ian Kilbey eikilbey@dmu.ac.uk
Kathryn Wright ekathryn.wright@york.ac.uk
Family law and policy
Anne Barlow ea.e.barlow@exeter.ac.uk
Annika Newnham ea.newnham@reading.ac.uk
Gender, sexuality and law
Chris Ashford echris.ashford@northumbria.ac.uk
Alex Dymock edymocka@edgehill.ac.uk
Indigenous rights and minority rights
Sarah Sargent esarah.sargent@buckingham.ac.uk
Information technology law and cyberspace
Brian Simpson ebrian.simpson@une.edu.au
Mark O’Brien emark.obrien@brookes.ac.uk
Intellectual property
Jasem Tarawneh ejasem.tarawneh@manchester.ac.uk
International criminal justice: theory, policy and practice
Anna Marie Brennan ebrennan@liverpool.ac.uk
Intersectionality
Charlotte Skeet ec.h.skeet@sussex.ac.uk
Labour law
Michael Jefferson em.jefferson@sheffield.ac.uk
Sam Middlemiss es.middlemiss@rgu.ac.uk
Law and literature
Julia Shaw ejshaw@dmu.ac.uk
Lawyers and legal professions
Andy Boon eandy.boon.1@city.ac.uk
Legal education
Tony Bradney ea.bradney@keele.ac.uk
Fiona Cownie ef.cownie@keele.ac.uk
Medical law and ethics
Glenys Williams egnw@aber.ac.uk
Mental health and mental capacity law
Peter Bartlett epeter.bartlett@nottingham.ac.uk
Race, religion and human rights
Fernne Brennan ejoash@essex.ac.uk
Renewable energy and sustainable development
Jona Razzaque ejona.razzaque@uwe.ac.uk
Research methodologies and methods
Antonia Layard eantonia.layard@bristol.ac.uk
Jonathan Sims ejonathan.sims@bl.uk
Sentencing and punishment
Gavin Dingwall egdingwall@dmu.ac.uk
Sports law
Simon Boyes esimon.boyes@ntu.ac.uk
John O’Leary ejohn.oleary@anglia.ac.uk
Ben Livings eblivings@une.edu.au
Systems theory thinking, law and society
Tom Webb et.webb@lancaster.ac.uk
)74<4B0=32>=E4=>AB
Culture clash, peace and world order
Nwudego Nkemakonam Chinwuba euchinwuba@unilag.edu.ng
Exploring legal borderlands: empirical and interdisciplinary
approaches
Naomi Creutzfeldt enaomi.creutzfeldt@wolfson.ox.ac.uk
Petra Mahy epetra.mahy@csls.ox.ac.uk
International economic law: governing markets in context
Celine Tan, Guiliano Castellano and Fiona Smith
eglobe@warwick.ac.uk
Law and justice in colonies and ‘post’-colonies
Raza Saeed eraza.saeed@warwick.ac.uk
Law, cultural heritage and disability: mutual reinforcement or
ambivalence?
Abbe Brown eabbe.brown@abdn.ac.uk
Law enforcement, regulation and the use, abuse and control of
information
Richard Hyde erichard.hyde@nottingham.ac.uk
Ashley Savage eashley.savage@northumbria.ac.uk
Law, politics and ideology
Andrew Gilbert eAndrew.Gilbert@anglia.ac.uk
Graham Gee eg.d.s.gee@bham.ac.uk
Private international law
Emma Roberts eemma.roberts@bangor.ac.uk
Refugee and asylum law: theory, policy and practice
Dallal Stevens ed.e.stevens@warwick.ac.uk
Registering registration
Julie McCandless ej.c.mccandless@lse.ac.uk
Ed Kirton-Darling eek263@kent.ac.uk
Renewing critique in criminal justice
Henrique Carvalho ehenrique.carvalho.1@city.ac.uk
Rethinking surrogacy laws
Debra Wilson edebra.wilson@canterbury.ac.nz
Rhonda Powell erhonda.powell@canterbury.ac.nz
Transitions from conflict: the role and agency of lawyers
Anna Bryson ea.bryson@qub.ac.uk
%>BC4AB
Ana Alverti ea.aliverti@warwick.ac.uk
SLSA Annual Conference 2015
School of Law, University of Warwick
March 31—April 2, 2015
Warwick Law School welcomes SLSA members to the 2015 annual conference;
'Socio-legal in culture: the culture of socio-legal'.
The conference will take place in our newly remodelled conference facilities in heart
of the Warwickshire countryside, just 1 hour from London.
For more information please contact the organisers Jonathan Garton and Maebh
Harding (slsa@warwick.ac.uk) or visit our website at www.warwick.ac.uk/slsa.
SLSA Membership Discount
on selected Law & Society Books*
20%
New GlassHouse Books
from Routledge Law
To place your order, please visit www.routledge.com/u/slsawinter14 or call +44 (0) 20 3377 3425, quoting ref. SLSA143
You can save 20% on any of these books until 31st March 2015 by ordering direct
from www.routledge.com/law and using the discount code SLSA143
*Prices shown inclusive of 20% discount. Offer not valid on library and bookshop orders.
Please be aware that shipping charges may apply.
Offer expires 31/03/2015. Please email kizzy.lam@tandf.co.uk for more information.
Don’t forget!
www.routledge.com/u/slsawinter14
Mediating Human Rights
Media, Culture and the Human Rights Act
By Lieve Gies
Drawing on social-legal, cultural and media theory,
this book is one of the first to examine the media
politics of human rights. It examines how the media
construct the story of human rights, investigating
what lies behind the apparent media hostility to
human rights and what has become of the original
ambition to establish a human rights culture.
June 2014 | 180pp
978-0-415-60152-8 | £80.00 £64.00
After Legal Equality
Family, Sex, Kinship
Edited by Robert Leckey
This book pursues an interdisciplinary consideration
of efforts to advance equality, as it explores the
developments, challenges, and consequences that
arise from law reforms aiming to deliver equality in
the areas of sexuality, kinship, and family relations.
July 2014 | 224pp
978-0-415-72161-5 | £85.00 £68.00
Part of the Social Justice series
Democracy and Diversity in
Financial Market Regulation
By Nicholas Dorn
Critically examining the current state of the financial
markets, Nicholas Dorn argues that there is a need
to reduce the ‘connectedness’ of financial systems in
order to prevent and contain any potential future
economic crises.
August 2014 | 182 pp
978-0-415-71217-0| £80.00 £64.00
Law and Society in Latin America
A New Map
Edited by Cesar Rodriguez Garavito
This book offers the first systematic assessment by
leading Latin American legal scholars of the
momentous legal and political transformations in the
region. Areas covered include commercial and
financial regulations promoted by the World Bank
and WTO, and the criminal justice system inspired
the United States.
September 2014 | 294pp
978-0-415-85404-7| £85.00 £68.00
Part of the Law, Development and Globalization series
Knowledge, Technology and Law
Edited by Emilie Cloatre
and Martyn Pickersgill
This book explores the intersection of Science and
Technology and Socio-Legal Studies to consider
how regulation and legal processes, and the making
of knowledge and technologies, are becoming
entangled in increasingly complex ways.
September 2014 | 256 pp
978-0-415-62862-4 | £80.00 £64.00
Part of the Law, Science and Society series
Shades of Grey – Domestic and
Sexual Violence Against Women
Law Reform and Society
By Anna Carline and Patricia Easteal
Arguing that law must be looked at holistically, this
book investigates the ‘hidden gender’ of the
so-called neutral or objective legal principles that
structure the law addressing violence against
women.
September 2014 | 272 pp
978-0-415-62217-2 | £85.00 £68.00
Earth Jurisprudence
Private Property and the Environment
By Peter D. Burdon
Using the theory of earth jurisprudence as a guide,
this book outlines an alternative eco-centric
description of private property as a relationship
between and among members of the Earth
community.
September 2014 | 172 pp
978-0-415-63317-8 | £75.00 £60.00
Part of the Law, Justice and Ecology series
Moral Rhetoric and the
Criminalisation of Squatting
Vulnerable Demons?
Edited by Lorna Fox O’Mahony,
David O’Mahony and Robin Hickey
This collection of critical essays considers the
criminalisation of squatting from a range of different
theoretical, policy and practice perspectives and also
explores the significance of measures to criminalise
squatting for squatters, owners and communities.
November 2014 | 248 pp
978-0-415-74061-6 | £80.00 £64.00
For more information on these books, visit www.routledge.com/u/slsawinter14
GlassHouse
book proposal?
We’re always eager to hear
about your writing plans. Our
commissioning editor, Colin Perrin,
can be contacted by email at
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