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Social & Legal Studies
Journal Prestige (SJR): 0.45  Citation Impact (citeScore): 1 Number of Followers: 16  Hybrid journal (It can contain Open Access articles)ISSN (Print) 0964-6639 - ISSN (Online) 1461-7390 Published by Sage Publications  [1176 journals]
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- Book Review: Composing Violence: The Limits of Exposure and the Making of
Minorities by MOYUKH CHATTERJEE-
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Authors: Chulani Kodikara
Abstract: Social & Legal Studies, Ahead of Print.
Citation: Social & Legal Studies
PubDate: 2023-11-23T05:40:12Z
DOI: 10.1177/09646639231216103
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- Book Review: The Redress of Law: Globalisation, Constitutionalism and
Market Capture by EMILIOS CHRISTODOULIDIS-
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Authors: Illan rua Wall
Abstract: Social & Legal Studies, Ahead of Print.
Citation: Social & Legal Studies
PubDate: 2023-11-23T05:39:46Z
DOI: 10.1177/09646639231215306
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- Exploring the Links Between Racial Exclusion and Human Trafficking of
Migrant Workers in Qatar-
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Authors: Favour Ogbugo Offia
Abstract: Social & Legal Studies, Ahead of Print.
Qatar has become a significant destination for migrant workers looking to escape unemployment in their home countries. However, highly active labour migration pathways create migration industries that exploit the increased supply of labour migrants, leading to trafficking. Human trafficking has been a longstanding concern in Qatar, especially with low-skilled migrant workers in the informal, domestic service and construction sectors. United Nations bodies and non-governamental organisations have criticised Qatar over the treatment of its migrant workforce, especially with concerns about trafficking for labour exploitation and forced labour. In addition to complaints of human trafficking, concerns have been raised concerning perceived racialised drivers of exploitation in Qatar. According to the former United Nations Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, Ms Tendayi Achiume, Qatar battles with issues of structural racial discrimination concerning its migrant workforce. This article examines the links between race and the trafficking of migrant workers in Qatar.
Citation: Social & Legal Studies
PubDate: 2023-11-20T07:47:03Z
DOI: 10.1177/09646639231214725
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- Book Review: Decolonisation and Legal Knowledge: Reflections on Power and
Possibility by FOLUKE ADEBISI-
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Authors: RUSSELL SANDBERG
Abstract: Social & Legal Studies, Ahead of Print.
Citation: Social & Legal Studies
PubDate: 2023-11-14T07:07:26Z
DOI: 10.1177/09646639231214753
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- Book Review: Insecure Guardians: Enforcement, Encounters and Everyday
Policing in Postcolonial Karachi by ZOHA WASEEM-
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Authors: SOBIA AHMAD KAKER
Abstract: Social & Legal Studies, Ahead of Print.
Citation: Social & Legal Studies
PubDate: 2023-11-13T11:20:32Z
DOI: 10.1177/09646639231214248
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- Everyday Healthcare Regulation: British Newspapers and Complementary and
Alternative Medicine-
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Authors: Michael Ashworth
Abstract: Social & Legal Studies, Ahead of Print.
This article interrogates the controversial field of complementary and alternative medicine (CAM), focussing in particular on the implication of the British press in its regulation. It grounds its analysis in a ‘decentred’ understanding of regulation; a socio-legal approach which moves beyond formal regulation and regulators, and instead foregrounds diverse social actors and their attempts to alter behaviour across a given domain. Focussing on The Times newspaper as a case-study, it identifies five regulatory techniques through which the newspaper drew (and redrew) lines separating the safe from the risky, the efficacious from the sham, and the normal from the deviant. By analytically decentring CAM's formal regulation, this article provides a conceptual contribution. It highlights an everyday form of healthcare regulation directed at prospective users which may be just as significant in potentially guiding users towards or away from particular healthcare practices/practitioners as the more traditional, formal kinds of regulation identified in regulatory literatures.
Citation: Social & Legal Studies
PubDate: 2023-11-10T07:16:28Z
DOI: 10.1177/09646639231211234
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- The Revolving Door of Im/Migration: Canadian Refugee Protection and the
Production of Migrant Workers-
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Authors: Azar Masoumi
Abstract: Social & Legal Studies, Ahead of Print.
This paper places the seemingly distinct projects of refugee protection and temporary foreign worker programs alongside one another to reveal their interlinked relationship. I argue that despite its seeming humanitarian exceptionality, refugee protection is deeply implicated in the production of both the category and supply of temporary foreign workers for the Canadian economy. I demonstrate that the defining limitations of refugee law in relation to questions of class and economic deprivation are integral to the conceptualization of the category of the migrant worker. I then engage with statistical data to show that patterns of refugee adjudications in Canada have contributed to maintaining the supply of temporary foreign workers. In particular, I show that Canada has consistently rejected refugee claims from key source countries of migrant workers, namely Jamaica and Mexico. By refusing these claims, Canadian refugee protection has constituted Jamaican and Mexican nationals as inappropriate subjects of permanent protection and, subsequently, primed them for incorporation as temporary foreign workers. In effect, Canadian im/migration has operated like a revolving door: pushing some nationalities out of the permanent protection of refugee status while pulling them into the precarious opening of temporary labour migration.
Citation: Social & Legal Studies
PubDate: 2023-11-03T08:18:44Z
DOI: 10.1177/09646639231210270
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- Legal Change and Legal Mobilisation: What Does Strategic Litigation Mean
for Workers and Trade Unions'-
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Authors: Ruth Dukes, Eleanor Kirk
Abstract: Social & Legal Studies, Ahead of Print.
This article addresses the question of what strategic litigation means for workers and trade unions. Drawing on the existing literature and on a series of semi-structured interviews with union officials, lawyers with experience in representing them and other actors from across the labour movement, it explores how U.K. trade unions and actors within them understand and experience strategic litigation and legal mobilisation, what they seek to achieve, and what has been effective and ineffective for them. Uncovering both differences and commonalities between different unions, it suggests that the decision to devote union resources to – usually very costly – litigation is never taken lightly. Trade union approaches to strategic litigation involve neither a straightforward embrace of it nor an outright scepticism regarding its potential.
Citation: Social & Legal Studies
PubDate: 2023-10-19T07:44:06Z
DOI: 10.1177/09646639231204942
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- Removals of ‘Dangerous’ Mobile EU Citizens: Public Order and Security
as a Police Paradigm-
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Authors: Jukka Könönen
Abstract: Social & Legal Studies, Ahead of Print.
Despite being frequently invoked in everyday police work and immigration enforcement to justify coercive measures, public order and security remains an ambiguous legal concept. For EU citizens, the Citizens’ Rights Directive stipulates public order and security grounds to provide a higher threshold against removals than criminal convictions alone. However, the removal grounds for EU citizens were founded on even less than criminal convictions in analysis of 100 removal orders for mobile Estonian and Romanian citizens in Finland. Ultimately, the removal orders relied on the assumption of future crimes and invoked a conception of ‘dangerous individuals’ with criminal tendencies, even based on single minor offences and administrative penal orders without criminal convictions. Notwithstanding various legal meanings, I argue that the required public order and security grounds for the removal of EU citizens corresponded to police conceptions of mobile populations as a potential source of criminality and a threat to social order.
Citation: Social & Legal Studies
PubDate: 2023-10-16T11:24:27Z
DOI: 10.1177/09646639231207353
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- Unionising Sex Workers and Other Feminists
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Authors: Katie Cruz
Abstract: Social & Legal Studies, Ahead of Print.
A minor movement of strippers and sex workers are unionising as the Sex Workers’ Union (SWU) branch of the Bakers Food & Allied Workers Union. SWU have produced a counter hegemonic perspective on law and society in the process of class struggle. This perspective demystifies the view that strippers and sex workers are free workers and enterprising subjects, or unfree vulnerable victims in need of state protection. SWU's counter hegemonic perspective inverts this common-sense assumption and posits that strippers and sex workers are unfree workers and free sexual subjects. This demystification is evident in SWU's ‘feminist law work’, which demands decommodification and decriminalisation for all sex workers by working within, and against, official law. In conclusion, I argue that there are at least three reasons why other feminists should support SWU by ceasing eradication of sex work via criminalisation and closure campaigns. This would open space for a politics of solidarity between sex workers and other feminists, centred on the conditions within which sex workers’ labour is commodified.
Citation: Social & Legal Studies
PubDate: 2023-10-06T06:34:07Z
DOI: 10.1177/09646639231206695
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- Judicial Production of Racial Injustice in Taiwo v Olaigbe: Decolonising
the Incomplete Story on Race and Contracting-
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Authors: Asta Zokaityte, Will Robinson Mbioh
Abstract: Social & Legal Studies, Ahead of Print.
In Taiwo, one of the most recent landmark cases on racial justice, the Supreme Court rejected race discrimination claims of two domestic migrant workers, ruling that discrimination on the basis of ‘immigration status’ should not be equated to discrimination on the basis of ‘race’. This article presents an argument for decolonising judicial decision-making, using Taiwo as an example to reimagine a much more favourable outcome for victims of racial injustice. This argument is explored through three propositions for decolonial judgment: (a) challenging racial bias in judicial reasoning and legal doctrine; (b) challenging legal frameworks as sites of racial oppression and inequality; and (c) accounting for contextual diversity of experiences of racialisation, avoiding essentialist arguments and categories of racial discrimination. Drawing on these, the article retells the stories in Taiwo to challenge the dominant, traditional race equality paradigm and expose the varied and multi-layered ways in which people are racialised differently across historical and socio-cultural contexts and communities. It also opens the potential for an epistemic shift away from the liberal paradigm of ‘freedom of contract’ and towards the analysis of racial contracting that is co-constituted by multi-layered and context-situated structures of oppression and domination.
Citation: Social & Legal Studies
PubDate: 2023-10-05T05:40:30Z
DOI: 10.1177/09646639231205275
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- Lawyers as Constructive Ideologists of Corporate Capitalism: The Legal
Framing of Software-
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Authors: Sol Picciotto
Abstract: Social & Legal Studies, Ahead of Print.
The study of law as a social process should combine an analysis of structures from a political economy perspective with a sociological focus on the practices of lawyering in mediating social relations and conflicts through the formulation and interpretation of legal texts. This approach is applied here to software, which has become the oxygen of the world economy, powering the digitalisation that has transformed economic activities and social life. The forms this has taken have been moulded by lawyers, battling over intellectual property rights in computer programs, enshrining them in national law and international standards, as well as devising the international tax avoidance strategies that have helped propel the giant digital-tech transnational corporations to global dominance. These contests have taken place through processes of formulation and interpretation of the legal concepts that both reflect and shape social struggles over economic and political power, mediated by law, in contemporary corporate capitalism.
Citation: Social & Legal Studies
PubDate: 2023-09-27T08:35:51Z
DOI: 10.1177/09646639231200420
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- Resilience-building in Adversarial Trials: Witnesses, Special Measures and
the Principle of Orality-
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Authors: Samantha Fairclough
Abstract: Social & Legal Studies, Ahead of Print.
Using Fineman's vulnerability theory, this paper argues that the traditional adversarial approach to examining witnesses in criminal trials – premised on the principle of orality – reduces the resilience of those giving evidence. This is because the adversarial setting often leaves those testifying in a heightened state of stress, reducing the quality and reliability of their evidence as a result. In turn, this traditional approach to securing oral witness testimony in criminal trials loses resilience, in that it becomes more difficult to justify as the general approach. The use of special measures – to adjust the way testimony is given and ameliorate some of the associated stressors – provides resilience to the individual testifying, the robustness of their evidence, and the safety of consequent criminal verdicts. The positive effects special measures yield therefore lend additional resilience to our commitment to the principle of orality and the principles upon which it rests. This article concludes that the State should maximise such resilience-building through more generous special measures provision.
Citation: Social & Legal Studies
PubDate: 2023-09-16T10:08:55Z
DOI: 10.1177/09646639231201913
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- The Politics of Policing Hate: Boundary Work, Social Inequalities, and
Legitimacy-
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Authors: Randi Solhjell, Henning Kaiser Klatran
Abstract: Social & Legal Studies, Ahead of Print.
This article investigates how police officers and prosecutors make sense of and speak about their work with hate crimes. Our analysis rests upon Robert Reiner's widely acknowledged claim that policing is inherently political. We identified three core issues that illustrate the political nature of policing hate crimes. First, the politically contingent boundary work of distinguishing criminal from legal acts. Second, the impact of the enforcement of hate crime laws on the reproduction of social inequalities. Third, the “diversity politics” of gaining legitimacy and trust among minorities, which hate crime legislation is meant to protect. While a strong commitment to policing hate crimes is evident among our interviewees, we ask if the politically invested discourse they present may contribute to an absence of critical reflections regarding the limited effect of law enforcement, as well as a lack of engagement with pressing concerns regarding racialized crime control and racism.
Citation: Social & Legal Studies
PubDate: 2023-09-16T10:07:55Z
DOI: 10.1177/09646639231201912
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- Book Review: Polygamy, Policy and Postcolonialism in English Marriage Law:
A Critical Feminist Analysis by ZAINAB BATUL NAQVI-
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Authors: MAEBH HARDING
Abstract: Social & Legal Studies, Ahead of Print.
Citation: Social & Legal Studies
PubDate: 2023-09-16T10:07:15Z
DOI: 10.1177/09646639231200970
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- Book Review: Immigration Judicial Reviews: An Empirical Study by ROBERT
THOMAS and JOE TOMLINSON-
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Authors: Erfina Fuadatul Khilmi
Abstract: Social & Legal Studies, Ahead of Print.
Citation: Social & Legal Studies
PubDate: 2023-09-14T11:29:28Z
DOI: 10.1177/09646639231201470
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- Book Review: The King’s Peace. Law and Order in the British Empire
by LISA FORD-
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Authors: LINDSAY FARMER
Abstract: Social & Legal Studies, Ahead of Print.
Citation: Social & Legal Studies
PubDate: 2023-09-13T07:15:22Z
DOI: 10.1177/09646639231202613
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- Coercion, Control and Criminal Responsibility: Exploring Professional
Responses to Offending and Suicidality in the Context of Domestically
Abusive Relationships-
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Authors: Vanessa E. Munro, Vanessa Bettinson, Mandy Burton
Abstract: Social & Legal Studies, Ahead of Print.
Significant strides have been made in the law's recognition of harms arising from domestic abuse. In England and Wales, the Serious Crimes Act 2015, and in Scotland, the Domestic Abuse (Scotland) Act 2018, have supported a more holistic understanding of the dynamics of abuse and the means by which coercion and control are deployed to cement and supplant perpetrators’ violence. In this article, we explore what the introduction of these offences means in other situations where questions regarding the impact of abuse upon victims’ agency arise: specifically, where victims commit an offence that might have been compelled by abusive behaviour or take their own lives in contexts that might indicate perpetrators’ liability for suicide. In particular, drawing on interviews with professionals across both jurisdictions, we highlight the precarity of recognition of the effects of coercive control and the need to engage in more complicated discussions about when and why context matters.
Citation: Social & Legal Studies
PubDate: 2023-09-12T07:02:18Z
DOI: 10.1177/09646639231198342
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- Breaking Through the Legal Binary: Media Labelling of Dominic Ongwen as a
Victim–Perpetrator-
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Authors: Izabela Steflja, Jessica Trisko Darden, Amanda Wintersieck
Abstract: Social & Legal Studies, Ahead of Print.
Individuals formerly involved in armed groups are positioned in the victim–perpetrator binary by legal systems and societies. Media participates in this process and influences the relationship between law and society by reproducing or challenging legal and social designations. We assess the relationship between the International Criminal Court's (ICC) prosecution of Dominic Ongwen, a former child soldier in Uganda's Lord's Resistance Army (LRA), and media representations of Ongwen. We conduct a content analysis of 779 Ugandan, African, and international newspapers’ English-language articles published between January 2005 and October 2022. We find that media coverage focuses on Ongwen's adult roles in the group, including as an LRA leader, largely reproducing the ICC's portrayal of the accused. A minority of articles acknowledge a more complex status and increase in frequency once Ongwen's ICC trial is underway. An important faction challenges the ICC's narrative, with non-Africa-based media presenting a more complex depiction of Ongwen.
Citation: Social & Legal Studies
PubDate: 2023-09-11T08:08:28Z
DOI: 10.1177/09646639231195310
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- Book Review: Law and Social Policy in the Global South by ULRIKE DAVYAND
ALBERT H.Y. CHEN-
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Authors: GUSTAM NAWAWI ULWAN
Abstract: Social & Legal Studies, Ahead of Print.
Citation: Social & Legal Studies
PubDate: 2023-09-08T07:02:12Z
DOI: 10.1177/09646639231200964
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- Introduction: Democratic Constitutionalism in a Populist Age
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Authors: Jeremy Webber, Oliver Schmidtke, Eszter Bodnár
Abstract: Social & Legal Studies, Ahead of Print.
This article introduces the special issue on Democratic Constitutionalism in a Populist Age.
Citation: Social & Legal Studies
PubDate: 2023-08-30T07:47:18Z
DOI: 10.1177/09646639231198649
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- Violence, Misrecognition, and Place: Legal Envelopment and Colonial
Governmentality in the Upper Skeena River, British Columbia, 1888-
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Authors: Matthew P. Unger
Abstract: Social & Legal Studies, Ahead of Print.
This paper is concerned with exploring legal atmospheres during colonial expansionism and the early period of confederation of British Columbia. By describing the theatrical and performative aspects of legal colonialism, the archival documents from this time represent interesting, yet oft-overlooked, significances that attention to sensory and affective experiences captures. Examining “affective atmospheres” disclosed in such colonial settings reveals ways that the colonial regime promulgated its influence in non-rational, non-legal manners. As well, drawing out the material conditions of topography shows how the environment acts more than just a backdrop for the staging of legal expansionism, as it acts also as a constitutive force in the development of colonial legal arrangements. At the same time, the colonial regime was forgetful of these same contextual, topographical, and atmospheric origins of law insofar as it promulgated myths of the universality, objectivity, and superiority of English law.
Citation: Social & Legal Studies
PubDate: 2023-08-30T07:46:49Z
DOI: 10.1177/09646639231194450
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- Efficiency Over Accuracy': Exploring Front-Line Practitioners’
Experiences and Opinions on the “Guilty Plea System”-
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Authors: Caitlin Nash, Rachel Dioso-Villa, Louise Porter
Abstract: Social & Legal Studies, Ahead of Print.
While most criminal cases are resolved by a guilty plea, little empirical research has examined guilty plea wrongful convictions. This study explored this issue through semistructured interviews with 27 legal professionals in Queensland, Australia (n = 16 defense lawyers; n = 7 prosecutors; n = 4 magistrates). Driven by a systems and organizational perspective, we conducted a thematic analysis exploring the structural and organizational features that may systematically contribute to erroneous guilty plea convictions. We found an overarching emphasis on efficiency and pressure to quickly resolve cases, coupled with practical constraints impeding legal professionals from ensuring guilty pleas are appropriate and accurate. There was also a general acceptance of false guilty pleas through the justification of “choice,” legitimized by the authoritative precedent set by Meissner v R (1995). The findings indicate the routine nature of erroneous guilty plea convictions and raise important implications regarding the current validity of a guilty plea, as they do not always reflect actual guilt.
Citation: Social & Legal Studies
PubDate: 2023-08-25T04:35:58Z
DOI: 10.1177/09646639231197778
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- Following the Money: Understanding Forum Shopping and the ‘Justice
Marketplace’ in Sierra Leone-
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Authors: Simeon Koroma
Abstract: Social & Legal Studies, Ahead of Print.
Monetary expenses are said to prohibit poor rural litigants from accessing official justice institutions, which are often concentrated in urban centres, thus pushing these litigants towards customary forums. At the same time, the alternative customary courts have been shown to cost more than formal justice institutions such as official magistrates courts. This article examines the economics informing litigants’ choices of judicial forums to contribute to a new analysis beyond state-centred legal pluralism. It argues that how money features in cases at barrays – the unofficial, unrecognised, customary courts in the capital city of Sierra Leone – not only explains why ordinary people engage with (extra)legal processes, but also demonstrates how justice is understood and (re)produced in practice.
Citation: Social & Legal Studies
PubDate: 2023-08-23T05:10:36Z
DOI: 10.1177/09646639231195312
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- Erratum to Gendered and Racialised Epistemological Injustice in
FGM-safeguarding-
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Abstract: Social & Legal Studies, Ahead of Print.
Citation: Social & Legal Studies
PubDate: 2023-08-17T04:16:32Z
DOI: 10.1177/09646639231196669
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- Book Review: Criminal Legalities and Minorities in the Global South:
Rights and Resistance in a Decolonial World by GEORGE B. RADICS AND PABLO
CIOCCHINI-
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Authors: MEREDITH L. WEISS
Abstract: Social & Legal Studies, Ahead of Print.
Citation: Social & Legal Studies
PubDate: 2023-08-14T05:57:08Z
DOI: 10.1177/09646639231194830
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- Gendered and Racialised Epistemological Injustice in FGM-safeguarding
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Authors: Natasha Carver, Christina Pantazis, Saffron Karlsen, Magda Mogilnicka
Abstract: Social & Legal Studies, Ahead of Print.
This paper explores FGM-safeguarding in the UK through a decolonial lens. Based on an analysis of the development of law and policy relating to ‘Female Genital Mutilation’ in the UK alongside data collected in focus groups with people of ethnic Somali heritage living in Bristol, we argue that the current legislation and policies, as well as their delivery, are steeped in colonial Othering. We demonstrate that legislative and policy approaches operate through a gendered and generational binary in which non-White mothers are othered as migrants (regardless of citizenship status) for whom anachronistic culture is deemed determinative, whilst their daughters are claimed as British. In this construction, ‘FGM’ operates as the symbolic marker that designates un/belonging: the uncircumcised girl is rescuable and claimed as ‘one of us’, whilst the circumcised mother is considered a mutilated political subject for whom belonging is foreclosed.
Citation: Social & Legal Studies
PubDate: 2023-07-24T09:04:23Z
DOI: 10.1177/09646639231189813
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- Book Review: The Rise of Mass Advertising: Law, Enchantment, and the
Cultural Boundaries of British Modernity by ANAT ROSENBERG-
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Authors: ALICE KRZANICH
Abstract: Social & Legal Studies, Ahead of Print.
Citation: Social & Legal Studies
PubDate: 2023-07-10T08:00:30Z
DOI: 10.1177/09646639231187102
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- Book Review: Conscientious Objection in Turkey: A Socio-legal Analysis of
the Right to Refuse Military Service by DEMET ASLI ÇALTEKİN-
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Authors: ZEYNEP ARDIÇ
Abstract: Social & Legal Studies, Ahead of Print.
Citation: Social & Legal Studies
PubDate: 2023-07-10T08:00:00Z
DOI: 10.1177/09646639231187091
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- Book Review: The Justice of Humans: Subject, Society and Sexual Violence
in International Criminal Justice by KIRSTEN CAMPBELL-
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Authors: SHANNON FYFE
Abstract: Social & Legal Studies, Ahead of Print.
Citation: Social & Legal Studies
PubDate: 2023-07-10T07:59:30Z
DOI: 10.1177/09646639231187085
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- Book Review: The Informational Logic of Human Rights: Network Imaginaries
in the Cybernetic Age by JOSH BOWSHER-
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Authors: MICKEY KELLER
Abstract: Social & Legal Studies, Ahead of Print.
Citation: Social & Legal Studies
PubDate: 2023-07-10T07:59:00Z
DOI: 10.1177/09646639231187062
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- Documenting the Document: The Forensic Hospital Report and Its Knowledge
Moves-
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Authors: Tyler J King, Joshua DM Shaw, Liam Kennedy
Abstract: Social & Legal Studies, Ahead of Print.
Drawing on case files from a Canadian provincial review board tasked with determining the disposition of persons found ‘not criminally responsible on account of mental disorder’, we explore the role of the forensic hospital report in the production of medico-legal risk knowledges. Through a detailed case study, we show how the report's content and particular material form allow the Board to produce the ‘significantly threatening individual’ – the very thing the Board (and report) are meant to presuppose. We therefore call on scholars to document their documents, and, in the spirit of actor-network theory (ANT), to analytically treat socio-legal objects as active participants in knowledge's creation. By accounting for the ‘knowledge moves’ the hospital report might allow, encourage, or prohibit human actors to make, we hope even ANT sceptics can use these tools to better understand various legal decision-making processes and their effects.
Citation: Social & Legal Studies
PubDate: 2023-07-10T02:46:40Z
DOI: 10.1177/09646639231187093
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- Registering Time in Recognising Torturous Harm: Figuring the Single,
Plural and Historical in Torture's Adjudication-
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Authors: Ergun Cakal
Abstract: Social & Legal Studies, Ahead of Print.
How does time feature and function in juridical understandings of torture, inhuman and degrading treatment' With a view to international human rights adjudication, this article offers a kaleidoscopic reading of temporal logics (registers and reasoning) operating in the contemporary anti-torture cause and jurisprudence. Time, it is found, plays an important albeit at times implicit role in how judges imagine and evidence torturous harms brought before them. This article explicates and singles out time as a factor. It finds that, whilst indeterminacies and ambiguities persist, singular (and spectacular) or plural (and prolonged) harmful acts and impacts operate to serve adjudicators’ reasoning, variably (and intuitively) to find violations or to divert from doing so. Time thus works as a device of inclusion and exclusion.
Citation: Social & Legal Studies
PubDate: 2023-06-09T06:15:13Z
DOI: 10.1177/09646639231180301
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- Book Review: Internet of Things and the Law: Legal Strategies for
Consumer-Centric Smart Technologies by GUIDO NOTO LA DIEGA-
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Authors: BENJAMIN FARRAND
Abstract: Social & Legal Studies, Ahead of Print.
Citation: Social & Legal Studies
PubDate: 2023-06-07T06:30:34Z
DOI: 10.1177/09646639231181122
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- Indigenous Anti/Deportation: Contesting Sovereignty, Citizenship, and
Belonging in Canada and Australia-
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Authors: Karl Gardner
Abstract: Social & Legal Studies, Ahead of Print.
This article focuses on attempts by settler colonial states to deport Indigenous non-citizens. The concept of “Indigenous anti/deportation” is introduced to capture both the inseparability of deportation from its contestation, as well as the unique stakes involved in contesting the imminent deportation of members of Indigenous communities. Comparing cases in Canada and Australia, Indigenous anti/deportation highlights fundamentally divergent claims of sovereignty, the assertion of Indigenous citizenship orders, and a transformation of how belonging is understood in contexts of settler colonial occupation. This article concludes by considering the implications of cases of Indigenous anti/deportation for future struggles for Indigenous sovereignty and for solidarity-building between migrants and Indigenous peoples.
Citation: Social & Legal Studies
PubDate: 2023-05-18T06:05:42Z
DOI: 10.1177/09646639231175977
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- Justice in English-Only
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Authors: Joseph van Buuren
Abstract: Social & Legal Studies, Ahead of Print.
Australia has long sought to portray itself as a proudly multicultural nation that claims to welcome and celebrate cultural and linguistic diversity. This article seeks to illustrate how the law, legal discourse and precedent continue to exclude and symbolically punish language-minoritised people, through reinforcing unofficial ‘English-only’ rules. This is accompanied by efforts to deny or downplay the racialised effects of linguistic marginalisation. ‘Equality’ discourses are especially powerful in this kind of denialism, where particular groups are portrayed as equally disadvantaged by particular language requirements needed to exercise and operationalise certain legal rights. This construct of a ‘shared inequality’ when it comes to language is effective in denying that laws can operate in a racially discriminatory manner. At an interactional level, racialised ‘English-only’ rules are reinforced through the policing and assessing of the language practices of minoritised witnesses and accused people. Speaking the ‘right way’ becomes particularly relevant when courtroom credibility assessments are tied to how a person speaks. In this regards, English monolingualism is constructed as the normative benchmark against which the linguistic and racial ‘Other’ is adjudged. This means that a failure to meet this standard can become a basis for questioning a person's credibility and believability as a witness.
Citation: Social & Legal Studies
PubDate: 2023-05-10T05:42:33Z
DOI: 10.1177/09646639231173669
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- Who is the Addict-Offender' A Historical Ontology
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Authors: Simon Flacks
Abstract: Social & Legal Studies, Ahead of Print.
The relationship between addiction and crime, and the political preoccupation with the addict-offender, has been the source of some academic commentary. However, most of this research assumes that the concept of ‘addiction’ – however determined – is a relatively stable and uniform one, focusing for example on the links between an addict's capacity and their liability for offending prior to sentencing. In this article, a novel approach, rooted in the turn to ontology in social theory, is brought to bear on addiction as a criminal concern. It involves a historical study of reported sentencing decisions in which judges attempt to stabilise the notion of the addict-offender. The findings point to both continuity and change in criminal framings of addiction over time, exposing differences in approaches to alcohol compared with other drugs. They also suggest that the dominance of questions about capacity when it comes to apportioning responsibility to the addict-offender neglects the importance of concerns about character and risk to decision-making practices.
Citation: Social & Legal Studies
PubDate: 2023-05-02T06:58:14Z
DOI: 10.1177/09646639231172612
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- Children's Legal Geographies, and the “Make-Believe” of
Property-
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Authors: Elsa Noterman, Nicholas Blomley
Abstract: Social & Legal Studies, Ahead of Print.
What is a wall to a child' It may be an obstacle course, a balance beam, a “car,” a seat, a home for spiders and ladybugs, a place to play hide and seek, a support to lean on when learning to walk, a perch for cats, a musical instrument to be played with sticks and hands. Rather than just a barrier, the wall can also become an incitement to explore that which lies beyond it. So how does a wall become just a territorial marker—a designation of private property, an imposing boundary line that cuts through space, dividing mine and yours' And what can children's engagement with the boundary, and the legalized attempts to prevent and punish their boundary-crossing, tell us about the social work of private property' In addressing these questions, we aim to take seriously the iterative “why'” of small children when confronted with territorial rules and related violence.
Citation: Social & Legal Studies
PubDate: 2023-05-02T06:56:15Z
DOI: 10.1177/09646639231171674
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- The Work of Acknowledgment: ‘Loud Fence’ as Community-Level Response
to Institutional Child Sexual Abuse Testimony-
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Authors: Dave McDonald
Abstract: Social & Legal Studies, Ahead of Print.
Since the 1980s, the global dimensions of institutional child sexual abuse have become increasingly apparent. In some countries this has had a profound impact locally. In Australia, one such place has been the storied town of Ballarat. Throughout Australia's Royal Commission into Institutional Responses to Child Sexual Abuse, Ballarat became a significant focus of the Inquiry. As local abuse became clearer, colourful ribbons began appearing at sites throughout the town. This article investigates the meaning of such a response, and its role in relation to survivor testimony. Transforming into a movement that persists to this day, the effect is to reconsolidate a community's ‘difficult heritage’ of institutional abuse into a more celebrated story of rebellion and protest. The originality of the article stems from the contribution it makes to understanding community-level responses to institutional abuse, and the role of ritual in the formation of collective memory.
Citation: Social & Legal Studies
PubDate: 2023-04-27T05:23:17Z
DOI: 10.1177/09646639231171679
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- Learning Lessons from the Populist Defeats: From Negative to Positive
Constitutionalism-
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Authors: Anna Śledzińska-Simon
Abstract: Social & Legal Studies, Ahead of Print.
The article explains how populists have exploited the weaknesses of liberal constitutionalism and the public-private divide. It argues that populists have not rejected constitutionalism as a project but a negative version of it. In its place, they incorporated their vision of a government unrestricted by individual rights and entered the private sphere with their doctrines. The lesson from the victories of populism is therefore to move toward positive constitutionalism that ensures the well-being of all. Drawing on the concept of relational autonomy, the article explains what this shift consists of in the areas of reproductive rights and gender-based violence. The conclusions outline a shift in the operation of the basic principles of constitutionalism, focusing on the relational nature of rights understood not only as shields, but also as claims to positive state action.
Citation: Social & Legal Studies
PubDate: 2023-04-17T07:43:05Z
DOI: 10.1177/09646639231167815
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- Legal Struggles: A Social Theory Perspective on Strategic Litigation and
Legal Mobilisation-
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Authors: Sonja Buckel, Maximilian Pichl, Carolina A. Vestena
Abstract: Social & Legal Studies, Ahead of Print.
Social movements, NGOs and other political actors often mobilise the law for social change. Strategic litigation and collective legal mobilisation can be key instruments to face current political challenges like the climate crisis, human rights violations against refugees or the exploitation of workers along global supply chains. Although these struggles are framed by a societal context and have impacts on the political and juridical fields, the literature about legal mobilisation still does not decidedly engage with a social-theory-based perspective on such struggles. By developing the concept of legal struggles, the article proposes a conceptual framework to analyse both the ambivalence and the emancipatory potential of progressive struggles in the juridical field. Critical Theory, Materialist Theory and the Theory of Social Fields by Pierre Bourdieu are combined to investigate the specific form of collective legal struggles carried out in this arena. We examine repertoires and strategies of collective actors as well as the emancipatory potential of these mobilisation strategies. Our conclusions point to the structural distinctions and selectivities which define the juridical field in capitalist societies and also the conditions of possibility of political struggles using the law.
Citation: Social & Legal Studies
PubDate: 2023-03-09T06:31:20Z
DOI: 10.1177/09646639231153783
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- Analysis of the Colombian Constitutional Court's Transformative Approach
to Conflict-Related Sexual Violence-
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Authors: Isabel Inguanzo, Angélica Rodríguez Rodríguez
Abstract: Social & Legal Studies, Ahead of Print.
This paper aims to assess whether the Colombian Constitutional Court has had a transformative approach to transitional justice in relation to conflict-related sexual violence. Building upon previous literature on feminist approaches to transitional justice, we carry out a content analysis of all 37 Autos related to conflict-related sexual violence issued by the Colombian Constitutional Court between 2008 and 2016. In doing so, we delve into how the high court identifies perpetrators and survivors of sexual violence, the causes that lead to sexual violence during conflict and displacement, and the measures they propose to eradicate this crime. Overall, while we find that critical decisions are transformative in most of the analysed dimensions, there remains some room for improvement.
Citation: Social & Legal Studies
PubDate: 2023-03-01T07:04:55Z
DOI: 10.1177/09646639231159048
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- Understanding Populism
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Authors: Jeremy Webber
Abstract: Social & Legal Studies, Ahead of Print.
The diversity of features attributed to populism - and, as a result, the variety of critiques leveled at it - are remarkable. It sometimes seems as though people are using the same terms to address very different phenomena. Is there any distinctive meaning to populism' Is populism inherently anti-democratic or, on the contrary, is it the epitome of democratic practice' What should an engagement with populist movements mean for the theory and practice of democracy' This paper seeks to map the discursive ecosystem that populism determines. It canvasses the phenomena often associated with populism, proposes an interrelated set of concerns that is distinctive to populism, suggests how populism intersects with propensities and affinities with which it is often associated, emphasises the role of growing economic inequality, and suggests responses to populist movements that are grounded in a truly democratic constitutionalism.
Citation: Social & Legal Studies
PubDate: 2023-02-17T06:28:55Z
DOI: 10.1177/09646639231156144
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- Jurisdictional Relationships: Democracy and the Administrative State
Through the Lens of Caring Society v Canada-
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Authors: Patricia Cochran
Abstract: Social & Legal Studies, Ahead of Print.
This paper draws on theorists of jurisdiction to make visible how democratic self-government and the rule of law take effect in the modern administrative state. Through the lens of Caring Society v Canada, a Canadian human rights case about the funding of social services for Indigenous children, I explore an idea of jurisdictional justice that is inherently connected to the quality of democratic engagement and focuses attention on political, legal and human relationships. I argue that in the face of challenges posed by populist politics and the colonial administrative state, this relational understanding of jurisdiction provides resources for building a sense of legality that can sustain shared public meaning and promote practices of political accountability.
Citation: Social & Legal Studies
PubDate: 2023-02-13T06:32:45Z
DOI: 10.1177/09646639231155606
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- In What Sense Does Right-Wing Populism Pose a Democratic Challenge for the
European Union'-
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Authors: John Erik Fossum
Abstract: Social & Legal Studies, Ahead of Print.
What kind of challenge is right-wing populism for the European Union (EU)' The EU has been frequently criticized by populists and non-populists alike for being a remote technocracy that suffers from serious democratic defects. Democratization relies on popular (and system insider) feedback, to spell out where the shortcomings are, and how these can be rectified. Does populism play this role—is it capable of playing this role—in the EU today' I discuss that under three headings: (1) Is populism a democratizing challenge for the EU' (2) Is populism a democratic challenge for the EU' (3) Is populism an existential threat to the EU' The article finds that populists dismiss the prospects for EU democracy and espouse conceptions of people, community, and values that are out of synch with the EU. Today's populists appear less concerned with abolishing the EU and more bent on altering it to serve their ends.
Citation: Social & Legal Studies
PubDate: 2023-02-08T05:53:23Z
DOI: 10.1177/09646639231153306
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- Re-viewing Video Evidence and Police Violence in the Criminal Courts in
Turkey-
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Authors: Deniz Pınar Konuk
Abstract: Social & Legal Studies, Ahead of Print.
This article offers an analysis of audiovisual evidence claims in the struggle for identifying and documenting police violence in Turkish criminal courts. Focusing on a fatal police shooting in an urban district predominantly populated by leftist groups and marginalized communities, it aims to illustrate the limits of both criminal trials and audiovisual technologies of proof. The “culture of impunity” has been the prevailing framework to describe courts’ denial of the ongoing violence of law enforcement. Instead, this article pays attention to the formation of facts, regulation of sensory perceptions, and affective engagements in the courtroom. Drawing on the ethnographically grounded examination of the hearings and the case file, I argue that criminal trials establish the particular legibility of video evidence and police violence. Furthermore, the breach between the ways of seeing, hearing, and interpreting these media serves to delineate different political communities, challenging the assumed unity over which the law has authority.
Citation: Social & Legal Studies
PubDate: 2023-01-31T08:32:14Z
DOI: 10.1177/09646639231153134
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- Political Constitutionalism and Referendums: The Case of Brexit
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Authors: Richard Bellamy
Abstract: Social & Legal Studies, Ahead of Print.
The UK's political constitution rests on the checking and balancing operations of a representative system in which parliament is sovereign. By contrast, referendums are often considered instances of popular sovereignty. Critics condemn them as populist appeals to a singular will of the people that risk majority tyranny, supporters believe they allow citizens to check and balance the elitism of politicians. Such arguments lay behind the criticism and praise of the Brexit referendum. This article argues that while the criticism is justified when referendums form an alternative to representative democracy, they can usefully supplement such a system provided they are embedded within and constrained by it. So conceived, the Brexit referendum can be regarded as consistent with political constitutionalism. Yet, this conception challenges claims that it represented the sovereign will of the people. The result remained subject to ratification by a sovereign parliament and could be legitimately overturned by that body.
Citation: Social & Legal Studies
PubDate: 2023-01-31T07:25:13Z
DOI: 10.1177/09646639231153129
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- The ‘Will of the People’: The Populist Challenge to Democracy in the
Name of Popular Sovereignty-
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Authors: Oliver Schmidtke
Abstract: Social & Legal Studies, Ahead of Print.
This article analyses how right-wing populist actors claim to represent the “voice of the people” and express “popular sovereignty” as a mode of challenging the traditional constitutional foundation of liberal democracy. This hypothesis is illustrated by an investigation into the political discourse of the Alternative for Germany considering how this populist actor has developed a political strategy claiming to speak for the “people” in an authentic and immediate fashion. The analysis of this actor's political mobilization shows how the championed direct democratic representation is couched in a sovereigntist discourse that relies on divisive identity markers rather than genuine democratic participation. Drawing on Carl Schmitt's concept of the political, the article interprets right-wing populism as invoking a permanent “state of exception” that employs an emotionally charged friend–enemy distinction whose logic of representing the people has the potential of triggering radical political change as well as undermining the integrity of rule-based democracy.
Citation: Social & Legal Studies
PubDate: 2023-01-30T07:33:56Z
DOI: 10.1177/09646639231153124
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- Embedding digital economy: Fictitious triple movement in the European
Union's Artificial Intelligence Act-
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Authors: Joanna Mazur, Renata Włoch
Abstract: Social & Legal Studies, Ahead of Print.
In this article, we show how the European Union styles itself as the sole political actor able to effectively protect its citizens from the threats engendered by new technologies while balancing the relations between digital markets and the member states through ground-breaking regulations. To this end, we trace manifestations of this approach within the proposed Artificial Intelligence Act. We argue that the Act, while evoking the value of fundamental rights protection, does not support genuine emancipation of citizens in the digital world, as it hands over the issue of protection to expert bodies and institutions. The European Union's unique approach to regulation of the digital economy does not reflect the triple movement postulated in Nancy Fraser's critique of Karl Polanyi's double movement as it does not include solutions that would allow the societal actors to enforce their rights concerning artificial intelligence. Thus, the Act serves mostly as a tool to build the European Union's political position.
Citation: Social & Legal Studies
PubDate: 2023-01-27T06:23:32Z
DOI: 10.1177/09646639231152866
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- Governing Through Scalar Elasticity: An Analysis of the Accountability Gap
in Migration Control in the Central Mediterranean-
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Authors: Kiri Olivia Santer
Abstract: Social & Legal Studies, Ahead of Print.
Accountability has become elusive in the context of migration control, especially at the external borders of the EU. In the Central Mediterranean, a regime of cooperative interdiction has developed since 2017 whereby migrants fleeing the North African shores by boat are intercepted and forcibly returned to Libya, without ever entering European jurisdiction. This article scrutinises practices of strategic litigation by Italian lawyers who have sought to destabilise this regime of externalised control, which emerged after the 2017 Libya–Italy Memorandum of Understanding. It outlines the difficulties of litigation seeking to challenge deterrence measures and shows the variety of actions lawyers have had to come up with to address Europe and Italy's role in this system. The analysis of this litigation sheds light on the dynamic shape that both sovereignty and migration control take on in transnational contexts of governance, and how legal scales become blurred across local, national, and international jurisdictions. I argue that accountability for migration control is rendered elusive by the fact that Europe's external maritime border is governed via scalar elasticity. In practice, this is a form of governance that takes place across a multiplicity of legal scales, whilst authoritatively referring to statist scalar visions
Citation: Social & Legal Studies
PubDate: 2023-01-18T07:05:02Z
DOI: 10.1177/09646639221150151
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- Narrating Communist Repression in and Outside the Courtroom: The Case of
Former Prison Commander Alexandru Vișinescu and its Resonance with
(Societally) Available ‘Narrative Worlds’-
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Authors: Kristine Avram
Abstract: Social & Legal Studies, Ahead of Print.
In 2016, Alexandru Vișinescu was sentenced to 20 years in prison for his actions as a prison commander five decades earlier. This article explores the epistemic function of this “landmark case” by contrasting the judicial narrative with the narratives of the participants in the trial, i.e., the civil parties, and spectators, i.e., the university students representing the younger generation. The accounts of the survivors’ families, while showing great similarities with the judicial account, considerably broaden the setting and locus of responsibility and place Vișinescu's story in the larger context of communist repression. University students, by contrast, have very limited knowledge of the adjudicated events, reflecting their de-contextualised understanding of the past. This understanding is an expression of what I call the available narrative world, including publicly accessible narratives and discourses, but also subjective stories from the private sphere. In the Romanian context, characterised by perpetuated silences about the communist past, the narrative world available to university students is restricted and offers little resonance for the judicial narrative, making its integration into existing knowledge structures difficult. Consequently, I argue that the reception and acceptance of judicial narratives varies according to their resonance with societally available narrative worlds.
Citation: Social & Legal Studies
PubDate: 2023-01-09T07:42:58Z
DOI: 10.1177/09646639221144001
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- A Chronotopic Evaluation of Autonomous Rog: The Spatiotemporalities of a
“Quasi-Public” Urban Squat-
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Authors: Jenny Kanellopoulou, Nikos Ntounis
Abstract: Social & Legal Studies, Ahead of Print.
The paper explores an urban squat in Ljubljana, Slovenia, following a chronotopic narrative approach. Urban squats often represent a manifestation of alternative notions of who belongs where, when, and why, questions that matter when issues pertaining to their legal status are raised. We examine the case of Autonomous Rog, a formerly squatted bike factory area in the city centre of Ljubljana that the Supreme Court of Slovenia described as “quasi-public.” The paper welcomes the Slovenian Supreme Court's ability to appreciate the social, spatiotemporal, and material elements that make up this idiotropic type of urban space, moving beyond the confines of human-centred legal analysis. We present the journey of Autonomous Rog through three distinctive chronotopic viewpoints, in order to accentuate the subversive human and material properties that found their way into the Slovenian legal system, as we reflect on the law's ability to embrace spatiotemporal representations in an urban context.
Citation: Social & Legal Studies
PubDate: 2023-01-05T07:04:46Z
DOI: 10.1177/09646639221147650
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