JournalTOCs

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]

Conceptualising Coercion in Child/Forced Marriage Through an
Intersectional lens: Narratives of Survivors and Practitioners in the US
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  Authors: Sundari Anitha; Manjusha Gupte
  Abstract: Social & Legal Studies, Ahead of Print.
  This article examines the nature and the forms of coercion in the forced marriage of minors in the United States. We explore: (i) direct emotional or physical force exercised by parents which is commonly underpinned by dominant constructions of gender and ...
  Citation: Social & Legal Studies
  PubDate: 2025-04-16T08:01:53Z
  DOI: 10.1177/09646639251325493
Book Review: Criminal Law, Feminism and Emotions Thinking through the
Legal Unconscious by LATIKA VASHIST
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  Authors: B. Lavaraju; P. Chandrasekar194347Saveetha Institute of Medical Technical Sciences (SIMATS), India
  Abstract: Social & Legal Studies, Ahead of Print.
  
  Citation: Social & Legal Studies
  PubDate: 2025-04-16T07:36:19Z
  DOI: 10.1177/09646639251331556
Social Control, Housing and the Law
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  Authors: Lieneke Slingenberg; Michel Vols
  Abstract: Social & Legal Studies, Ahead of Print.
  In this special issue on housing and social control, we explore the relationship between these two concepts through a socio-legal perspective. We investigate how law plays a role in shaping and assessing the connection between housing and social control, ...
  Citation: Social & Legal Studies
  PubDate: 2025-04-15T06:18:20Z
  DOI: 10.1177/09646639251329809
Relational Legal Consciousness in the Context of Hate Crime Laws
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  Authors: Sophie Xiaoyi Liu8166The University of British Columbia; Canada
  Abstract: Social & Legal Studies, Ahead of Print.
  This article draws on a qualitative study that examines how Asian-descendant victims of hate activities in Canada perceive, interpret, and engage with hate crime laws and the legal system. My findings show that participants’ understanding of these laws is ...
  Citation: Social & Legal Studies
  PubDate: 2025-04-15T05:49:27Z
  DOI: 10.1177/09646639251333976
Disability Anti-Discrimination Law: A Tool for Compliance or Path Towards
Social Justice'
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  Authors: Marie SépulchreSchool of Social Work; 5193Lund University, Lund, Sweden
  Abstract: Social & Legal Studies, Ahead of Print.
  Drawing on vignette interviews, this article analyses the legal consciousness of disability anti-discrimination law of staff working with disability/accessibility resources in higher education in Sweden and the United States. In both countries, ...
  Citation: Social & Legal Studies
  PubDate: 2025-04-15T05:49:14Z
  DOI: 10.1177/09646639251333130
Access to Justice for Immigrant Women Facing Domestic Violence in Sweden
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  Authors: Fatemeh Hamedanian; Reza Arjmand
  Abstract: Social & Legal Studies, Ahead of Print.
  Victimized immigrant women in Sweden encounter multifaceted barriers when seeking justice for intimate partner violence. Utilizing justice management from below as a methodological approach, this study adapts a two-fold model of challenges these women ...
  Citation: Social & Legal Studies
  PubDate: 2025-04-14T06:16:00Z
  DOI: 10.1177/09646639251330499
‘Sovereign Citizen Gets Roasted’: On the Nomophilia of Sovereign
Citizens and Their Settler-Colonial Critics
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  Authors: Liam Gillespie228563School of Social; Political Sciences, University of Melbourne, Australia
  Abstract: Social & Legal Studies, Ahead of Print.
  Sovereign Citizens have gained mainstream attention by refusing to recognise law. This attention often entails ridicule, as illustrated by viral Sovereign Citizen arrest videos. This article critically examinesbothSovereign Citizen ideology and the ...
  Citation: Social & Legal Studies
  PubDate: 2025-03-29T08:13:11Z
  DOI: 10.1177/09646639251330490
‘Sovereign Citizen Gets Roasted’: On the Nomophilia of Sovereign
Citizens and Their Settler-Colonial Critics
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  Authors: Liam Gillespie228563School of Social; Political Sciences, University of Melbourne, Australia
  Abstract: Social & Legal Studies, Ahead of Print.
  Sovereign Citizens have gained mainstream attention by refusing to recognise law. This attention often entails ridicule, as illustrated by viral Sovereign Citizen arrest videos. This article critically examinesbothSovereign Citizen ideology and the ...
  Citation: Social & Legal Studies
  PubDate: 2025-03-29T08:13:11Z
  DOI: 10.1177/09646639251330490
Book Review: Neoliberalism and Punishment by IGNACIO GONZÁLEZ
SÁNCHEZ
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  Authors: JOSÉ A. BRANDARIZUniversity of A Coruna; Spain
  Abstract: Social & Legal Studies, Ahead of Print.
  
  Citation: Social & Legal Studies
  PubDate: 2025-03-19T02:09:36Z
  DOI: 10.1177/09646639251329565
‘We Could Not Imagine Their Home Could Be Our Home’: Towards a
Feminist Legal Geography of home
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  Authors: Beverley Clough; Henrietta Zeffert
  Abstract: Social & Legal Studies, Ahead of Print.
  In this paper, we introduce a feminist legal geographic approach to home. This is a generative framework for articulating and theorising the relationship between law and home. Integrating feminist socio-legal theory and feminist geography, this ...
  Citation: Social & Legal Studies
  PubDate: 2025-03-14T12:21:44Z
  DOI: 10.1177/09646639251322759
Coerced into Subsistence: Deprivation of Liberty in the EU Reception and
Identification Centres in Greece
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  Authors: C.H. (Lieneke) Slingenberg; Amsterdam, The Netherlands
  Abstract: Social & Legal Studies, Ahead of Print.
  In 2021, new reception centres for asylum seekers were established in Greece. These centres are remotely located, highly surveillanced and asylum seekers living there are subjected to stringent conditions, including a curfew, that obliges them to be in the centre between 8 pm. and 8 am. Such curfews are a traditional method of social control and fit a broader trend of excluding certain categories of people from public space. This article analyses the gap between the lived experiences of asylum seekers staying in these centres and the protection provided by human rights law. It shows how these centres are generally experienced as prisons by its inhabitants, whereas they are not qualified as such in human rights law. The article uses the notion of ‘subsistence exchange contracts’ to bridge this gap. The article argues that if this notion would be used for the legal qualification of deprivation of liberty, state power would be more effectively constrained, which is crucial for the rule of law.
  Citation: Social & Legal Studies
  PubDate: 2025-02-28T08:20:19Z
  DOI: 10.1177/09646639251322979
Tort Law and Feminist Strategy: Lessons from Social Movement and Community
Lawyering
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  Authors: Nikki Godden-Rasul; UK
  Abstract: Social & Legal Studies, Ahead of Print.
  Tort law can be considered antithetical to radical politics for transformative social change. Predicated on incremental reforms and intertwined with a market-based insurance system, tort law commodifies and (re)produces hierarchies of harms along the lines of gender, race, class and other social relations. Nevertheless, feminists have explored whether it can be harnessed to address social and gendered harms while recognising that improving the current system can entrench it and the underpinning structural injustices. As such, the critical question is about knowing how and when it is worth mobilising tort law. Drawing on law and social movement scholarship and abolitionist conceptions of non-reformist reforms, I set out a taxonomy of indirect impacts of law and alternative political goals to legal change. This taxonomy should guide decision-making as to when, in relation to a specific issue at a particular time, it is strategically useful to mobilise tort law for intersectional feminist struggles.
  Citation: Social & Legal Studies
  PubDate: 2025-02-28T08:19:56Z
  DOI: 10.1177/09646639251322752
Book Review: Children’s Rights, ‘Foreign Fighters’,
Counter-Terrorism: Children of Nowhere by RUMYANA VAN ARK, DEVYANI PRABHAT
AND FAITH GORDON
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  Authors: Mark A. Drumbl; Lee University, USA
  Abstract: Social & Legal Studies, Ahead of Print.
  
  Citation: Social & Legal Studies
  PubDate: 2025-02-05T08:22:47Z
  DOI: 10.1177/09646639251318302
Reconsidering the Asylum Lottery: Refugee Determination and the Structure
of Luck
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  Authors: Emma Marshall; United Kingdom of Great Britain Northern Ireland
  Abstract: Social & Legal Studies, Ahead of Print.
  An influential body of legal scholarship suggests that luck plays a role in determining who gets refugee status where legal processes operate as a ‘roulette’ or ‘lottery’. These metaphors act as a powerful way of signalling how systems of justice produce unfair outcomes, but scholarship on refugee law has, to date, paid little attention to date on how luck functions as a concept. Drawing from other disciplinary approaches to conceptualising luck, this article uses empirical research on access to immigration advice in England to develop a more critical approach to luck. The findings demonstrate how experiences of luck within immigration systems are connected to structural inequalities and other factors that are often produced by – and can be addressed through – policy decisions. I argue that, as legal scholars, we need to be cautious about accepting individual narratives of luck at face value, because luck implies a lack of control and can therefore work to obscure these more structural issues. Paying closer attention to how experiences of luck are produced and structured by legal processes can, however, also help to expand the conceptual tools that we use to work towards fairer systems of justice.
  Citation: Social & Legal Studies
  PubDate: 2025-02-03T05:20:17Z
  DOI: 10.1177/09646639241312092
Becoming a Public Survivor of Sexual Violence in Australia
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  Authors: Tully O’Neill, Rachel Loney-Howes, Jessica Oldfield; Rachel Loney-Howes, Jessica Oldfield
  Abstract: Social & Legal Studies, Ahead of Print.
  The past decade has seen significant policy and law reforms relating to gender-based violence in Australia. Notably, there has been an emphasis on rape law reforms and related policy changes driven by the advocacy of survivors of sexual assault and child sexual abuse. Coupled with these reforms has been the emergence of public survivors – individuals who establish prominence in public and political arenas by identifying as survivors of sexual violence. In this article, we examine the political, cultural and legal conditions that have created opportunities for public survivors to emerge in Australia. We argue that public survivors are co-constituted by these conditions, along with a broader politics of speaking out and a politics of listening that constructs a willing audience ready to consume and support survivor narratives and advocacy. These politics are vexed, however, in their reinforcement of long-standing archetypal attitudes and knowledge about sexual violence that feed into who can successfully obtain and maintain the status of a public survivor. In conclusion, we focus on the afterlives of public survivors once their initial advocacy goals have been fulfilled.
  Citation: Social & Legal Studies
  PubDate: 2025-01-03T08:36:07Z
  DOI: 10.1177/09646639241303865
Between ‘I’ and ‘They’: Distributing Authorship for
Evidence-Making: How Asylum Lawyers Construct Credible Accounts Before the
French Court of Asylum Law
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  Authors: Bénédicte Stoufflet; 26659Université libre de Bruxelles (ULB), Bruxelles, Belgium
  Abstract: Social & Legal Studies, Ahead of Print.
  Lawyers who represent asylum seekers in the French Court (CNDA) face the critical issue of ‘credibility’ on a daily basis. Drawing on legal advice meetings and court hearing sequences, I show how they navigate the tension between applicants’ natural storytelling and the legal framework's demand for consistency. I demonstrate that lawyers possess a ‘professional vision’ that enables them to distribute authorship between the applicants and themselves. On the one hand, the applicant is expected to deliver a genuine account in “I”. But they should also attempt not to defeat judges’ background assumptions. To this end, the lawyer familiarizes their client with this practical “know-how” using suggestion rather than explanation. On the other hand, judges suspiciously address self-identification in typical cases. The lawyer speaking in “they” in their defense speech allows them to rearticulate the applicant's personal reasons into a legal category.
  Citation: Social & Legal Studies
  PubDate: 2025-01-03T07:03:28Z
  DOI: 10.1177/09646639241308702
Deconstructing ‘Rough Sex’ in a New Zealand Murder Trial: Beyond the
Modern Mythology of Everyday Kink
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  Authors: Nicola Gavey; Waipapa Taumata Rau University of Auckland, New Zealand
  Abstract: Social & Legal Studies, Ahead of Print.
  I analyse the way ‘rough sex’, including ‘choking’, was normalised during the 2019 trial of Jesse Kempson for the murder of Grace Millane – and portrayed as a modern form of mutual and egalitarian sexual exploration, particularly for young people. While the so-called ‘rough sex defence’ has been widely critiqued for the way it operates in the criminal justice system to minimise violence against women and blame victims for their own murder or assault, I focus here on the wider social implications of such legal arguments. I identify how the trial was infused with a ‘modern mythology of everyday kink’ discourse, which I critically deconstruct through the lens of three women's stories about unwanted or unenjoyed ‘rough sex’. I show that this discourse obscures and enables concerning new patterns of hurtful, exploitative and violent acts against women and girls that are becoming normalised and legitimated in the name of (rough) sex.
  Citation: Social & Legal Studies
  PubDate: 2024-12-27T05:24:35Z
  DOI: 10.1177/09646639241292689
The Communicative Space: Painting the Evidence and Plausibility in Asylum
Court Hearings
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  Authors: Helena Tužinská; Slovakia
  Abstract: Social & Legal Studies, Ahead of Print.
  This article explores the state's control not only at national borders but also at the boundaries of language, culture-specific terms and legal jargon, by scrutinising how court participants are both listened to and interpreted in legal proceedings. Based on participant observation in Slovakian asylum court hearings and pre- and post-trial ethnographic interviews with asylum applicants, attorneys, interpreters and state officials, this study examines: (1) how ‘communicative space’ is established and negotiated in asylum court hearings; (2) how this space relates to the plausibility during evidence-making and (3) how Diego Velázquez's painting Las Meninas offers explanatory power for understanding dynamics in legal settings. By drawing on the work of ethnographers, philosophers, socio-legal and art theorists, this article provides new insights into the role of communicative space in plausibility assessments.
  Citation: Social & Legal Studies
  PubDate: 2024-12-20T08:00:30Z
  DOI: 10.1177/09646639241307604
‘POSTED: No Trespassing’: On the Performativity of Property and Gender
as Intertwined Social Practices of Power
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  Authors: Ariël Decoster; Faculty of Law, Belgium
  Abstract: Social & Legal Studies, Ahead of Print.
  This article aims to reconsider what property is and how it functions to critically scrutinise it as a matter of power. I rely on gender performativity theory to interpret contemporary research on property as a social practice and offer to think about property as equally performed. I suggest that property, just like gender, functions as a script for interpersonal engagement that determines what one can or cannot do and requires social recognition or enforcement as well as repetitive enactment to produce effect, that is, to operationalise a relationship of power. Reconceptualising property as performance also helps to elucidate how property participates in gendering the social world. Having argued that property and gender constitute intertwined practices of social power, I suggest that to perform property is, at least in some instances, to perform gender and vice versa. As a result, I contend that subversive gender practices can be read as subversive property practices and that property law constitutes a promising site for feminist theorising and reform.
  Citation: Social & Legal Studies
  PubDate: 2024-12-19T12:50:44Z
  DOI: 10.1177/09646639241306981
Book Review: The Sociology of Law as The Science of Norms by HÅKAN
HYDÉN
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  Authors: MAX WALTMAN; Sweden
  Abstract: Social & Legal Studies, Ahead of Print.
  
  Citation: Social & Legal Studies
  PubDate: 2024-12-13T06:50:21Z
  DOI: 10.1177/09646639241306066
Living with a Sense of a Right to Hope
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  Authors: Sarah Trotter; London School of Economics Political Science, London, UK
  Abstract: Social & Legal Studies, Ahead of Print.
  This is an essay about the idea of a right to hope. It asks: what might it mean, to construct hope as a right in this way, to live with hope in this way' I come to these questions through law, and in particular through the notion of the ‘right to hope’ articulated by the European Court of Human Rights in recent years. Discussions of this have tended to stay within the legal literature, but in this essay I suggest that an analysis of the construction of the right to hope in European human rights law opens up a distinction that takes us beyond law: a distinction between living with an idea of a right to hope and living with a sense of a right to hope. How might we think about this distinction' How might we think with this distinction' And what might it mean, to live with a sense of a right to hope' The essay examines these questions and reflects on the way of thinking and relating that the very notion of living with a sense of a right to hope implies.
  Citation: Social & Legal Studies
  PubDate: 2024-12-11T08:02:30Z
  DOI: 10.1177/09646639241289887
Within and Beyond Transitional Justice Shadows: Rallying Social Movements,
Re-sculpting Agendas, Re-centring Historical Injustices
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  Authors: Vicky Kapogianni, Benjamin Thorne; Benjamin Thorne6816University of Reading, Reading, UK
  Abstract: Social & Legal Studies, Ahead of Print.
  How do processes of contestation and resistance, emerging from the constellation of actors, impact the transitional justice landscape' This article critically explores the dynamic interplay between transitional justice and social movements within the context of continuing historical colonial injustices. Through this critical lens, it seeks to draw attention to both the potential of social movements to poke and push the conventional boundaries of transitional justice, as these movements are not mere bystanders but rather active agents who constantly ‘court’ with transitional justice via purposeful approaches aiming to reshape its contours and challenge its traditional, rigid edges. This article, therefore, argues that social movements play a pivotal role in re-sculpting the transitional justice landscape by amplifying the voices of the marginalised communities and challenging extant hegemonic narratives. By doing so, courting transitional justice through the social movements’ evolving and disruptive vehicles allows for a re-imagination of a more inclusive and nuanced understanding of justice that resonates with the changing needs and values of those re-voiced protagonists and deeply affected societies.
  Citation: Social & Legal Studies
  PubDate: 2024-11-26T08:32:44Z
  DOI: 10.1177/09646639241293021
‘I Am Woman, Hear Me Roar!’: #March4Justice and the Desire for
Law to Listen
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  Authors: Cassandra Sharp; 8691University of Wollongong, Wollongong, Australia
  Abstract: Social & Legal Studies, Ahead of Print.
  In speaking to a particular moment in time, when women are increasingly frustrated that their stories are not heard by the law, this article analyses comments posted to the hashtag March4Justice, to offer a contextualist account of how women are locating themselves in (and against) the law by means of social media. It suggests that the use of this hashtag contributes to, and is evidence of, an overarching rallying discourse that pleads for law reform. The article showcases an empirical analysis of social media narratives to demonstrate that emotionality, narrativity, and communal identity weave together to represent (and constitute) a critique of law's ability to listen to the needs of women.
  Citation: Social & Legal Studies
  PubDate: 2024-11-11T06:41:01Z
  DOI: 10.1177/09646639241293601
Book Review: Jurisprudence and Socio-Legal Studies: Intersecting Fields by
R COTTERRELL
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  Authors: Ting Xu; UK
  Abstract: Social & Legal Studies, Ahead of Print.
  
  Citation: Social & Legal Studies
  PubDate: 2024-11-04T08:34:55Z
  DOI: 10.1177/09646639241296107
Storytelling and Listening in Transitional Justice Processes: Addressing
the Marginalisation of More-than-Human Worlds
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  Authors: Janine Natalya Clark; 1724University of Birmingham, Birmingham, UK
  Abstract: Social & Legal Studies, Ahead of Print.
  This interdisciplinary article makes three important contributions to discussions about transitional justice and storytelling. First, it problematises the anthropocentric character of transitional justice and the concomitant narrow focus on human-centred stories. It underscores the need for more inclusive and multispecies ways of thinking about storytelling – as a deeply relational process – and what it looks and sounds like in transitional justice contexts. Second, the article focuses not just on storytelling but also on listening, which has received little attention within transitional justice research. It reflects on the significance of soundscape ecology and argues that learning to listen to and with our soundscapes is one way of ensuring that more-than-human worlds, ‘voices’ and experiences do not remain peripheral to transitional justice. Third, the article contributes to a larger decolonising imperative. By conceptualising storytelling and listening as inherently relational practices, it de-centres liberal individualism and gives prominence to Indigenous cosmologies.
  Citation: Social & Legal Studies
  PubDate: 2024-10-30T09:47:08Z
  DOI: 10.1177/09646639241289877
‘Circling the Drain’: The Emotional ‘Dirty’ Work
of Legal Aid Workers
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  Authors: Lara MacLachlan; Social Policy Social Justice, 4591University of Liverpool, Liverpool, UK
  Abstract: Social & Legal Studies, Ahead of Print.
  Emotions have traditionally been seen as out of place in law. They are viewed in opposition to many of law’s central values such as efficiency and rationality. Despite this, legal work often involves brushing up against the messy, complex and emotional realities of people’s lives. Those who do this work must occupy a liminal space between the law’s prescribed rationality and decorum and the emotional lives of their clients. Drawing on 27 interviews from people working with the Legal Aid Board in Ireland, k, this article considers what the social consequences of this might be for the workers. It explores how emotions in this context can be understood as emotional dirt, how legal aid workers are tainted due to their proximity to this dirt and how they engage in practices to deal with the consequences of this. The article highlights how understanding legal aid work as emotionally dirty provides important insights into the role of emotions and stigma in this type of work.
  Citation: Social & Legal Studies
  PubDate: 2024-10-29T11:36:52Z
  DOI: 10.1177/09646639241292458
From European Roots to Settler Soil: Adapting Foucault’s Biopolitics to
Canadian Settler Colonialism
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  Authors: Amy Swiffen; Canada
  Abstract: Social & Legal Studies, Ahead of Print.
  This article examines the applicability of Michel Foucault’s biopolitical theory within the Canadian settler colonial context. Foucault’s concept of biopolitics, which describes the shift from sovereign power to the regulation of life and populations, is grounded in European historical contexts. In contrast, the Canadian settler colonial experience diverges significantly, necessitating a re-examination of biopolitics. The article argues that in Canada, the relationship between sovereignty, population, and territory does not follow the European model described by Foucault. Instead, Crown sovereignty established its control through legal mechanisms that defined ‘Indian’ status, displacing Indigenous territorialities and political structures. By analysing the evolution of ‘Indian’ status within the Indian Act (1985), the article highlights the centrality of law in constructing settler colonial biopolitics. This legal framework was used to manage and assimilate Indigenous populations, reflecting a unique biopolitical strategy aimed at creating a relationship to territory and population. The study contributes to a more specific understanding of biopolitics in settler colonial contexts, emphasizing the distinct role of law in these processes.
  Citation: Social & Legal Studies
  PubDate: 2024-10-21T08:49:34Z
  DOI: 10.1177/09646639241288075
How Does Legal Culture Matter for Climate Mobilities' A Case Study in an
Unplanned Coastal Settlement in Urban Mozambique
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  Authors: Simon Halliday, Eric Hoddy, Jonathan Ensor, Christine Wamsler, Emily Boyd, Amelia Macome; Eric Hoddy, Jonathan Ensor, Christine Wamsler, Emily Boyd, Amelia Macome
  Abstract: Social & Legal Studies, Ahead of Print.
  This article responds to the general neglect of legal culture in the study of climate mobilities. It presents a case study of climate mobilities in an unplanned settlement in Maputo, Mozambique, exploring how legal culture influenced residents’ decision-making processes as they navigated climate-related risks in their daily lives. We demonstrate that legal culture can facilitate climate mobilities. However, we argue that the role of legal culture in enabling climate mobilities is potentially very complex. Our case study uncovered a nuanced ‘ecosystem’ of land laws in Mozambique, comprising two official systems – formal and informal. Despite their contradictory substantive content regarding land rights, these systems functioned symbiotically, allowing residents of unplanned settlements to mitigate the effects of climate risks. This apparent paradox is explained through the analytical lenses of jurisdiction, scale and temporality. We also argue that this ‘ecosystem’ of land laws can only fully be understood within the broader context of Mozambique's political economy, which attracts foreign investment and promotes urban development, often at the expense of those living in unplanned settlements. Future research into the significance of legal culture for climate mobilities must not only be attuned to the plurality of legal orders in play but also consider the scales and temporalities through which they operate. Furthermore, they must also interrogate the interplay between law and broader political, economic and social contexts.
  Citation: Social & Legal Studies
  PubDate: 2024-10-16T09:41:53Z
  DOI: 10.1177/09646639241288822
Problematising the ‘Man Problem’ in the Domestic Abuse Act: Discursive
Co-option and The (In)Visibility of Gender
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  Authors: Sharron FitzGerald, Anna Carline; Anna Carline
  Abstract: Social & Legal Studies, Ahead of Print.
  This article offers a discourse analysis of domestic abuse's ‘Man Problem’ by combining and developing Naffine's, Foucault's and Bacchi's work in a new way. Taking the parliamentary debates around the Domestic Abuse Act 2021 in England and Wales as our focus, we critique how MPs problematise gender to justify a gender-neutral definition of domestic violence and abuse (DVA). We illustrate how MPs reframe DVA's ‘man problem’ not as the problem of men as perpetrators of violence against women. But rather, they represent the law and policy ‘problem’ as men's invisibility as victims of DVA. We develop a new theoretical innovation to advance our critique: discursive co-option, and we uncover two gender paradoxes. We argue that MPs co-opt gender equality discourses to advance masculinist politics and patriarchal logics in ways that have detrimental effects for the less powerful, and which elide the reality of women's experiences of DVA.
  Citation: Social & Legal Studies
  PubDate: 2024-10-15T08:39:54Z
  DOI: 10.1177/09646639241288528
Book Review: Feminism, Violence Against Women, and Law Reform: Decolonial
Lessons From Ecuador by SILVANA TAPIA TAPIA
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  Authors: PREETI PRATISHRUTI DASH; UK
  Abstract: Social & Legal Studies, Ahead of Print.
  
  Citation: Social & Legal Studies
  PubDate: 2024-10-14T10:15:07Z
  DOI: 10.1177/09646639241291149
The Courtroom as Four Landscapes: Reflections on Terrorism Trials Through
Ethnographic Research
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  Authors: Tasniem Anwar, Machteld Aardse; Machteld Aardse
  Abstract: Social & Legal Studies, Ahead of Print.
  In the past decade, Western European countries such as Germany, the Netherlands, the UK and France have seen a sharp increase in terrorism trials. Studying these trials can provide unique insights into which terrorist offences come before the court and what legal challenges arise from this relatively novel practice. To unpack the complexity of terrorism trials, we adopt an empirical approach to terrorism trials. Based on 3 years of extensive ethnography in Dutch courts, the paper makes two contributions to the socio-legal literature. Methodologically, our ethnography connects traditional empirical methods to artistic tools. As such, we further the current debates in socio-legal studies on courtroom ethnography. Empirically, we present critical insights on the interaction between pre-emptive speculative security measures and legal procedures in the prosecution of terrorist activities.
  Citation: Social & Legal Studies
  PubDate: 2024-10-07T08:59:06Z
  DOI: 10.1177/09646639241280363
How to Build a Culture of Human Rights in the Era of Populism: Reflections
From the Human Rights City of York (UK)
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  Authors: Paul Gready; Research Centre for the Social Sciences, UK
  Abstract: Social & Legal Studies, Ahead of Print.
  This article analyses how to build a culture of human rights in the era of populism. The UK, and the York Human Rights City initiative, provide a case study. The article draws on a human rights practice methodology, activist practices and broader social processes and practices, both in York, to analyse the potential of the ‘local’, and in particular cities, to develop a human rights culture. It argues that such a culture needs to go beyond current responses to populism, notably a focus on values and framing (a variant of ‘if only people knew’), to draw on thicker components of culture (history and place, rather than law and institutions). Interviews with artists in York as a proxy for wider public engagement suggest an enduring disconnect with human rights but also that meaning-making, co-creation, not just better communication, is needed to build a culture of human rights.
  Citation: Social & Legal Studies
  PubDate: 2024-10-07T08:53:25Z
  DOI: 10.1177/09646639241287753
Forensic Radiology and the Testimony of Shadows
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  Authors: Marc Trabsky, Averyl Gaylor; Averyl Gaylor2080La Trobe University, Melbourne, Australia
  Abstract: Social & Legal Studies, Ahead of Print.
  This article examines how radiological images became accepted by courts as visual evidence of death in the 20th century. Initially conceived as a speciality of photography, X-rays confounded courts, eliciting a range of judicial responses, from outright refusal to consider the images as any kind of evidence, to mocking them as cheap parlour tricks for an unwitting public, to recognising them as more reliable than the testimony of the expert witness. The article contends that courts moved towards recognising X-rays as proof of death only by both affirming forensic radiology's promise of ‘mechanical objectivity’ while acknowledging its reliance on the fallibility of ‘human subjectivity’. We suggest that this history has broader implications in socio-legal studies for comprehending how the invention of novel optical techniques continues to problematise legal epistemologies of death in the 21st century.
  Citation: Social & Legal Studies
  PubDate: 2024-10-07T08:53:05Z
  DOI: 10.1177/09646639241287009
Digital Colonialism Beyond Surveillance Capitalism' Coloniality of
Knowledge in Nigeria's Emerging Privacy Rights Legislation and Border
Surveillance Practices
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  Authors: Samuel Singler, Olumide Babalola; Olumide Babalola
  Abstract: Social & Legal Studies, Ahead of Print.
  This article examines the impact of privacy rights norms and North–South technological diffusion on the development of Nigeria's emerging legal regime for data governance, and the relationship between this legal regime and the digitalisation of border control in Nigeria. We show that federal data protection regulations and border control technologies in Nigeria are not characterised by the extractive logics of surveillance capitalism, which is the focus of several contemporary critiques of ‘digital colonialism’. Nonetheless, the country's data governance regime and its digital borders have been shaped by Northern-produced norms, practices, and technical tools – interacting with the interests and agency of local actors – through both legislative and technological influences. Critically analysing the co-production of law and digital infrastructures highlights the coloniality of knowledge relating to data protection, privacy rights, and digital mobility control. These cases suggest that digital colonialism can be productively analysed beyond the scope of surveillance capitalism.
  Citation: Social & Legal Studies
  PubDate: 2024-09-28T02:39:12Z
  DOI: 10.1177/09646639241287022
Book Review: Gender, Criminalization, Imprisonment and Human Rights in
Southeast Asia (Emerald Studies in Activist Criminology) by JEFFERSON,
A.M. AND JEFFRIES, S.
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  Authors: RIMPLE MEHTA; Australia
  Abstract: Social & Legal Studies, Ahead of Print.
  
  Citation: Social & Legal Studies
  PubDate: 2024-09-23T03:38:36Z
  DOI: 10.1177/09646639241272981
Listening to Survivors in Sexual Harassment Law Reform
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  Authors: Sarah Ailwood; Wollongong, Australia
  Abstract: Social & Legal Studies, Ahead of Print.
  In Australia, the #MeToo movement triggered a comprehensive inquiry into workplace sexual harassment lead by the Australian Human Rights Commission. This article explores the dynamic relationship between voice and listening in the Commission's National Inquiry into Sexual Harassment in Australian Workplaces and the resulting Respect@Work Report (2020). Drawing on a range of methodologies including thematic coding, citation analysis and discourse analysis, I explore what it means to victim-survivors to have a voice in the National Inquiry, narratives of law and justice that emerge in victim-survivor submissions and how the Commission responds in its role as institutional listener. These methodologies enable analysis of the politics and practices of listening within a law reform process, revealing hierarchies of attention that influence who is heard and how they are heard by the Commission. The Commission's listening practices, and its capacity to listen to victim-survivors with openness, attentiveness, receptivity and responsiveness, are shown to limit its engagement in transformative change to address workplace sexual harassment.
  Citation: Social & Legal Studies
  PubDate: 2024-09-19T08:13:29Z
  DOI: 10.1177/09646639241268680
Book Review: Doing Academic Careers Differently: Portraits of Academic
Life by SARAH ROBINSON, ALEXANDRA BRISTOW AND OLIVIER RATLE
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  Authors: SUSANNA MENIS; Birkbeck London University, London, UK
  Abstract: Social & Legal Studies, Ahead of Print.
  
  Citation: Social & Legal Studies
  PubDate: 2024-09-14T07:25:51Z
  DOI: 10.1177/09646639241280682
The Legal Profession in Battle: Cause Lawyers Versus State-Embedded
Lawyers in Hong Kong's Democratization
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  Authors: Ying-ho Kwong; Hong Kong
  Abstract: Social & Legal Studies, Ahead of Print.
  The existing literature has long recognized that cause lawyers play important roles in fighting for political justice. However, the implications of how the state responds to these lawyers have yet to be comprehensively explored. This article argues that the state in Hong Kong has co-opted “state-embedded lawyers” against cause lawyers for the counter-mobilizing of public opinion. Thus, both cause lawyers and state-embedded lawyers engage in political battles with polarized objectives, either for democratic reform or regime stability. Theoretically, this paper contributes to analyzing the state's response to cause lawyering and its counter-mobilization actions by developing state-embedded lawyers. Empirically, the case of Hong Kong helps enrich the existing literature by exploring the confrontational relations within polarized legal professions. The conclusion shows that such tensions can stimulate further polarization with different business paths between lawyers, consumption patterns among citizens and understanding of the rule of law and responses from mainland China.
  Citation: Social & Legal Studies
  PubDate: 2024-09-14T07:25:32Z
  DOI: 10.1177/09646639241279975
A Precondition for Justice: Political Listening, Feminism and Sexual
Violence
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  Authors: Tanya Serisier; University of London, London, UK
  Abstract: Social & Legal Studies, Ahead of Print.
  Questions of speech, silencing and injustice have long been central to feminist understandings of sexual violence, and to activism around it. Listening, and its relationship to justice, in contrast, remains under-explored by feminist scholars and activists. In this article, I argue for a feminist politics of listening as an essential precondition for justice around sexual violence. I argue that feminist engagements with listening have tended to be limited to questions of belief but that this is inadequate for a just practice of listening. Instead, I call for the development of a feminist listening public that engages in active practices of both attentive listening in for the details and nuances of survivor speech and listening out to unheard and marginalised voices. It is only within the context of collective political labour around listening, I suggest, that we can begin to develop a just politics around sexual violence.
  Citation: Social & Legal Studies
  PubDate: 2024-09-12T08:29:21Z
  DOI: 10.1177/09646639241278567
Book Review: Gender Recognition and the Law: Troubling Transgender
Peoples’ Engagement With Legal Regulation by FLORA RENZ
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  Authors: JIE GUO; China
  Abstract: Social & Legal Studies, Ahead of Print.
  
  Citation: Social & Legal Studies
  PubDate: 2024-09-11T04:18:28Z
  DOI: 10.1177/09646639241279962
On Oil Flow and Coral Enclosure: Climate Changes in the Red Sea
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  Authors: Irus Braverman; 1085The State University of New York, USA
  Abstract: Social & Legal Studies, Ahead of Print.
  Drawing on a handful of in-depth interviews with coral scientists, this essay considers two Red Sea stories, the first about oil flow and the second about coral enclosure. These stories demonstrate the varying, at times contradictory, dimensions of flow, underlining its relational significance and how it can only be understood within a particular spatial and temporal context. While the flow of oil is typically seen as positive for global commerce, when viewing it from a climate justice perspective, the value of flow is flipped on its head, turning chokepoints into the positive nodes in the network. The movement or enclosure of Red Sea corals illustrates how climate emergency terraforms political and economic landscapes and the layered complexities that underscore the attempts to govern environmental degradation. At the end of the day, then, the Red Sea brings to bear the complex relationality of governing more-than-human flow at a time of climate changes.
  Citation: Social & Legal Studies
  PubDate: 2024-08-22T08:07:33Z
  DOI: 10.1177/09646639241268576
Book Review: The Stains of Imprisonment. Moral Communication and Men
Convicted of Sex Offenses by ALICE IEVINS
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  Authors: ANASTASIA CHAMBERLEN; UK
  Abstract: Social & Legal Studies, Ahead of Print.
  
  Citation: Social & Legal Studies
  PubDate: 2024-08-21T07:01:09Z
  DOI: 10.1177/09646639241277685
Kinder Justice: Communicating Legitimacy to Children in Sentencing Courts
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  Authors: Kathryn Hollingsworth; UK
  Abstract: Social & Legal Studies, Ahead of Print.
  This article examines the impact and significance to child defendants in England and Wales of sentence communication. Drawing on a qualitative study with justice-experienced children, I suggest that how sentences are delivered matters deeply to children's perceptions of legitimacy in three ways that coalesce around the concept I call ‘kinder justice’. First, legitimacy is enhanced by approaches that communicate care (invoking kinder as a verb); second, children want recognition of their status as a child (employing kinder as a noun); and third, children value sentencing remarks that reflect their family's (kin's) version of the child's self, not the ‘proper criminal’ they feel portrayed as in court. Together, drawing on Honneth's theory of recognition, I argue these three forms of kinder justice highlight the importance of recognitional justice during the sentencing process.
  Citation: Social & Legal Studies
  PubDate: 2024-08-15T11:23:31Z
  DOI: 10.1177/09646639241268921
Mournful Mothers and Damaged Damsels: Are We Really Listening to Women
During Parliamentary Human Rights Scrutiny'
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  Authors: Sean Mulcahy, Kate Seear; Kate Seear2080La Trobe University – Bundoora Campus, Australia
  Abstract: Social & Legal Studies, Ahead of Print.
  Scrutiny regimes in some Australian parliaments require consideration of human rights impacts of proposed legislation, but routinely ignore gendered impacts of legislation, particularly those relating to alcohol and other drugs. Where women's voices are heard, they are often only listened to according to stereotypes. Drawing on Anne Summers’ work on stereotypes of Australian women, an analysis of reports and hearing transcripts from major parliamentary inquiries into drug law reform, and in-depth interviews with those involved in parliamentary human rights scrutiny, we argue that parliamentary scrutiny regimes perpetuate paternalistic accounts of women to be pitied or punished: the ‘mournful mother’ whose child is affected by alcohol or other drugs and needs to be heard, and the ‘damaged damsel’ who is themselves affected by alcohol or other drugs and needs to be protected. This raises the question: are women listened to during parliamentary scrutiny processes or simply talked about in stereotypical ways'
  Citation: Social & Legal Studies
  PubDate: 2024-08-05T08:20:19Z
  DOI: 10.1177/09646639241268916
Reproducing Timely Subjects: How Abortion Law Calendars Social
Reproduction
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  Authors: Ruth Fletcher; UK
  Abstract: Social & Legal Studies, Ahead of Print.
  Drawing on feminist social reproduction theory and its concern for time spent reproducing the workers of tomorrow, this paper turns to Ireland's new periodic abortion law as a key source of knowledge for social reproduction. I show how law takes different qualitative approaches to measuring reproductive time as it uses a 12 week time limit to distinguish between better and worse reproductive subjects in a context of time poverty. I develop an account of calendaring, with its timelines, punctuations and paces, as a key concept of social reproduction that explains these different legal approaches. Calendars plot reproductive timelines with abstract and concrete moments; they punctuate timelines with different expectations of timeliness, and pace progress with administrative procedures like deadlines and waiting periods. In the process, some become entitled to abortion as timely subjects, others have to make a special case for their exceptional timeliness, and the possibility of being timed out of access threatens all with uneven effects. Periodic abortion law plays a key role in reproducing timely subjects and generating techniques for managing reproductive life cycles in capitalist societies.
  Citation: Social & Legal Studies
  PubDate: 2024-08-02T06:19:04Z
  DOI: 10.1177/09646639241266231
Spatial Governance of the Unhoused: On Social Death in the Contemporary
City
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  Authors: Kajsa Lundberg, Hristijan Popovski, Alison Young; Hristijan Popovski, Alison YoungSchool of Social the Melbourne Centre for Cities, 2281The University of Melbourne, Parkville, Australia
  Abstract: Social & Legal Studies, Ahead of Print.
  In this article, we examine tactics in municipal policy and the criminal law regarding socio-spatial governance of unhoused individuals in city spaces. We explore the intentions and effects of tactics such as sweeps, which remove or destroy unhoused people's possessions, move on orders targeting the mobility and immobility of unhoused people and spatial banning which prohibits the presence of unhoused people in particular locations. We argue here that such tactics respond to houselessness by associating the presence of unhoused individuals with that of waste. Examination of legal and municipal tactics managing the presence of unhoused people in public space shows they are being discursively aligned with waste matter, and their presence in city spaces strictly regulated. Such spatial exclusion strategies result in a kind of social death. The article argues tactics of spatial exclusion should be abandoned by recognising the right of unhoused individuals to be in public places.
  Citation: Social & Legal Studies
  PubDate: 2024-08-02T04:56:54Z
  DOI: 10.1177/09646639241265358
Contemporary Legal Pluralism, the Modern Metropole, and Immigrant
Integration: Negotiating the Law and Legal Institutions in Immigrant
Contexts
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  Authors: Gulseren Kozak-Isik; Paris, France
  Abstract: Social & Legal Studies, Ahead of Print.
  Social actors’ ability to navigate multiple—and at times contradictory—institutions is essential to the well-being of contemporary diverse societies. For immigrants, the process and outcome of this negotiation shape the trajectories of their integration. Through in-depth interviews, participant observations, and the analysis of written and online materials, this paper studies Muslim immigrants’ experiences of, responses to, and negotiations with the coexistence of American and Islamic laws in the U.S. The data show that legal pluralism (LP) in the modern Metropole has given way to new and novel understandings and practices of LP: the “right to the law” and the “cosmopolitization of the legal field.” Also, whether and how Muslim immigrants negotiate American and Islamic laws is deeply rooted in and critically engaged with the prevailing discussions of equality, pluralism, inclusion, and citizenship. The findings of the study demonstrate that the American Muslim community has developed multiple creative responses to the challenges of LP, and these responses are constantly evolving and readapting through redefinition of acceptable practices, reordering of authoritative voices within the community, creative legal interpretations, and hybridization of the coexisting laws. Thus, the idiosyncrasies of LP in the modern Metropole have created simultaneous drives for adjustment and preservation.
  Citation: Social & Legal Studies
  PubDate: 2024-06-18T07:09:49Z
  DOI: 10.1177/09646639241257589
Affects of Objectivity: Decision-Making Practices in the Dutch Asylum
Procedure
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  Authors: Maja Hertoghs; the Netherlands
  Abstract: Social & Legal Studies, Ahead of Print.
  This article explores the pursuit of objectivity in the Dutch asylum procedure, where asymmetrical forms of intimacy and techniques of suspicion are used to gather sensitive information from asylum applicants and evaluate their case files. Firstly, I examine the procedural design and how objectivity is pursued in producing distance, detachment, and the rotation of several Immigration and Naturalization Department (IND) officers in and out of applications. Secondly, I focus on the authority granted to a specific kind of trained IND subjectivity, well-versed in a critical and intuitive reading of the ever-suspected asylum applicant. By analysing the entanglement of objectivity and subjectivity, this study contributes to existing scholarship on the interplay between emotions and legal judgment, as well as to scholarship on borders and bureaucratic practices within contexts of heightened control and securitization. By doing so I challenge the notion of ‘emotion management’ as a means to enhance objectivity, arguing that pursuing objectivity in these state practices is not merely managed affective work; more crucially, it privileges affects of suspicion.
  Citation: Social & Legal Studies
  PubDate: 2024-06-12T06:57:19Z
  DOI: 10.1177/09646639241260727
Abortion Anarchy' The Case for Abortion Decriminalization
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  Authors: Kelly Gordon, Rachael Johnstone; Rachael Johnstone
  Abstract: Social & Legal Studies, Ahead of Print.
  For most of the last 35 years, Canada has stood alone as a global exception to the criminalization of abortion. Following the 1988 Supreme Court decision in R. v. Morgentaler, which deemed the existing federal abortion law unconstitutional, Canada has operated without criminal restrictions on abortion. Despite the distinctive nature of Canada's approach, there is a dearth of scholarly work that has explicitly traced the process through which abortion decriminalization materialized and offered an in-depth examination of its effectiveness. This paper aims to address this gap in two ways. First, it traces the process through which abortion decriminalization emerged in Canada, which resulted from a combination of context-specific circumstances and sociopolitical factors. Second, it argues that while Canada's pathway to abortion decriminalization is distinct and may not be directly transferable to other contexts, there are nonetheless insights to be drawn from the Canadian experience. The promise of abortion decriminalization, as both a governance and advocacy framework, lies in its efficacy, its ability to navigate constraints of the law, and its strategic and symbolic advantages.
  Citation: Social & Legal Studies
  PubDate: 2024-06-06T02:37:16Z
  DOI: 10.1177/09646639241256011
The Punitive State: The Making of Juvenile Delinquents in Portugal
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  Authors: Peter Anton Zoettl; Instituto Universitário de Lisboa (CEI-IUL), Portugal
  Abstract: Social & Legal Studies, Ahead of Print.
  In what appears to be the staging of a Foucauldian drama on crime and punishment, the police, judiciary and penal system in Portugal work, albeit unintentionally, hand in hand in the production of juvenile delinquents. Young sub-citizens from the socioeconomic periphery are penalized as much for their state of marginality as for their deeds, transforming petty crooks into habitual offenders, doomed to spend their youth behind bars. Based on ethnographic fieldwork in criminal courts and prisons in the Lisbon metropolitan area, the article discusses the role of law enforcement, the judiciary and prisons in the forging of criminal identities. It is argued that Portugal's punitive approach to criminal justice, despite its low crime rates, is rooted primarily in the history of its institutions and the criminologies of their agents, preserving class boundaries in a persistently unequal society.
  Citation: Social & Legal Studies
  PubDate: 2024-06-05T08:01:09Z
  DOI: 10.1177/09646639241259637
Book Review: Criminal Justice and The Ideal Defendant in the Making of
Remorse and Responsibility by STEWART FIELD and CYRUS TATA
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  Authors: YUNSEOK CHOI; UK
  Abstract: Social & Legal Studies, Ahead of Print.
  
  Citation: Social & Legal Studies
  PubDate: 2024-06-03T08:47:30Z
  DOI: 10.1177/09646639241259098
‘How Did You Get in There and Make the Law Work'’ Feminist Activism,
Doctors and Abortion Law: The Occupation of an Hospital
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  Authors: Elena Caruso; Canada
  Abstract: Social & Legal Studies, Ahead of Print.
  In this article, I examine the aftermath of Italy's 1978 abortion law (Law 194/1978) and the following feminist occupation of a Rome hospital, revealing a little-known chapter in feminist history. The legislation marked a pivotal moment by partly legalising abortion access, overturning draconian laws from the Fascist era. The focus on the 3-month occupation illuminates how social movements actively shaped, and were shaped by, the implementation of the law. Drawing on overlooked archival materials and original interviews with feminist abortion campaigners, I uncover unique dynamics between feminist activists, medical professionals, and abortion law. I contend that this historical event not only diversifies our understanding of social movements’ roles in legal changes but also highlights the exceptional case of a public hospital serving as a platform for transmitting feminist practices and knowledge to medical professionals. Ultimately, I argue for the crucial role of feminist history in advancing socio–legal scholarship.
  Citation: Social & Legal Studies
  PubDate: 2024-05-22T05:24:11Z
  DOI: 10.1177/09646639241254359
Civil Legal Services and Survivor-Defined Justice: A Qualitative Study
with US Civil Legal Attorneys for Sexual Assault Survivors
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  Authors: Jane E. Palmer, Jacqueline Lee, Emily Michels; Jacqueline Lee, Emily Michels
  Abstract: Social & Legal Studies, Ahead of Print.
  In the United States and elsewhere, civil legal services are an overlooked strategy in the response to sexual assault. Contrary to the criminal legal system, civil legal remedies can offer supports that are specific to survivors’ immediate needs in the aftermath of sexual assault. To learn more about this legal strategy, we explored three areas: 1) civil legal needs of survivors; 2) barriers to seeking civil legal services; and 3) what survivor-defined justice might look like. In-depth interviews were conducted with 24 civil legal attorneys who work with survivors of sexual assault in the US. Results indicate that survivors have a multitude of overlapping legal needs outside of the criminal legal system, especially related to increasing agency, safety, and stability in their lives. Yet, several barriers exist that prevent access to these legal remedies. Despite these barriers, attorneys outlined how survivors’ lives have been positively affected by the services they offer. Attorneys also spoke to what “survivor-defined justice” might look like for their clients in this context. The results support the need to expand our conceptualization of justice beyond what the criminal legal system can offer. Implications for advancing civil remedies as a survivor-centered legal strategy are discussed.
  Citation: Social & Legal Studies
  PubDate: 2024-05-16T07:45:33Z
  DOI: 10.1177/09646639241253094
Vexatious or Vulnerable: Permitted Roles for Litigants in Person in Civil
Courts
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  Authors: Bridgette Toy-Cronin; North Dunedin, Dunedin, New Zealand
  Abstract: Social & Legal Studies, Ahead of Print.
  Litigants in person (LiPs) are increasingly prominent players in the social world of the court. There is a growing literature addressing many questions relating to litigants in person and this article contributes to that literature, exploring the creation and maintenance of the social role of the litigant in person. I argue that the high-status actors and those in the inner circle of the social world of the court – the judiciary, lawyers, and court staff – engage in boundary work, defining the role of the litigant in person. In carrying out this work they shape two roles for the litigant in person: the vulnerable and the vexatious. Simultaneously they maintain the fiction that the ideal litigant in person is one who performs the lawyer's role. This role is neither possible nor desired by the high-status actors; litigants in person must remain differentiated. If court reform to address the challenges presented by litigants in person is to succeed, it must account for these role dynamics.
  Citation: Social & Legal Studies
  PubDate: 2024-05-13T08:09:57Z
  DOI: 10.1177/09646639241248921
Book Review: Matrilineal, Matriarchal, and Matrifocal Islam: The World of
Women-Centric Islam by ABBAS PANAKKAL AND NASR M ARIF
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  Authors: SHIVI MALA GHUMMIAH; Indonesia
  Abstract: Social & Legal Studies, Ahead of Print.
  
  Citation: Social & Legal Studies
  PubDate: 2024-05-10T05:49:37Z
  DOI: 10.1177/09646639241254357
Book Review: Criminal Justice in Austerity – Legal Aid, Prosecution and
the Future of Criminal Legal Practice by JAMES THORNTON
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  Authors: LAURENE SOUBISE; UK
  Abstract: Social & Legal Studies, Ahead of Print.
  
  Citation: Social & Legal Studies
  PubDate: 2024-04-23T07:26:56Z
  DOI: 10.1177/09646639241249082
Housing and Social Control: Reassessing the Protection Asymmetries of
Article 8 of the European Convention on Human Rights
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  Authors: Serde Atalay; 5193Lund University, Lund, Sweden
  Abstract: Social & Legal Studies, Ahead of Print.
  This article explores how the right to respect one's home under Article 8 of the European Convention on Human Rights would apply in the context of housing and social control. After explaining the connections between social control, housing, and human rights, it analyzes the selected case law of the European Court of Human Rights on Article 8 in certain cases concerning housing with a view to understanding the protection asymmetries inherent to the provision, and what that would entail for the employment of social control in the sphere of housing. These protection asymmetries are identified between, first, the homeless/inadequately housed and those with a home, and second, with regard to the latter, between lawful occupiers and unlawful occupiers. The examination is conducted, first, by analyzing the Court's interpretation of the definitional scope of Article 8 and its exclusion, in principle, of the provision of housing therefrom, and second, by looking at the application of Article 8 in public eviction cases.
  Citation: Social & Legal Studies
  PubDate: 2024-02-13T06:53:29Z
  DOI: 10.1177/09646639241232416
Migrant Reception Centres and Coercive Social Control: Rule by Legal
Uncertainty'
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  Authors: Isabella Leroy; The Netherlands
  Abstract: Social & Legal Studies, Ahead of Print.
  Large-scale accommodation for refugees and migrants is often approached from a humanitarian angle, examining the reception conditions on the ground. However, scholars have long shown how such care-providing spaces are also sites of social control. A close examination of the legal framework of an accommodation centre for migrants in Spain, the CETI of Melilla, finds that beyond the content of the law, it is also necessary to examine the nature of the laws framing refugee camps to understand how social control is exerted. While hard law provides a vague legal basis, the reception centre is primarily governed by a patch-work of rapidly evolving soft law emanating primarily from the executive branch. Social control in the form of coercion is facilitated by the law, but not in the form of a strong punitive legal framework, as may be expected. Instead, an effective restriction of the rights of residents is enabled through legal uncertainty.
  Citation: Social & Legal Studies
  PubDate: 2024-02-07T06:58:01Z
  DOI: 10.1177/09646639241228963
Social Control and Homeless Encampments: Shifting the Role of Shelters
Through Judicial Review
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  Authors: Alexandra Flynn; University of British Columbia, Canada
  Abstract: Social & Legal Studies, Ahead of Print.
  In Canadian cities, unaffordable housing and the lack of community supports have led to an increase in the number of encampments in public spaces. Municipal governments argue that short-term shelter spaces are a reasonable response to the ongoing, amplified housing crisis. However, shelters are an example of the many ‘every day’ regulatory approaches used by public officials in related to unhoused people referenced by Johnsen et al., do not provide legal tenure, and are often unsafe for people and their possessions.
  Citation: Social & Legal Studies
  PubDate: 2024-02-02T06:53:57Z
  DOI: 10.1177/09646639241226477
Regulating Public Property: The Account of the Homeless
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  Authors: Sue-Mari Viljoen; South Africa
  Abstract: Social & Legal Studies, Ahead of Print.
  A global socio-economic problem concerns the unlawful occupation of public spaces. At a time when states are more inclined to adopt welfare-orientated, inclusive social policies, property rules continue to forbid the homeless from exercising those activities that should ideally be done in private. The City of Cape Town serves as an interesting case study to critically reflect on social policies and laws that regulate the use of public property when rough sleeping is not only excessive, but perhaps even normatively accepted. The article reflects on the social dilemma of an emerging conflict between property rules (specifically antisocial behavior laws) and what has become normatively conventional in the streets, sidewalks, and public parks of the City. Antisocial behavior laws are enforced irregularly as the homeless are informally pardoned therefrom; this can lead to civic hostility and more social violations. The regulatory framework pertaining to street people is also analyzed considering the constitutional directive to distribute land/dwellings. Property is inaccessible for the most destitute - the centrality of property is overlooked in the state's pursuit to not only provide access, but also enable the vulnerable to live dignified, self-sustaining lives. For the street population, the freedom to perform every-day acts is socially controlled by the property system to that of state forbearance, shaped by an indefinite norms-based understanding of where certain activities are considered reasonable. This is a unsustainable, inhumane practice that prejudices the entire community and the urban environment.
  Citation: Social & Legal Studies
  PubDate: 2024-01-31T09:08:02Z
  DOI: 10.1177/09646639231225582
Indigenous Housing Rights and Colonial Sovereignty: Self-Determination and
Housing Rights beyond a White Possessive Frame
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  Authors: Thalia Anthony, Jessie Hohmann; Jessie Hohmann1994University of Technology Sydney, Australia
  Abstract: Social & Legal Studies, Ahead of Print.
  Through the lens of Aileen Moreton-Robinson's ‘white possessive logics’, this article addresses a series of legal cases concerning inhumane Aboriginal housing in the Northern Territory of Australia. It critiques successive government policies in relation to First Nations people since the colonisation of the Northern Territory in the nineteenth century, setting the cases in their historical context of ongoing subordination of First Nations people to the interests of white possession of land and governance. We argue that domestic law pertaining to First Nations housing rights manifests white possessive logics. Such control can only be overcome through affording First Nations communities self-determination over housing in accordance with international law and First Nations claims. Self-determination and sovereignty are antidotes to the colonial histories that underlie inadequate housing for Indigenous peoples not only in Australia but across settler colonies. In developing this argument, we draw on international law and honour the advocacy of Northern Territory Aboriginal communities who have struggled for community-control over housing and homelands over successive generations.
  Citation: Social & Legal Studies
  PubDate: 2024-01-27T11:06:44Z
  DOI: 10.1177/09646639241227120
Let Me Move: A Legal Analysis of Residence Restrictions on Asylum-Seekers
in Ceuta, Melilla and the Canary Islands
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  Authors: Juan Ruiz Ramos; The Netherlands
  Abstract: Social & Legal Studies, Ahead of Print.
  For over a decade, Spanish police have prevented asylum-seekers in Ceuta and Melilla—two Spanish exclaves in Northern Africa—from moving to mainland Spain. Since 2020, similar measures have been taken in the Canary Islands. However, this practice has not taken place in a vacuum. This article shows that the Spanish authorities have long drafted and interpreted Spanish law in such a way as to create a veil of legality over these residence restrictions. Moreover, they have ignored attempts by the courts to uphold the freedom of asylum-seekers to choose their place of residence within the borders of the State. The government and the police have thus exercised a kind of “diluted” legal social control, in which legal certainty and human rights safeguards are out of the picture. This article analyzes the issue from different perspectives, using social control theories, classical legal doctrinal analysis, and comparisons with criminal law.
  Citation: Social & Legal Studies
  PubDate: 2024-01-10T08:35:51Z
  DOI: 10.1177/09646639231226227

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