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"Socio-Legal Studies"
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The Court of Justice in the Archives Project: An Initial Reflection
by
Vauchez, Antoine
in
Archives & records
,
court of justice of the european union
,
dossier de procédure
2021
This Article offers an initial reflection on the output of the \"Court of Justice in the Archives\" project represented by the case studies included in this Special Section. The value of this collective endeavour is not a matter of find-ing the (legal or historical) truth hidden in some unpublished part of the dossier that would allow us to settle on the real \"origins\" of EU law. The project contributes to deepening our understanding of landmark cases decades later, during which time their meaning and scope have been simplified and codified as \"EU law answers to EU law questions\" at the cost of losing their many legal, sociological and economic layers. As the Articles bring back defeated and the marginalized arguments, and exemplify how things could have gone otherwise, the reader is led to a thought-experiment that can prove extremely useful in reopening the legal and political imagination of EU law, emancipating it from a sense of necessity and exposing more explicitly the normative choices made by the Court. And as alternative legal pasts of Europe emerge, it may become easier to conceive of alternative futures for EU legal integration.
Journal Article
Violence, Imagination, and Resistance
by
Alam, Mariful
,
Dwyer, Patrick
,
Roots, Katrin
in
Book Industry Communication
,
Canadian law
,
criminal law
2023
For some time, scholars have devoted considerable attention to the law as a force of repression, one that replicates and enforces structural inequalities through violence and legally sanctioned modes of punishment. But it is the means by which the law functions as a tool of governmentality that occupies the contributors to this volume. Through the exploration of how to deconstruct law’s power, how to expose the violence the law produces, and finally how to identify modes of resistance that have transformative potential, these essays contribute to the ongoing interrogation of settler colonialism, racism, and structural violence in Canada.
The Routledge International Handbook of Perpetrator Studies
2020,2019
The Routledge International Handbook of Perpetrator Studies provides the first comprehensive overview of this emerging interdisciplinary field in the humanities and social sciences. Featuring contributions by scholars from a wide variety of fields and disciplines, the Handbook charts the growth and development, foundations, key debates, core concerns, and frontiers of Perpetrator Studies. Focusing on genocide, terrorism, and other forms of political mass violence, this Handbook addresses questions of guilt and responsibility, definition, terminology, typology, motivations, group dynamics, memory, trauma, representation, and pedagogy. Offering a thematic and conceptual approach that facilitates a comparative analysis across historical, geographic, and disciplinary lines, the Handbook allows different disciplinary perspectives to confront one another. In so doing, this foundational volume presents contemporary perspectives on longstanding debates whilst providing new contributions to the field. Written with an interdisciplinary readership in mind, the chapters provide an overview of existing work on a specific topic or issue, delineate current developments within the respective discipline or field, and make suggestions for further research. As such, the book will appeal to scholars across a range of disciplines, including history, sociology, anthropology, criminology, law, philosophy, memory studies, psychology, political science, literary studies, film studies, cultural studies, art history, and education.
Rhetoric, Aboriginal Australians and the Northern territory intervention: A socio-legal investigation into prelegislative argumentation
2016
Presented within this article is a systematic discourse analysis of the arguments used by the then Australian Prime Minister and also the Minister for Indigenous Affairs in explaining and justifying the extensive and contentious intervention by the federal government into remote Northern Territory Aboriginal communities. The methods used within this article extend the socio-legal toolbox, providing a contextually appropriate, interdisciplinary methodology that analyses the speech act's rhetorical properties. Although many academics use sound-bites of pre-legislative speech in order to support their claims, this analysis is concerned with investigating the contents of the speech acts in order to understand how the Prime Minister's and Minister for Indigenous Affairs' argumentations sought to achieve consensus to facilitate the enactment of legislation. Those seeking to understand legislative endeavours, policy makers and speech actors will find that paying structured attention to the rhetorical properties of speech acts yields opportunities to strengthen their insight. The analysis here indicates three features in the argumentation: the duality in the Prime Minister's and Minister's use of the Northern Territory Government's Little Children are Sacred report; the failure to sufficiently detail the linkages between the Intervention and the measures combatting child sexual abuse; and the omission of recognition of Aboriginal agency and consultation.
Journal Article
Conspiracy! Or, when bad things happen to good litigants in person
by
Leader, Kate
2024
This paper considers the relationship between litigants in person (LiPs) and conspiracy theories and seeks to answer two questions: how, and why, do some LiPs come to be conspiracy theorists? The majority of LiPs, of course, do not become conspiracy-minded. There is also no evidence that LiPs are more likely than anyone else in legal proceedings to be conspiracists, only, perhaps, that it is more obvious when they are. But there continue to be individuals who have conspiracist explanations for difficulties or failures they experience throughout legal proceedings. And while it is widely held that some LiPs hold eccentric beliefs about the law, there has been little attempt to understand how and why LiPs may come to acquire or articulate these beliefs. This is presumably because it has not been considered important to interrogate the views of people already often assumed to be ‘difficult’ or eccentric. This paper contends, however, that trying to understand how and why these conspiracist beliefs are acquired matters very much. This is because conspiracy theories can give us a critical insight into how negative experiences of litigation can result in a loss of faith or trust in legal institutions.
Journal Article
Ethics, Law and Society
2017
This key collection brings together a selection of papers commissioned and published by the Cardiff Centre for Ethics, Law & Society. It incorporates contributions from a group of international experts along with a selection of short opinion pieces written in response to specific ethical issues. The collection addresses issues arising in biomedical and medical ethics ranging from assisted reproductive technologies to the role of clinical ethics committees. It examines broader societal issues with particular emphasis on sustainability and the environment and also focuses on issues of human rights in current global contexts. The contributors collect responses to issues arising from high profile cases such as the legitimacy of war in Iraq to physician-related suicide. The volume will provide a valuable resource for practitioners and academics with an interest in ethics across a range of disciplines.
Domestic fortress
2024
Today's home is a kind of fortress that tells us as much about our need for privacy as it does about ensuring our security. Fortress homes, gated communities and elaborate defensive systems have become everyday features of urban life, highlighting the depth of fear as well as the desire for prestige and social display and the ideological strength of home ownership. This book offers a fresh analysis of our homes, our demands for security and anxieties about invasion, loss and finding seclusion in a worrying and divided world. Using a rich range of sources from cutting-edge research to media accounts, the book considers the fantasies and realities of dangers to the contemporary home and its inhabitants, and details the extreme measures now used in the pursuit of total safety.
Routledge Handbook of Socio-Legal Theory and Methods
by
Kirsten McConnachie
,
Naomi Creutzfeldt
,
Marc Mason
in
biotechnology
,
environmental law
,
Legal Theory
2020,2019
Drawing on a range of approaches from the social sciences and humanities, this handbook explores theoretical and empirical perspectives that address the articulation of law in society, and the social character of the rule of law.
The vast field of socio-legal studies provides multiple lenses through which law can be considered. Rather than seeking to define the field of socio-legal studies, this book takes up the experiences of researchers within the field. First-hand accounts of socio-legal research projects allow the reader to engage with diverse theoretical and methodological approaches within this fluid interdisciplinary area. The book provides a rich resource for those interested in deepening their understanding of the variety of theories and methods available when law is studied in its broadest social context, as well as setting those within the history of the socio-legal movement. The chapters consider multiple disciplinary lenses - including feminism, anthropology and sociology - as well as a variety of methodologies, including: narrative, visual and spatial, psychological, economic and epidemiological approaches. Moreover, these are applied in a range of substantive contexts such as online hate speech, environmental law, biotechnology, research in post-conflict situations, race and LGBT+ lawyers.
The handbook brings together younger contributors and some of the best-known names in the socio-legal field. It offers a fresh perspective on the past, present and future of socio-legal studies that will appeal to students and scholars with relevant interests in a range of subjects, including law, sociology and politics.
The impact of coastal grabbing on community conservation – a global reconnaissance
by
Dias, Ana Carolina Esteves
,
Charles, Anthony
,
Doubleday, Nancy
in
Brazil
,
Canada
,
Coastal development
2017
\"Coastal grab\" refers to the contested appropriation of coastal (shore and inshore) space and resources by outside interests. This paper explores the phenomenon of coastal grabbing and the effects of such appropriation on community-based conservation of local resources and environment. The approach combines social-ecological systems analysis with socio-legal property rights studies. Evidence of coastal grab is provided from four country settings (Canada, Brazil, India and South Africa), distinguishing the identity of the 'grabbers' (industry, government) and 'victims', the scale and intensity of the process, and the resultant 'booty'. The paper also considers the responses of the communities. While emphasizing the scale of coastal grab and its deleterious consequences for local communities and their conservation efforts, the paper also recognizes the strength of community responses, and the alliances/partnerships with academia and civil society, which assist in countering some of the negative effects.
Journal Article
Social patterns of ageism: expert perspectives from Austria and Ireland
by
Walsh, Kieran
,
Hopf, Stefan
,
Georgantzi, Nena
in
Acknowledgment
,
Advocacy
,
Age discrimination
2024
For older persons, age discrimination can undermine equal participation in modern service and consumer societies. One way to tackle age discrimination is to implement anti-discrimination policy and legislation. However, age discrimination is an ambiguous concept that can be interpreted in different ways and differences in the interpretation can impact the scope and application of related policy and legislation. Hence, to understand how policy, legislation and their central constructs operate within society, it is necessary to look beyond the letter of the law or policy text and explore the interpretations of age discrimination employed by actors in the field. We interviewed experts from Austria and Ireland, who by virtue of their professional or representative position co-structure the conditions for people to claim they have experienced age discrimination. Based on 12 expert interviews and two focus groups, each involving six representatives of the major national advocacy and interest organisations on ageing, we reconstructed four interpretation patterns of age discrimination: age discrimination as the ‘denial of dignity’, as the ‘denial of recognition of contribution’, as the ‘denial of participation’ and as the ‘lack of consideration of need’. The findings are discussed with reference to the concepts of recognition and representation, and considerations are provided on possible legal and political implications of this research.
Journal Article