Trans identities are increasingly subjected to contentious public and political debate in the UK, and this has resulted in resource to the law across various contexts. Against that background, this paper considers trans legal parenthood after the decision in R (McConnell and YY) v Registrar General for England and Wales. This judgment held that a trans man who gave birth was the legal ‘mother’ of his child. The wider consequence is that trans legal parenthood will not reflect trans identities, but birth-assigned sex/gender, regardless of whether the parent holds a gender recognition certificate. Separate from this underlying social and political context concerning trans identities, the paper argues that legal parenthood is a flexible and pragmatic concept, which lacks inherent normative content, and which has previously proved capable of accommodating a variety of different familial and reproductive circumstances. The paper argues that the gendered descriptors of ‘mother’ and ‘father’, while remaining the law's default, are not inherent to legal parenthood. Thus, the paper concludes that, despite the ongoing political and cultural debates concerning trans identities, the existing concept of legal parenthood is capable of properly recognising trans parenthood, without requiring any fundamental changes to the concept itself.
在英国，跨性别身份越来越受到有争议的公众和政治辩论的影响，这为不同背景下的法律提供了资源。在这种背景下，本文在R（McConnell and YY）诉英格兰和威尔士注册总署一案的裁决后考虑了跨法律父母身份。该判决认定，一名生育的跨性别男子是其孩子的合法“母亲”。更广泛的后果是，跨性别合法父母身份不会反映跨性别身份，而是出生时指定的性别/性别，无论父母是否持有性别承认证书。与跨性别身份相关的潜在社会和政治背景不同，本文认为，合法父母身份是一个灵活而务实的概念，缺乏固有的规范内容，而且以前已经证明能够适应各种不同的家庭和生殖环境。该论文认为，“母亲”和“父亲”的性别描述虽然仍然是法律的默认，但并不是合法父母所固有的。因此，该论文得出结论，尽管关于跨性别身份的政治和文化辩论仍在进行，但现有的合法父母身份概念能够正确承认跨性别父母身份，而不需要对概念本身进行任何根本性的改变。
{"title":"Trans (legal) parenthood and the gender of legal parenthood","authors":"Alan Brown","doi":"10.1017/lst.2023.27","DOIUrl":"https://doi.org/10.1017/lst.2023.27","url":null,"abstract":"\u0000 Trans identities are increasingly subjected to contentious public and political debate in the UK, and this has resulted in resource to the law across various contexts. Against that background, this paper considers trans legal parenthood after the decision in R (McConnell and YY) v Registrar General for England and Wales. This judgment held that a trans man who gave birth was the legal ‘mother’ of his child. The wider consequence is that trans legal parenthood will not reflect trans identities, but birth-assigned sex/gender, regardless of whether the parent holds a gender recognition certificate. Separate from this underlying social and political context concerning trans identities, the paper argues that legal parenthood is a flexible and pragmatic concept, which lacks inherent normative content, and which has previously proved capable of accommodating a variety of different familial and reproductive circumstances. The paper argues that the gendered descriptors of ‘mother’ and ‘father’, while remaining the law's default, are not inherent to legal parenthood. Thus, the paper concludes that, despite the ongoing political and cultural debates concerning trans identities, the existing concept of legal parenthood is capable of properly recognising trans parenthood, without requiring any fundamental changes to the concept itself.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":"1 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42330014","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Attorney General for England and Wales is the Government's Senior Law Officer who, inter alia, initiates certain kinds of legal proceedings. She is also a politician: a member of the House of Commons or the House of Lords and appointed to Government by the Prime Minister. This paper considers the Attorney General's role in initiating contempt proceedings against fellow politicians. I detail a number of cases where politicians have been involved in potential contempts by publication. I argue that, in such cases, the Attorney General's position may amount to an actual or perceived conflict of interest and may breach the principle that justice should be seen to be done.
{"title":"The Attorney General and contempt of court – some political and constitutional concerns","authors":"John McGarry","doi":"10.1017/lst.2023.26","DOIUrl":"https://doi.org/10.1017/lst.2023.26","url":null,"abstract":"\u0000 The Attorney General for England and Wales is the Government's Senior Law Officer who, inter alia, initiates certain kinds of legal proceedings. She is also a politician: a member of the House of Commons or the House of Lords and appointed to Government by the Prime Minister. This paper considers the Attorney General's role in initiating contempt proceedings against fellow politicians. I detail a number of cases where politicians have been involved in potential contempts by publication. I argue that, in such cases, the Attorney General's position may amount to an actual or perceived conflict of interest and may breach the principle that justice should be seen to be done.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44267993","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The interpretation of administrative policies is of great importance in contemporary public law. The correct approach to policy interpretation has, however, been subject to insufficient academic scrutiny. The effect of policies is to provide guidance: not only to decision-makers, but also to stakeholders in the decision. Obvious stakeholders include the applicant or the individual who is the subject of the administrative decision, but the scope of potential legitimate stakeholders may go far beyond this. In matters of general interest, the broader public may be guided by policy (for instance, whether to object to a proposal during a consultation exercise, or on what basis to object). When considering how policy should be interpreted, the court should have regard to the extent of the appropriate audience of the policy, specifically considering how the least expert reader of the policy would interpret it. This ‘least expert reader principle’ will assist in answering difficult questions, such as whether the court should have regard to the underlying evidence base when interpreting a policy. The courts should rely upon, and express their reasoning by reference to, the least expert reader principle, in order to increase the transparency of judgments in the field of policy interpretation.
{"title":"The interpretation of policies in administrative law: the significance of audience","authors":"Alistair Mills","doi":"10.1017/lst.2023.32","DOIUrl":"https://doi.org/10.1017/lst.2023.32","url":null,"abstract":"\u0000 The interpretation of administrative policies is of great importance in contemporary public law. The correct approach to policy interpretation has, however, been subject to insufficient academic scrutiny. The effect of policies is to provide guidance: not only to decision-makers, but also to stakeholders in the decision. Obvious stakeholders include the applicant or the individual who is the subject of the administrative decision, but the scope of potential legitimate stakeholders may go far beyond this. In matters of general interest, the broader public may be guided by policy (for instance, whether to object to a proposal during a consultation exercise, or on what basis to object). When considering how policy should be interpreted, the court should have regard to the extent of the appropriate audience of the policy, specifically considering how the least expert reader of the policy would interpret it. This ‘least expert reader principle’ will assist in answering difficult questions, such as whether the court should have regard to the underlying evidence base when interpreting a policy. The courts should rely upon, and express their reasoning by reference to, the least expert reader principle, in order to increase the transparency of judgments in the field of policy interpretation.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46211153","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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{"title":"LST volume 43 issue 3 Cover and Front matter","authors":"","doi":"10.1017/lst.2023.28","DOIUrl":"https://doi.org/10.1017/lst.2023.28","url":null,"abstract":"An abstract is not available for this content so a preview has been provided. As you have access to this content, a full PDF is available via the ‘Save PDF’ action button.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134917182","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
An abstract is not available for this content so a preview has been provided. As you have access to this content, a full PDF is available via the ‘Save PDF’ action button.
{"title":"LST volume 43 issue 3 Cover and Back matter","authors":"","doi":"10.1017/lst.2023.29","DOIUrl":"https://doi.org/10.1017/lst.2023.29","url":null,"abstract":"An abstract is not available for this content so a preview has been provided. As you have access to this content, a full PDF is available via the ‘Save PDF’ action button.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":"76 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134917181","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The paper reports the findings of over a decade of pioneering, award-winning fieldwork which has explored how workplace experience, if embedded successfully in different stages of legal education, can accelerate the ‘speed to capability’ and skills development of early career lawyers. The benefits from initial experiments of graduate-level work placements carried out by the authors since 2008 are presented. The paper then explores the findings from almost 10 years of creating year-long work placements for law undergraduates, assessing student skill growth, and the impact of the work placements on degree results and employment outcomes, before and during the Covid-19 pandemic.
{"title":"The importance of ‘acting yourself into new ways of thinking’: preliminary findings on the impact of embedding workplace experiences in law degrees to positively impact student skills growth, degree results and employment outcomes before and during a global pandemic","authors":"C. Perry, N. Spencer","doi":"10.1017/lst.2023.18","DOIUrl":"https://doi.org/10.1017/lst.2023.18","url":null,"abstract":"\u0000 The paper reports the findings of over a decade of pioneering, award-winning fieldwork which has explored how workplace experience, if embedded successfully in different stages of legal education, can accelerate the ‘speed to capability’ and skills development of early career lawyers. The benefits from initial experiments of graduate-level work placements carried out by the authors since 2008 are presented. The paper then explores the findings from almost 10 years of creating year-long work placements for law undergraduates, assessing student skill growth, and the impact of the work placements on degree results and employment outcomes, before and during the Covid-19 pandemic.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46347596","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This is the first academic paper to consider the role that parliamentarians play in access to justice. Under austerity, England and Wales has seen cuts to legal aid and local authority budgets that have impacted the ability of people to get help for legal problems in social welfare law from the advice sector. Members of the UK Parliament and Members of the Senedd Cymru are increasingly being called upon by their constituents to fill the resultant gap in advice. This paper draws on interviews with parliamentarians that draw out the nature of the role they are now playing in access to justice across three key areas of civil justice: welfare benefits; housing; and immigration. The growth of parliamentarians as figures in access to justice has thus far been largely neglected but is crucial to grasp, as the implications for the future of access to justice are massive. The paper calls for more research to better understand the phenomenon but urges caution that elected representatives should not be considered as an adequate substitute for a properly functioning, adequately funded advice sector.
{"title":"Access to justice and the role of parliamentarians: what happens to those who fall through the justice gap?","authors":"Daniel Newman, Jon Robins","doi":"10.1017/lst.2023.19","DOIUrl":"https://doi.org/10.1017/lst.2023.19","url":null,"abstract":"\u0000 This is the first academic paper to consider the role that parliamentarians play in access to justice. Under austerity, England and Wales has seen cuts to legal aid and local authority budgets that have impacted the ability of people to get help for legal problems in social welfare law from the advice sector. Members of the UK Parliament and Members of the Senedd Cymru are increasingly being called upon by their constituents to fill the resultant gap in advice. This paper draws on interviews with parliamentarians that draw out the nature of the role they are now playing in access to justice across three key areas of civil justice: welfare benefits; housing; and immigration. The growth of parliamentarians as figures in access to justice has thus far been largely neglected but is crucial to grasp, as the implications for the future of access to justice are massive. The paper calls for more research to better understand the phenomenon but urges caution that elected representatives should not be considered as an adequate substitute for a properly functioning, adequately funded advice sector.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-06-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45250157","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
It is estimated that there are in excess of eight million unfit homes in England and that one in five excess deaths are attributable to poor housing conditions, costing the NHS some £1.4bn per year. While the policy focus tends to be on housing supply, it is the private rented sector (PRS) that is a key vehicle for provision. The pandemic has given rise to some unexpected outcomes, not least in regulating that sector. This paper will consider how strategies have changed and generated new modes of regulation in the sector, which may have important longer-term effects for the relation between tenant and landlord. Using the frame of vulnerability and risk theories as a starting position, the paper will critique the role of law in allocating landlord rights and responsibilities. It will look at the implications of moving towards an appreciation of the relational, as opposed to physical aspects of housing provision in regulating landlord behaviour and the attendant risks of so doing. It will be argued that the literatures of vulnerability and risk only make sense if a further element is added in this case: the notion of hope.
{"title":"Opening Pandora's box? Capturing the edifice of ‘hopefulness’ in the private rented sector","authors":"Tola Amodu","doi":"10.1017/lst.2023.17","DOIUrl":"https://doi.org/10.1017/lst.2023.17","url":null,"abstract":"\u0000 It is estimated that there are in excess of eight million unfit homes in England and that one in five excess deaths are attributable to poor housing conditions, costing the NHS some £1.4bn per year. While the policy focus tends to be on housing supply, it is the private rented sector (PRS) that is a key vehicle for provision. The pandemic has given rise to some unexpected outcomes, not least in regulating that sector. This paper will consider how strategies have changed and generated new modes of regulation in the sector, which may have important longer-term effects for the relation between tenant and landlord. Using the frame of vulnerability and risk theories as a starting position, the paper will critique the role of law in allocating landlord rights and responsibilities. It will look at the implications of moving towards an appreciation of the relational, as opposed to physical aspects of housing provision in regulating landlord behaviour and the attendant risks of so doing. It will be argued that the literatures of vulnerability and risk only make sense if a further element is added in this case: the notion of hope.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-06-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49476384","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the ‘Save PDF’ action button.
{"title":"‘Climate Change isn't Optional’: Climate Change in the Core Law Curriculum – CORRIGENDUM","authors":"Kim Bouwer, Evan John, Oliver Luke, Amanda Rozhan","doi":"10.1017/lst.2022.49","DOIUrl":"https://doi.org/10.1017/lst.2022.49","url":null,"abstract":"An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the ‘Save PDF’ action button.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136172987","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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