Pub Date : 2023-09-16DOI: 10.1177/09646639231200970
MAEBH HARDING
{"title":"Book Review: <i>Polygamy, Policy and Postcolonialism in English Marriage Law: A Critical Feminist Analysis</i> by ZAINAB BATUL NAQVI","authors":"MAEBH HARDING","doi":"10.1177/09646639231200970","DOIUrl":"https://doi.org/10.1177/09646639231200970","url":null,"abstract":"","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":"133 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135308617","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-16DOI: 10.1177/09646639231201912
Randi Solhjell, Henning Kaiser Klatran
This article investigates how police officers and prosecutors make sense of and speak about their work with hate crimes. Our analysis rests upon Robert Reiner's widely acknowledged claim that policing is inherently political. We identified three core issues that illustrate the political nature of policing hate crimes. First, the politically contingent boundary work of distinguishing criminal from legal acts. Second, the impact of the enforcement of hate crime laws on the reproduction of social inequalities. Third, the “diversity politics” of gaining legitimacy and trust among minorities, which hate crime legislation is meant to protect. While a strong commitment to policing hate crimes is evident among our interviewees, we ask if the politically invested discourse they present may contribute to an absence of critical reflections regarding the limited effect of law enforcement, as well as a lack of engagement with pressing concerns regarding racialized crime control and racism.
{"title":"The Politics of Policing Hate: Boundary Work, Social Inequalities, and Legitimacy","authors":"Randi Solhjell, Henning Kaiser Klatran","doi":"10.1177/09646639231201912","DOIUrl":"https://doi.org/10.1177/09646639231201912","url":null,"abstract":"This article investigates how police officers and prosecutors make sense of and speak about their work with hate crimes. Our analysis rests upon Robert Reiner's widely acknowledged claim that policing is inherently political. We identified three core issues that illustrate the political nature of policing hate crimes. First, the politically contingent boundary work of distinguishing criminal from legal acts. Second, the impact of the enforcement of hate crime laws on the reproduction of social inequalities. Third, the “diversity politics” of gaining legitimacy and trust among minorities, which hate crime legislation is meant to protect. While a strong commitment to policing hate crimes is evident among our interviewees, we ask if the politically invested discourse they present may contribute to an absence of critical reflections regarding the limited effect of law enforcement, as well as a lack of engagement with pressing concerns regarding racialized crime control and racism.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135308620","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-14DOI: 10.1177/09646639231201470
Erfina Fuadatul Khilmi
{"title":"Book Review: <i>Immigration Judicial Reviews: An Empirical Study</i> by ROBERT THOMAS and JOE TOMLINSON","authors":"Erfina Fuadatul Khilmi","doi":"10.1177/09646639231201470","DOIUrl":"https://doi.org/10.1177/09646639231201470","url":null,"abstract":"","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135552337","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-13DOI: 10.1177/09646639231202613
LINDSAY FARMER
{"title":"Book Review: <i>The King’s Peace. Law and Order in the British Empire</i> by LISA FORD","authors":"LINDSAY FARMER","doi":"10.1177/09646639231202613","DOIUrl":"https://doi.org/10.1177/09646639231202613","url":null,"abstract":"","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":"09 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135781454","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-12DOI: 10.1177/09646639231198342
Vanessa E. Munro, Vanessa Bettinson, Mandy Burton
Significant strides have been made in the law's recognition of harms arising from domestic abuse. In England and Wales, the Serious Crimes Act 2015, and in Scotland, the Domestic Abuse (Scotland) Act 2018, have supported a more holistic understanding of the dynamics of abuse and the means by which coercion and control are deployed to cement and supplant perpetrators’ violence. In this article, we explore what the introduction of these offences means in other situations where questions regarding the impact of abuse upon victims’ agency arise: specifically, where victims commit an offence that might have been compelled by abusive behaviour or take their own lives in contexts that might indicate perpetrators’ liability for suicide. In particular, drawing on interviews with professionals across both jurisdictions, we highlight the precarity of recognition of the effects of coercive control and the need to engage in more complicated discussions about when and why context matters.
{"title":"Coercion, Control and Criminal Responsibility: Exploring Professional Responses to Offending and Suicidality in the Context of Domestically Abusive Relationships","authors":"Vanessa E. Munro, Vanessa Bettinson, Mandy Burton","doi":"10.1177/09646639231198342","DOIUrl":"https://doi.org/10.1177/09646639231198342","url":null,"abstract":"Significant strides have been made in the law's recognition of harms arising from domestic abuse. In England and Wales, the Serious Crimes Act 2015, and in Scotland, the Domestic Abuse (Scotland) Act 2018, have supported a more holistic understanding of the dynamics of abuse and the means by which coercion and control are deployed to cement and supplant perpetrators’ violence. In this article, we explore what the introduction of these offences means in other situations where questions regarding the impact of abuse upon victims’ agency arise: specifically, where victims commit an offence that might have been compelled by abusive behaviour or take their own lives in contexts that might indicate perpetrators’ liability for suicide. In particular, drawing on interviews with professionals across both jurisdictions, we highlight the precarity of recognition of the effects of coercive control and the need to engage in more complicated discussions about when and why context matters.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135878922","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Individuals formerly involved in armed groups are positioned in the victim–perpetrator binary by legal systems and societies. Media participates in this process and influences the relationship between law and society by reproducing or challenging legal and social designations. We assess the relationship between the International Criminal Court's (ICC) prosecution of Dominic Ongwen, a former child soldier in Uganda's Lord's Resistance Army (LRA), and media representations of Ongwen. We conduct a content analysis of 779 Ugandan, African, and international newspapers’ English-language articles published between January 2005 and October 2022. We find that media coverage focuses on Ongwen's adult roles in the group, including as an LRA leader, largely reproducing the ICC's portrayal of the accused. A minority of articles acknowledge a more complex status and increase in frequency once Ongwen's ICC trial is underway. An important faction challenges the ICC's narrative, with non-Africa-based media presenting a more complex depiction of Ongwen.
{"title":"Breaking Through the Legal Binary: Media Labelling of Dominic Ongwen as a Victim–Perpetrator","authors":"Izabela Steflja, Jessica Trisko Darden, Amanda Wintersieck","doi":"10.1177/09646639231195310","DOIUrl":"https://doi.org/10.1177/09646639231195310","url":null,"abstract":"Individuals formerly involved in armed groups are positioned in the victim–perpetrator binary by legal systems and societies. Media participates in this process and influences the relationship between law and society by reproducing or challenging legal and social designations. We assess the relationship between the International Criminal Court's (ICC) prosecution of Dominic Ongwen, a former child soldier in Uganda's Lord's Resistance Army (LRA), and media representations of Ongwen. We conduct a content analysis of 779 Ugandan, African, and international newspapers’ English-language articles published between January 2005 and October 2022. We find that media coverage focuses on Ongwen's adult roles in the group, including as an LRA leader, largely reproducing the ICC's portrayal of the accused. A minority of articles acknowledge a more complex status and increase in frequency once Ongwen's ICC trial is underway. An important faction challenges the ICC's narrative, with non-Africa-based media presenting a more complex depiction of Ongwen.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135980728","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-08-22DOI: 10.1177/09646639231195312
Simeon Koroma
Monetary expenses are said to prohibit poor rural litigants from accessing official justice institutions, which are often concentrated in urban centres, thus pushing these litigants towards customary forums. At the same time, the alternative customary courts have been shown to cost more than formal justice institutions such as official magistrates courts. This article examines the economics informing litigants’ choices of judicial forums to contribute to a new analysis beyond state-centred legal pluralism. It argues that how money features in cases at barrays – the unofficial, unrecognised, customary courts in the capital city of Sierra Leone – not only explains why ordinary people engage with (extra)legal processes, but also demonstrates how justice is understood and (re)produced in practice.
{"title":"Following the Money: Understanding Forum Shopping and the ‘Justice Marketplace’ in Sierra Leone","authors":"Simeon Koroma","doi":"10.1177/09646639231195312","DOIUrl":"https://doi.org/10.1177/09646639231195312","url":null,"abstract":"Monetary expenses are said to prohibit poor rural litigants from accessing official justice institutions, which are often concentrated in urban centres, thus pushing these litigants towards customary forums. At the same time, the alternative customary courts have been shown to cost more than formal justice institutions such as official magistrates courts. This article examines the economics informing litigants’ choices of judicial forums to contribute to a new analysis beyond state-centred legal pluralism. It argues that how money features in cases at barrays – the unofficial, unrecognised, customary courts in the capital city of Sierra Leone – not only explains why ordinary people engage with (extra)legal processes, but also demonstrates how justice is understood and (re)produced in practice.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":"76 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135716134","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-08-01DOI: 10.1177/09646639221137496
Yael Cohen-Rimer, Netanel Dagan
How do judges formulate their written decisions when rejecting plaintiffs’ requests in a welfare context? In this paper, based on our thematic analysis, we show how judges construct a nuanced concept of ‘welfare deservingness’ to narratively mitigate their own moral and emotional tensions when making decisions on remedies in public-housing cases. Deploying a notion borrowed from criminology—‘neutralisation techniques’—we discuss the material and symbolic implications of this concept, contributing to the theoretical discussion of both poverty law and legal professionalism. We claim that judges use ‘neutralisation techniques’ to negotiate, justify, and explain their decisions while attempting to avoid or lessen the dilemmas they typically face, given the scarcity of housing resources and their inability to grant material assistance. Employing these techniques, the judges create ‘deservingness spectrum’ that enables them to essentially subvert the binary division of accepted/denied cases. At one end of this spectrum, the denial of the plaintiff's ‘victim’ status is enacted through the negation of symbolic deservingness and, thus, the denial of housing is framed as a warranted sanction on the plaintiff's reproachable character. At the other end, the techniques allow the judges to recognise ‘symbolic deservingness’ while still not providing material aid. Judges are therefore able to preserve their professional status and sense of moral rectitude when making such unenviable housing decisions. More broadly, our analysis offers a novel lens through which to critically understand judicial decision-making in welfare jurisprudence.
{"title":"Deservingness on Trial: Neutralisation Techniques in Public Housing Jurisprudence","authors":"Yael Cohen-Rimer, Netanel Dagan","doi":"10.1177/09646639221137496","DOIUrl":"https://doi.org/10.1177/09646639221137496","url":null,"abstract":"How do judges formulate their written decisions when rejecting plaintiffs’ requests in a welfare context? In this paper, based on our thematic analysis, we show how judges construct a nuanced concept of ‘welfare deservingness’ to narratively mitigate their own moral and emotional tensions when making decisions on remedies in public-housing cases. Deploying a notion borrowed from criminology—‘neutralisation techniques’—we discuss the material and symbolic implications of this concept, contributing to the theoretical discussion of both poverty law and legal professionalism. We claim that judges use ‘neutralisation techniques’ to negotiate, justify, and explain their decisions while attempting to avoid or lessen the dilemmas they typically face, given the scarcity of housing resources and their inability to grant material assistance. Employing these techniques, the judges create ‘deservingness spectrum’ that enables them to essentially subvert the binary division of accepted/denied cases. At one end of this spectrum, the denial of the plaintiff's ‘victim’ status is enacted through the negation of symbolic deservingness and, thus, the denial of housing is framed as a warranted sanction on the plaintiff's reproachable character. At the other end, the techniques allow the judges to recognise ‘symbolic deservingness’ while still not providing material aid. Judges are therefore able to preserve their professional status and sense of moral rectitude when making such unenviable housing decisions. More broadly, our analysis offers a novel lens through which to critically understand judicial decision-making in welfare jurisprudence.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":"75 1","pages":"540 - 561"},"PeriodicalIF":1.6,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79441951","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-28DOI: 10.1177/09646639231190904
J. Smith, Sarah Keenan
The special section that follows examines registration as a technology of governance regulating the everyday. The introduction illustrates the motivation for the special section, which was an interest in the changing shape of registration over time, as the COVID-19 pandemic saw registration come to the forefront of public life, calling for a re-examination of the ways in which registration produces populations and affects lives. We conclude by outlining the contributions and key themes of the special section.
{"title":"Registering the Everyday: Documents, Bureaucracy, and the Socio-Legal","authors":"J. Smith, Sarah Keenan","doi":"10.1177/09646639231190904","DOIUrl":"https://doi.org/10.1177/09646639231190904","url":null,"abstract":"The special section that follows examines registration as a technology of governance regulating the everyday. The introduction illustrates the motivation for the special section, which was an interest in the changing shape of registration over time, as the COVID-19 pandemic saw registration come to the forefront of public life, calling for a re-examination of the ways in which registration produces populations and affects lives. We conclude by outlining the contributions and key themes of the special section.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":"10 1","pages":"659 - 665"},"PeriodicalIF":1.6,"publicationDate":"2023-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86932069","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-26DOI: 10.1177/09646639231178878
M. Jacob, Priyasha Saksena
This article interrogates the relationship between registration, the professions, and modern crises, using the Medical Register as an illustration. We start by surveying briefly the history of the regulation of health workers in the United Kingdom to contextualise the mechanisms of registers and registration. Under the initial model of registration, one could be in or out of the ‘principal list’, and various routes enabled health practitioners to obtain full registration and its ensuing privileges. That model still influences ordinary understandings of registration, but the paper identifies other categories of registration emerging in the middle of the 20th century, starting with the international crisis of the Second World War and up until the recent coronavirus pandemic. Drawing on historical and contemporary work, we show that there are multiple ways one can be on the Register, with some more precarious than others. In turn, we debunk the idea of the Register as a document immune from political choices and instead shed light on the details of its intimate engagement with modern forms of governance.
{"title":"The Changing Natures of the Medical Register: Doctors, Precarity, and Crisis","authors":"M. Jacob, Priyasha Saksena","doi":"10.1177/09646639231178878","DOIUrl":"https://doi.org/10.1177/09646639231178878","url":null,"abstract":"This article interrogates the relationship between registration, the professions, and modern crises, using the Medical Register as an illustration. We start by surveying briefly the history of the regulation of health workers in the United Kingdom to contextualise the mechanisms of registers and registration. Under the initial model of registration, one could be in or out of the ‘principal list’, and various routes enabled health practitioners to obtain full registration and its ensuing privileges. That model still influences ordinary understandings of registration, but the paper identifies other categories of registration emerging in the middle of the 20th century, starting with the international crisis of the Second World War and up until the recent coronavirus pandemic. Drawing on historical and contemporary work, we show that there are multiple ways one can be on the Register, with some more precarious than others. In turn, we debunk the idea of the Register as a document immune from political choices and instead shed light on the details of its intimate engagement with modern forms of governance.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":"27 1","pages":"714 - 736"},"PeriodicalIF":1.6,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88032925","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"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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