{"title":"Lawyers and the Rule of Law By Andrew Boon, Oxford: Hart, 2022, 576 pp., £90.00","authors":"JOHN FLOOD","doi":"10.1111/jols.12407","DOIUrl":"https://doi.org/10.1111/jols.12407","url":null,"abstract":"","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"50 1","pages":"147-151"},"PeriodicalIF":1.3,"publicationDate":"2023-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50118175","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Military personnel participating in international operations are often deployed to areas where armed groups inflict violence on civilians. In such instances, soldiers must decide how to respond, effectively becoming executors of the law. This article draws on legal consciousness theory and 33 interviews with Norwegian military officers to explore what soldiers perceive as the ‘law’ and how they make sense of legality in determining what constitutes a just response. It finds that officers are conscious of three sources of legality – a mission mandate, a senior commanding officer, and a personal obligation to humanity – which they stand before, engage with, and struggle against, respectively. In actively drawing on these ideas about justice, the officers create and reproduce order in violent contexts. This article adds to theoretical debates about the different ways in which people invoke the law in difficult circumstances. It contributes empirically to an understanding of why authorized militaries behave inconsistently when encountering violence against civilians.
{"title":"A duty to protect? Legal consciousness among military officers in armed conflict","authors":"SINE VORLAND HOLEN","doi":"10.1111/jols.12405","DOIUrl":"https://doi.org/10.1111/jols.12405","url":null,"abstract":"<p>Military personnel participating in international operations are often deployed to areas where armed groups inflict violence on civilians. In such instances, soldiers must decide how to respond, effectively becoming executors of the law. This article draws on legal consciousness theory and 33 interviews with Norwegian military officers to explore what soldiers perceive as the ‘law’ and how they make sense of legality in determining what constitutes a just response. It finds that officers are conscious of three sources of legality – a mission mandate, a senior commanding officer, and a personal obligation to humanity – which they stand before, engage with, and struggle against, respectively. In actively drawing on these ideas about justice, the officers create and reproduce order in violent contexts. This article adds to theoretical debates about the different ways in which people invoke the law in difficult circumstances. It contributes empirically to an understanding of why authorized militaries behave inconsistently when encountering violence against civilians.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"50 1","pages":"17-38"},"PeriodicalIF":1.3,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jols.12405","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50138487","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Contractual Relations: A Contribution to the Critique of the Classical Law of Contract By David Campbell, Oxford: Oxford University Press, 2022, 464 pp., £95.00","authors":"CATHERINE MITCHELL","doi":"10.1111/jols.12406","DOIUrl":"https://doi.org/10.1111/jols.12406","url":null,"abstract":"","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"50 1","pages":"152-156"},"PeriodicalIF":1.3,"publicationDate":"2023-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50151619","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Lawyers in Conflict and Transition By Kieran McEvoy, Louise Mallinder, and Anna Bryson, Cambridge: Cambridge University Press, 2022, 440 pp., £85.00","authors":"DAVID DYZENHAUS","doi":"10.1111/jols.12404","DOIUrl":"https://doi.org/10.1111/jols.12404","url":null,"abstract":"","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"50 1","pages":"139-146"},"PeriodicalIF":1.3,"publicationDate":"2023-02-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50124843","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
How should socio-legal studies view jurisprudence, the legal theory of jurists? Jurisprudence's task is to promote law as a socially valuable idea taking various forms in different times and places. As a value-oriented and context-focused enterprise, it should draw on the social sciences to make its inquiries relevant in a changing socio-legal world. Correspondingly, socio-legal research needs theory to link its empirical inquiries to an overall sense of what can be hoped for from law as a social phenomenon. In different ways, jurisprudence and socio-legal inquiry should help to theorize the nature of legal practice and legal experience. They are necessarily distinct enterprises with contrasting orientations, but they can aid each other in important ways.
{"title":"A socio-legal quest: from jurisprudence to sociology of law and back again","authors":"ROGER COTTERRELL","doi":"10.1111/jols.12403","DOIUrl":"https://doi.org/10.1111/jols.12403","url":null,"abstract":"<p>How should socio-legal studies view jurisprudence, the legal theory of jurists? Jurisprudence's task is to promote law as a socially valuable idea taking various forms in different times and places. As a value-oriented and context-focused enterprise, it should draw on the social sciences to make its inquiries relevant in a changing socio-legal world. Correspondingly, socio-legal research needs theory to link its empirical inquiries to an overall sense of what can be hoped for from law as a social phenomenon. In different ways, jurisprudence and socio-legal inquiry should help to theorize the nature of legal practice and legal experience. They are necessarily distinct enterprises with contrasting orientations, but they can aid each other in important ways.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"50 1","pages":"3-16"},"PeriodicalIF":1.3,"publicationDate":"2023-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50133059","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Penality in the Underground: The IRA's Pursuit of Informers By Ron Dudai, Oxford: Oxford University Press, 2022, 240 pp., £80.00","authors":"SHANE DARCY","doi":"10.1111/jols.12402","DOIUrl":"https://doi.org/10.1111/jols.12402","url":null,"abstract":"","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"50 1","pages":"157-161"},"PeriodicalIF":1.3,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50116162","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Criticisms of political constitutionalism's relationship to populism point in two opposed directions. Legal constitutionalists consider it too open to, and even as legitimating, populist politics, whereas radical democrats consider it too closed to popular participation, prompting an anti-system politics of a populist character. I dispute both these views. Underlying these contrasting assessments are differing conceptions of populism and constitutionalism. This article distinguishes right- from left-wing populism, and limited government from non-arbitrary rule, as constitutional ideals. Legal constitutionalism typically embraces the first ideal. However, that can be a driver of both right- and left-wing populism, and allow types of arbitrary rule that democratic backsliding and illiberal regimes can (and do) exploit. By contrast, political constitutionalism involves the second ideal and is antithetical to right-wing populism while potentially friendly to the legitimate demands of left-wing populism. Nevertheless, the practical reality of political constitutionalism in the United Kingdom (and elsewhere) often falls short of its ideal theoretical potential. Addressing these shortcomings, however, requires strengthening democracy rather than the legal constitution, not least through electoral reform.
{"title":"Political constitutionalism and populism","authors":"RICHARD BELLAMY","doi":"10.1111/jols.12401","DOIUrl":"https://doi.org/10.1111/jols.12401","url":null,"abstract":"<p>Criticisms of political constitutionalism's relationship to populism point in two opposed directions. Legal constitutionalists consider it too open to, and even as legitimating, populist politics, whereas radical democrats consider it too closed to popular participation, prompting an anti-system politics of a populist character. I dispute both these views. Underlying these contrasting assessments are differing conceptions of populism and constitutionalism. This article distinguishes right- from left-wing populism, and limited government from non-arbitrary rule, as constitutional ideals. Legal constitutionalism typically embraces the first ideal. However, that can be a driver of both right- and left-wing populism, and allow types of arbitrary rule that democratic backsliding and illiberal regimes can (and do) exploit. By contrast, political constitutionalism involves the second ideal and is antithetical to right-wing populism while potentially friendly to the legitimate demands of left-wing populism. Nevertheless, the practical reality of political constitutionalism in the United Kingdom (and elsewhere) often falls short of its ideal theoretical potential. Addressing these shortcomings, however, requires strengthening democracy rather than the legal constitution, not least through electoral reform.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"50 S1","pages":"S7-S25"},"PeriodicalIF":1.3,"publicationDate":"2023-01-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jols.12401","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50153605","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.32842/2078-3736/2023.1.4
O. Pyzhov
{"title":"CONSTITUTIONAL AND LEGAL REGULATION OF EDUCATION IN FOREIGN COUNTRIES","authors":"O. Pyzhov","doi":"10.32842/2078-3736/2023.1.4","DOIUrl":"https://doi.org/10.32842/2078-3736/2023.1.4","url":null,"abstract":"","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"2 1","pages":""},"PeriodicalIF":1.3,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74481294","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.32842/2078-3736/2023.1.20
M. O. Pyzhovа
{"title":"REALIZATION OF THE RIGHT TO WORK BY GRADUATES OF HIGHER EDUCATION INSTITUTIONS WHO CONTINUE THEIR POSTGRADUATE STUDIES","authors":"M. O. Pyzhovа","doi":"10.32842/2078-3736/2023.1.20","DOIUrl":"https://doi.org/10.32842/2078-3736/2023.1.20","url":null,"abstract":"","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"20 1","pages":""},"PeriodicalIF":1.3,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73956962","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.32842/2078-3736/2023.3.17
V. V. Oreshych
{"title":"TO THE QUESTION OF LEGAL PERSONALITY OF THE PHENOMENON OF VIRTUAL (DIGITAL) PERSONALITY IN THE UNDERSTANDING OF CIVIL LAW","authors":"V. V. Oreshych","doi":"10.32842/2078-3736/2023.3.17","DOIUrl":"https://doi.org/10.32842/2078-3736/2023.3.17","url":null,"abstract":"","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"44 1","pages":""},"PeriodicalIF":1.3,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74816616","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"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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