This article presents findings from the largest research study of the nature of mock jury deliberations in rape cases undertaken in the UK to date – and the first such study to be undertaken in the Scottish context. The study found considerable evidence of the expression of problematic attitudes towards rape complainers. These included the belief that a ‘real’ rape victim would have extensive external

This article, invited by the editors, provides us with an opportunity to reflect on a scholarly collaboration of more than 30 years. Looking backwards, we believe our success has come in part from the different backgrounds that we bring to our collaboration. It also comes from the fact that neither of us at the time we met was comfortable with the scholarly models that we were intellectually programmed

This article is a contribution to the occasional series dealing with a major book that has influenced the author. Previous contributors include Stewart Macaulay, John Griffith, William Twining, Carol Harlow, Geoffrey Bindman, Harry Arthurs, André‐Jean Arnaud, Alan Hunt, Michael Adler, Lawrence O. Gostin, John P. Heinz, Roger Brownsword, Roger Cotterrell, Nicola Lacey, Carol J. Greenhouse, David Garland

This article focuses on the governance of canals in England and Wales. The Canal & River Trust (CRT), the owner and manager of the waterways, has a statutory responsibility to grant ‘certificates’ or licences. The licence constructs a category called ‘continuous cruisers’ who live aboard their boat. Drawing on a sample of interviews with ‘continuous cruiser liveaboards’ (CCLs), we discuss how their

This article uses original data from research at the Court of Protection to explore capacity to consent to sex in practice. It argues that the approach under the Mental Capacity Act 2005 fails to place appropriate focus on consent as central to understanding sexual capacity. The capabilities approach to justice is then used to demonstrate the limitations of the existing legal approach to capacity to

Consumer credit is closely regulated in both Australia and South Africa. Nevertheless, unsecured lending often results in financial hardship in low‐income communities. One aspect of this picture is the impact of the consumer debt burden on the Indigenous economy, which is disproportionately affected by poverty in both countries. Here we juxtapose the comparative regulatory regimes and then contextualize

In a jurisdiction without a codified constitution clearly demarcating the role of the courts, and given the centrality of the principle of parliamentary sovereignty to the United Kingdom's constitutional framework, criticism of the courts for overstepping the mark – particularly in politically contentious cases – is par for the course. In their 2019 article, Professors David Campbell and James Allan

In a 2019 article in this journal, which drew on previous work, we argued by examination of a number of extremely important cases that the senior judiciary is in the process of attempting to create judicial supremacy in the UK. It is doing so, not by democratic debate, but by legal procedural innovation incomprehensible to the electorate. Invited by the journal to reply to a criticism of our argument

This volume pays tribute to the many achievements of Philip Aneurin Thomas. When asked to write a biographical account of his life, I was struck by how many beginnings Phil had been involved in. Early experiences in the United States and East Africa made him part of an important group of scholars who brought new ways of thinking about law and the law school to the United Kingdom in the 1970s. He was

This article looks back to a paper written by the author and Phil Thomas in 2000 on socio‐legal studies and reflects on what has changed in the world of socio‐legal studies since then. It then turns to the continued modesty of the claims that socio‐legal studies researchers make for their work. The suggestion made is that socio‐legal studies forms a social ecology in what is termed the ‘hyphen‐space’

This article reflects on the significance of the Journal of Law and Society and critical socio‐legal work in the context of changes in the political economy of universities and socio‐legal studies. It interweaves an analysis of this shifting political economy with consideration of another topic, namely, academic well‐being and mental health, especially in this moment, to demonstrate the continuing

This article examines some of the synergies between Phil Thomas’ work and the authors’ research into administrative justice in Wales. Like him, they have examined the impact of new rights‐based legislation on access to justice, and also share with him an interest in connections between politics, social policy, and access to justice. The article argues that Wales is not yet taken seriously as ‘a site

As a polyvocal discipline that integrates studies of law in society, socio‐legal studies should have no problem accommodating civil liberties and human rights. Numerous methodologies and frameworks present themselves as illuminating, troubling, and critiquing conceptions and experiences of rights. Legal analysis of human rights is nevertheless often abstract and highly technical. But what if socio‐legal

Initially the subject of widespread consensus, legislative and policy responses to COVID‐19 are increasingly provoking predictable reactions. Right and left are united by concern that essential freedoms are being eroded by a state utilizing the opportunity of the pandemic to make a power grab. Focused on the Coronavirus Act 2020, this article takes a more cautious approach, suggesting that the law

This article begins with a reflection on Phil Thomas’ work, as well as on the way in which the Journal of Law and Society has pioneered scholarship in this field. Drawing on my own experiences as a researcher and campaigner, and my ‘insider’ status as a van dweller, I articulate why many have sought alternative modes of living, reflecting on ideas about freedom and anarchism, the importance of ‘home’

This paper considers the interaction of legal norms and social norms in the regulation of work and working relations, observing that, with the contraction of collective bargaining, this is a matter that no longer attracts the attention that it deserves. Drawing upon two concepts from sociology – Max Weber's ‘labour constitution’ and Seymour Martin Lipset's ‘occupational community’ – it focuses on possibilities

Directors take decisions that can have significant impacts on others, as illustrated by the global financial crisis and the collapse of Thomas Cook Group plc. Yet many academics argue that courts should not review or impose liability on directors for poor business judgements. These arguments often rely on untested empirical assumptions about directors’ behaviour and attitudes. Through semi‐structured

This article calls for a strengthening of Disability Law as an academic discipline and offers orientation for its future development. It argues that there is a need for enhanced cohesion among those already applying a critical disability perspective within disciplines such as Equality Law, Mental Health and Capacity Law, and Social Care and Protection Law and also for greater mainstreaming of this

Recent years have seen a rise in immaterial labour in the United Kingdom and other developed economies. Sociological explanatory accounts of these developments focus primarily on economic drivers. Little, if any, inquiry has been made into the potential role of law. This article seeks to identify the aspects of law that may be constitutive of employer and worker perceptions of the acceptability (or

Drawing upon feminist standpoint theory and interviews with pioneering women lawyers in Sri Lanka, I argue for a focus on women as a distinct category in ‘legal complex theory’. I consider the following questions in making this claim. What were the internal structures of the legal profession that the older generations of women lawyers encountered as they entered the profession and as they took up positions

This article is a contribution to the occasional series dealing with a major book that has influenced the author. Previous contributors include Stewart Macaulay, John Griffith, William Twining, Carol Harlow, Geoffrey Bindman, Harry Arthurs, André‐Jean Arnaud, Alan Hunt, Michael Adler, Lawrence O. Gostin, John P. Heinz, Roger Brownsword, Roger Cotterrell, Nicola Lacey, Carol J. Greenhouse, David Garland

In court judgements on nationality, it is common to find references to the constitutions and citizenship provisions of various countries. In addition, the influences of regional as well as global human rights legal instruments are often cited by lawyers in arguments and judges in their decisions. It is surprising, then, that academic scholarship on the topic is usually single‐country or single‐region

Lower national courts are increasingly asked to perform a transnational role, being directly involved in major geopolitical issues such as conflicts, migration, and transnational terrorism. Based on an ethnography of French criminal courts, this article aims to examine this emerging role of national lower courts as transnationalized players. Through an examination of terrorism prosecutions in France

Rick Abel's classic Politics by Other Means (1995) used South Africa to argue for law's ‘potential nobility’, but it did so avoiding a heroic mode characteristic of much anti‐apartheid writing. Abel showed how law could, with strenuous exertion, be turned into a defensive shield for the oppressed. As a sword, however, it was ‘two‐edged’. It allowed the powerful to frustrate or overturn hard‐won symbolic

Law and lawyers tend to be seen as either preferential victims of or key counterforces to rising illiberalism. Brazil offers a good testbed for these claims. Brazilian democracy has deteriorated considerably, as epitomized by the election of Jair Bolsonaro in 2018. Yet, since 2014, law and lawyers have become ever more central to Brazil's field of state power. As the anti‐corruption initiative Car

The fate of the rule of law in fragile states rests in religious politics. Three defining periods of Somali politics illustrate this argument. First is the authoritarian regime of Mohamed Siad Barre in Somalia (1969–1991). This dictatorship used religion to rule by law. The regime executed religious leaders for disagreeing with the government's interpretation of Islam. Second is the rise of Islamic

This article examines how authoritarian contenders use law to advance an agenda geared to exclusive state power in light of a paradigmatic case: the National Socialists’ takeover of the German state apparatus in spring 1933. This case highlights two ways in which an office holder is able to expand his power in an authoritarian fashion through legal dispositions. A conjunctural use of law for authoritarian

The anti‐corruption struggle has become an international political doctrine since the 1990s. On the one hand, it has been anchored in organizations that promote ideas and models of ‘good governance’: non‐governmental organizations (NGOs), think tanks, the World Bank, and so on. On the other hand, it has acquired normative force in conventions of the United Nations (UN), the Organisation for Economic

The negative and corrosive impacts of corruption in the fields of economics, politics, and law are widely discussed. Less understood are the potentially negative impacts of anti‐corruption struggles and strategies themselves. This article presents a case study of Brazil's ‘Car Wash’ (‘Lava Jato’) scandal from a legal and political perspective. Although the subsequent Operation Car Wash investigation

Using archival materials, we reflect on the legal process of creating (and mitigating) a border in Ireland after partition in 1922 and interactions between those laws and the people whom they affected. After 1922, superficially durable exceptions developed to the territorial state's distinctions between citizens and foreign nationals under the aegis of the Common Travel Area. They survived the 1930s

The rule of law is a foundation of the liberal state. The US ‘War on Terror’ under Presidents Bush and Obama threatened and violated the rule of law in multiple ways. This article surveys those challenges and analyses how US institutions responded in order to assess the capacity of the legal system to resist political pressure in moments of crisis.

We examine judges’ role in civil litigation by studying empirically the relationship between judicial procedural involvement (JPI) and lawsuits’ mode of disposition (MoD). Furthermore, we propose JPI as a metric for the allocation of judicial attention to litigants. Applying the framework to Israeli trial court data, we find that 60 per cent of cases included JPI (through hearings and rulings on motions)

This article is a contribution to the occasional series dealing with a major book that has influenced the author. Previous contributors include Stewart Macaulay, John Griffith, William Twining, Carol Harlow, Geoffrey Bindman, Harry Arthurs, André‐Jean Arnaud, Alan Hunt, Michael Adler, Lawrence O. Gostin, John P. Heinz, Roger Brownsword, Roger Cotterrell, Nicola Lacey, Carol J. Greenhouse, and David

Patent law protects the technical. It is seemingly objective in terminology and application. Yet studies show that males are significantly more likely than females to be the inventors of patented inventions. Patenting is not objective, it is gendered. The reasons for this are multiple and include the fact that patent law itself, including its presumptions and interpretation, is gendered. This article

Few modern‐day lawyers, and even fewer in the socio‐legal tradition, now believe in what Pound termed ‘mechanical jurisprudence’, whereby judges objectively and impassively analyse the law in order to arrive at the single correct legal answer hidden within. Not only does this idea do a great disservice to the complexity of the law, which is filled with gaps, rife with ambiguity, and full of opportunities

RADICAL MARKETS: UPROOTING CAPITALISM AND DEMOCRACY FOR A JUST SOCIETY by POSNER, ERIC A. AND WEYL, GLEN (Princeton, NJ: Princeton University Press, 2018, 368 pp., £25.00) PRICING LIVES: GUIDEPOSTS FOR A SAFER SOCIETY by VISCUSI, W. KIP (Princeton, NJ: Princeton University Press, 2018, 296 pp., £30.00)

This article is the fourth in a series introducing the reader to methods and theories relevant to advancing socio‐legal research. They are written for the curious rather than the expert reader and provide illustrations of how the theories, methods, and frameworks have been employed and might be used in your work.

‘Paedophile hunters’ have attracted global media attention. The limited literature on paedophile hunters, which documents their emergence in contemporary liberal democracies, pays scant attention to how their use of intrusive investigative methods may threaten the procedural rights of suspects and undermine the integrity of the criminal justice system. This article fills this normative ‘gap’ in the

This discussion derives from extended conversations between William Twining and David Sugarman in which William talks about his latest book, Jurist in Context: A Memoir (JIC). JIC recounts the development of William's thoughts and writings, addressing topics central to his life and research. The dialogue conveys and extends the arguments on a selection of the topics addressed in the book, engaging

Through consideration of new developments in the United Kingdom's intersex policy, this article traces the ways in which responsibility is produced, naturalized, and avoided by individuals, institutions, and the state. Jurisdiction is identified as a barrier to the attribution of responsibility that must be overcome to achieve progress in relation to the needs of intersex people. By bringing together

This article argues that an analytic framework based on participation is useful for analysing consumer experiences of alternative dispute resolution (ADR), providing a complementary approach to analyses drawing on procedural justice theory. The argument is developed by applying McKeever's ‘ladder of legal participation’ (LLP)1 to a qualitative data set consisting of interviews with United Kingdom consumers

Labour law has been thrown into turmoil in many large industrialized countries with democratic tradition and market economies. In fact, rapid economic globalization resulted in an irremediable decline in collective bargaining in most of the states that entered into the sphere of Anglo‐Saxon capitalism. On a first reading, the financial crisis of 2008 exacerbated this retreat of labour law back to its

In this erudite and powerfully argued book, Ngaire Naffine adds to her already distinguished contributions to feminist legal scholarship with a trenchant critique of the persistent patriarchy of criminal law, illuminating the sexed ways in which it ‘brings its characters into being’ (p. 148). Focusing on key cases, legislative arrangements, texts, and commentaries stretching from Matthew Hale in the

This article presents a new conceptual framework for research into tax fraud and law enforcement. Informed by research approaches from across tax law, public economics, criminology, criminal justice, economics of crime, and regulatory theory, it assesses the effectiveness, and the legitimacy, of current approaches to combating tax fraud, bringing new dimensions to previously identified trends in crime

This article addresses the role that computer software programs play in the sort of textual analysis that has typically been the preserve of the qualitative researcher. Drawing on two distinct research projects conducted separately by the authors, it considers the transformation of social science software from a competent assistant that can help to sort and retrieve data, to an intelligent assistant

This article examines how a politics of speed is manifest in a legal context via a detailed ethnography of the French National Court of Asylum (CNDA). It identifies the temporal, spatial, and organizational ordering techniques that characterize asylum appeals in France and discusses the consequences of these techniques for the way in which the appeal process is experienced by legal decision makers

Bharat Malkani's Slavery and the Death Penalty: A Study in Abolition is a welcome addition to the literature on capital punishment. The American death penalty, the book's focus, has long been closely associated with slavery and racial prejudice, but the book does something no other has so comprehensively: it draws remarkable parallels between – and then extrapolates valuable lessons to be learned from

For centuries, the judicial system has enabled the parties in dispute and/or their legal representatives to present evidence and arguments in support of their claims, and to dispute those of the other side in person and in court, after which a judge or, in criminal cases, a jury determines the outcome of the case. Now all this is set to change. In future, most cases will be lodged online, the parties

Before the law sits a gatekeeper. To this gatekeeper comes a man from the country who asks to gain entry into the law. But the gatekeeper says that he cannot grant him entry at the moment. The man thinks about it and then asks if he will be allowed to come in later on. ‘It is possible,’ says the gatekeeper, ‘but not now.’ At the moment the gate to the law stands open, as always, and the gatekeeper

Literature in law and political science has suggested a number of factors explaining choices on the implementation of constitutional review. However, so far little is known about how such factors combine in order to lead to different models of review. With the aid of configurational research, this article sheds light on that question for all countries of the current EU‐28. In this region, the Kelsenian

The so‐called positivist or objective view of the legal process that assumes separation between rational deliberation and the realm of emotions has long been challenged by socio‐legal scholars. Pioneers in this field have drawn our attention to the feeling rules, emotional labour, and management of emotions in court; pointed out the performative and dramaturgic aspects of the legal process; and reminded

Contemporary public health advocacy promotes a ‘fifth wave of public health’: a ‘cultural’ shift wherein the public's health becomes recognized as a common good, to be realized through concerted developments in the institutional, social, and physical environments. With reference to examples from anti‐tobacco policy, in this article I critically examine the fifth‐wave agenda in England. I explore it

The Public Services (Social Value) Act 2012 introduces a social value duty. It requires public authorities in England and Wales that are carrying out procurement activities to ‘consider’ how such activities might ‘improve … economic, social and environmental well‐being’. This article analyses qualitative, empirical data on how the social value duty has been interpreted and applied across local government

This article utilizes a novel framework to analyse the contested boundaries between law and medicine. Bringing theoretical and empirical insights together, it expands recent socio‐legal scholarship on jurisdiction. Jurisdictional analysis is conducted in an under‐researched area of health law – namely, the accessibility of trans‐related health care. The article draws upon the first qualitative research

In October 2016, the Home Secretary ruled out a public inquiry into the ‘Battle of Orgreave', arguing that ‘very few lessons’ could be learned from a review of practices of three decades ago. It was suggested that policing has undergone a progressive transformation since the 1984–5 miners’ strike, at political, legal, and operational levels. This article, in contrast, charts a significant expansion

This article examines how cause lawyers in conflicted and authoritarian societies balance their professional responsibilities as lawyers with their commitment to a political cause. It is drawn from extensive interviews with both lawyers and political activists in a range of societies. It focuses on the challenges for lawyers in managing relations with violent politically‐motivated clients and their

While there is abundant research on common law jury systems, we know less about lay participation in civil law crime trials, often called ‘mixed courts’ or alternately ‘mixed tribunals'. Here, a professional judge and a number of lay judges deliberate together on the issues of guilt and sentencing. This joint deliberation has naturally led both public opinion and research to focus on power relations

This article is a contribution to the occasional series dealing with a major book that has influenced the author. Previous contributors include Stewart Macaulay, John Griffith, William Twining, Carol Harlow, Geoffrey Bindman, Harry Arthurs, André‐Jean Arnaud, Alan Hunt, Michael Adler, Lawrence O. Gostin, John P. Heinz, Roger Brownsword, Roger Cotterrell, Nicola Lacey, and Carol J. Greenhouse.

This article charts how security‐cleared counsel have been constructed as a mechanism for managing the tension between security and fairness in secret trials and transferred across national boundaries as an example of ‘best practice', before going on to evaluate recent cross‐cultural and transnational research on this ‘best practice'. Particular attention is paid to the central role played by the European

This article considers the contribution of comparative empirical research in shaping best practice norms for custodial legal advice, and helping to address challenges in their implementation. It traces the role of ECtHR decisions and EU Directives in developing transnational norms to strengthen suspects’ right to legal assistance. Recognizing how these norms are translated into the national context