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‘Double vision’ in the interlegal: the situated pluri‐legal consciousness of British Muslim women Journal of Law and Society (IF 1.3) Pub Date : 2024-09-11 SIMRAN KALRA
Legal pluralism scholarship has argued that co‐existing legal orders interact. Individuals draw on exogenous norms to strategically resist social and legal constraints. Integrating the concepts of ‘situated legal consciousness’ and ‘interlegality’, I explore how identities within intersecting legal orders influence legal consciousness. To this end, I draw on a case study of the plurality in marriage
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Profilicity and online safety legislation Journal of Law and Society (IF 1.3) Pub Date : 2024-08-19 BERNARD KEENAN
This article applies the concept of profilicity to the emergence of online harms legislation. Grounded in social systems theory, profilicity designates a mode of self‐presentation prevalent in social media environments, though discernible in the growing number of situations where personal identity is mediated via a profile intended to be publicly observed. Profilicity is distinctly different to ‘sincere’
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Mock juries, real trials: how to solve (some) problems with jury science Journal of Law and Society (IF 1.3) Pub Date : 2024-08-19 LEWIS ROSS
Jury science is fraught with difficulty. Since legal and institutional hurdles render it all but impossible to study live criminal jury deliberation, researchers make use of various indirect methods to evaluate jury performance. However, each of these methods is open to methodological criticism and, strikingly, some of the highest‐profile jury research programmes in recent years have reached opposing
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The Social Constitution: Embedding Social Rights By Whitney K.Taylor, Cambridge: Cambridge University Press, 2023, 254 pp., £95.00 Journal of Law and Society (IF 1.3) Pub Date : 2024-08-14 CIARA FITZPATRICK
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Legalizing transphobia: from courtroom to legislature, how gender‐critical activism is hurting us all Journal of Law and Society (IF 1.3) Pub Date : 2024-08-06 MARK AUSTIN WALTERS
This article scrutinizes the strategic legal and political actions taken by gender‐critical feminist (GCF) scholars and activists aimed at curtailing protections afforded under existing equality law and criminal justice policies that safeguard transgender individuals against discrimination and victimization. Two prominent legal judgments are critically reviewed to highlight the phenomenon of crowdfunded
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Local authority intervention in private renting: from compliance to hardline enforcement Journal of Law and Society (IF 1.3) Pub Date : 2024-08-05 DAVE COWAN, ALEX MARSH, JENNIFER HARRIS
Drawing on data from two empirical projects concerned with local authority enforcement of standards in the private rented sector, this article argues that there are signs of greater use of formal enforcement approaches, and that these approaches are increasingly ‘hardline’. This finding runs counter to the existing scholarship on regulatory enforcement, which emphasizes securing compliance over formal
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States of Exception: Human Rights, Biopolitics, Utopia By CostasDouzinas, Cheltenham: Edward Elgar, 2023, 272 pp., £90.00 Journal of Law and Society (IF 1.3) Pub Date : 2024-07-29 DAVID MCGROGAN
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Philanthropy and environmental law Journal of Law and Society (IF 1.3) Pub Date : 2024-07-11 MARIA LEE, CAROLYN ABBOT
In this article, we begin to address the relative lack of scholarship on philanthropic engagement with environmental law. It is clear that big philanthropy exercises significant power in and over our discipline, in a variety of ways that extend beyond the granting (and, importantly, withholding) of funds for projects and activities. Power merits scrutiny. Building on a multi‐disciplinary literature
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Wikilegality and legal consciousness1 Journal of Law and Society (IF 1.3) Pub Date : 2024-07-11 DAVID NELKEN
This article begins by commenting on recent work on legal consciousness, concentrating especially on the pioneering work of Patricia Ewick and Susan Silbey and later commentary, including research by Ayelet Oz that attempts to extend their ideas to cases of non‐state private ordering such as Wikipedia. It goes on to outline some of the distinctive features of Wikipedia's legal system and its ambivalence
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Conflict and Transformation: Essays on European Law and Policy By ChristianJoerges, Oxford: Hart, 2022, 624 pp., £49.99 Journal of Law and Society (IF 1.3) Pub Date : 2024-07-08 AMANDINE CRESPY
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Authoritarian liquid transgressions: the case of P&O Ferries Journal of Law and Society (IF 1.3) Pub Date : 2024-05-24 IOANNIS KATSAROUMPAS
On 17 March 2022, P&O Ferries summarily dismissed 786 seafarers without notice or consultation in a clear and openly admitted transgression of legality, but two months later its parent company's chief executive officer claimed that ‘nobody was hurt’. Drawing on the work of Zygmunt Bauman and Alain Supiot, this article offers a critical account of the scandal based on three main arguments. First, it
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‘There is just nothing to hold on to in this case’: legal technicalities and the use of psychological reports in Chilean domestic violence procedures Journal of Law and Society (IF 1.3) Pub Date : 2024-05-23 IGNACIO RIQUELME ESPINOSA
This ethnographic study examines how Chilean family courts adjudicate domestic violence (DV) cases, highlighting a paradoxical shift away from their intended flexibility towards rigid bureaucratic procedure by examining the undue influence of psychological reports, which are expensive and difficult‐to‐obtain documents, on case outcomes. This research explores the role of these reports as ‘legal technicalities’
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Environmental public hearings and intersectionality: women's voices from Gujarat, India Journal of Law and Society (IF 1.3) Pub Date : 2024-05-22 GITANJALI NAIN GILL, FALGUNI JOSHI
This article examines the application of the intersectionality framework to the Indian statutory institutional environmental public hearing (EPH) process that seeks to promote environmental justice. Intersectionality provides a framework to capture the processes of gender marginalization and exclusion. It critically demonstrates how the required gender participation in the regulatory EPH process is
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The Bodyguards of Lies: Lawyers’ Power and Professional Responsibility By ChristopherWhelan, Oxford: Hart, 2022, 364 pp., £85.00 Journal of Law and Society (IF 1.3) Pub Date : 2024-05-20 AVROM SHERR
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Feminist Theory and International Law: Posthuman Perspectives By EmilyJones, London: Routledge, 2023, 216 pp., £35.99 Journal of Law and Society (IF 1.3) Pub Date : 2024-05-17 JANNICE KÄLL
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The familialization of terrorism and the securitization of the family: gendered narratives of infantilization and demonization Journal of Law and Society (IF 1.3) Pub Date : 2024-05-13 FATIMA AHDASH
This article examines the recent proliferation of gendered narratives underpinning and shaping counter‐terrorism laws, policies, and practices. Looking specifically at the United Kingdom, there has been shift in the place of women and gender within international and national security discourses and practices, from historic absence to contemporary presence and influence. The article identifies and critiques
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Placing Property: A Legal Geography of Property Rights in Land By AmandaByer, London, Palgrave Macmillan, 2023, 88 pp., £24.99 Journal of Law and Society (IF 1.3) Pub Date : 2024-05-01 ALEXANDRE (SANDY) KEDAR
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Trauma‐informed lawyering in the context of civil claims for sexual violence Journal of Law and Society (IF 1.3) Pub Date : 2024-04-29 NIKKI GODDEN‐RASUL, CLARE WIPER
Over the last decade, there has been an increase in civil compensation claims for sexual violence in the United Kingdom (UK). Given that trauma‐informed approaches have been called for in relation to legal responses to sexual violence, we put forward seven key principles of trauma‐informed lawyering in this context and draw on interviews with UK‐based civil lawyers who represented sexual violence survivors
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‘We can't help you – it doesn't concern us’: the legal consciousness of young people seeking asylum in Sweden who report violent crime Journal of Law and Society (IF 1.3) Pub Date : 2024-03-22 HANNA SCOTT
Young people seeking asylum face many different forms of violence, including violent crime, yet their illegalization, as well as their experiences of police contact and border violence, often lead to reporting of crime not being perceived as a safe or viable option. But what are the experiences of those who, in spite of their fears, do attempt to engage with law by reporting crime? Drawing on in-depth
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Shortcuts and detours of environmental collective legal mobilizations: the cases of the Atrato River and the Amazon region in Colombia Journal of Law and Society (IF 1.3) Pub Date : 2024-03-20 MARKUS CIESIELSKI, CARLOS ANDRÉS GARCÍA CARVAJAL, JULIETTE VARGAS TRUJILLO
Colombia's Atrato River and Amazon region were declared legal entities by Colombian judges in 2016 and 2018 respectively. This set the stage for a new era of environmental litigation in Colombia, in which a number of natural entities have been granted this status. In both contrasting cases, non-governmental organizations (NGOs) brought dramatic environmental harms to court through the special acción
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A bloody mess? UK regulation of menopause discrimination and the need for reform Journal of Law and Society (IF 1.3) Pub Date : 2024-03-19 SUE WESTWOOD
This article considers the regulation of menopause-related discrimination in the workplace. Many menopausal women experience profound workplace inequalities, often connected with the intersection of ageism and sexism. The United Kingdom Parliament's Women and Equalities Committee (WEC) recently recommended that the government consult about a new protected characteristic, ‘menopause’, and that Section
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Litigants in Person and the Family Justice System By JessicaMant, Oxford: Hart, 2022, 256 pp., £42.99 Journal of Law and Society (IF 1.3) Pub Date : 2024-03-16 JANE KRISHNADAS
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The Journal of Law and Society in context: a bibliometric analysis Journal of Law and Society (IF 1.3) Pub Date : 2024-03-11 CHRISTIAN BOULANGER, NAOMI CREUTZFELDT, JENNIFER HENDRY
On this, the occasion of its 50th anniversary, we employ a quantitative analysis of the Journal of Law and Society (JLS) to chart empirically the evolution of socio-legal studies in the United Kingdom (UK). By tracing the influence(s) of the JLS upon the development of UK socio-legal research, not only do we demonstrate a new mode of exploring knowledge production in the field of socio-legal studies
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Key book in my education: Hegel's The Phenomenology of Spirit Journal of Law and Society (IF 1.3) Pub Date : 2024-03-05 MARIANA VALVERDE
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
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‘Executive robbery’: UK public law, race, and ‘regimes of dispossession’ in the Chagos Archipelago Journal of Law and Society (IF 1.3) Pub Date : 2024-03-05 TANZIL CHOWDHURY
This article explores the relationship between United Kingdom (UK) public law and ‘regimes of dispossession’, taking the Chagos Archipelago as its point of departure. This article argues that this instance of dispossession, typically understood as fortifying the military power of the United States, was also part of a wider geography of states dispossessing land for a specific set of economic purposes
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Law's Memories By MattHoward, Cham: Palgrave Macmillan, 2023, 164 pp., £99.99 Journal of Law and Society (IF 1.3) Pub Date : 2024-02-22 LUIGI CORRIAS
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Care on the move: the gender care gap and intra-EU mobility Journal of Law and Society (IF 1.3) Pub Date : 2023-12-14 NINA MILLER
The structure, interpretation, and implementation of the European Union (EU) free movement of persons rules mean that when one's circumstances involve caring responsibilities, the quality of one's rights and protections under EU law diminishes. The consequence of this, in the context of the gender care gap, is that women who are exercising their free movement rights and living in another EU member
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‘Would any of them have suffered from a guilty conscience if they had won?’: Rudolf Wiethölter and post-Second World War German law1 Journal of Law and Society (IF 1.3) Pub Date : 2023-12-13 DOMENICO SICILIANO
This article reads the theory of law of the Frankfurter jurist Rudolf Wiethölter as an ambitious attempt to realize through law the indispensable radical democratization of post-Second World War German society. The occasion was provided by the resurgence of critical theory and the subsequent and related emergence and affirmation of the student protest movement of 1968 at the Goethe University Frankfurt
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Five angry men: advocating for and mobilizing EU gender equality law to advance men's rights Journal of Law and Society (IF 1.3) Pub Date : 2023-12-03 SOPHIA AYADA
This article analyses the impact of a men's rights organization involved in political lobbying and legal mobilization around gender equality issues at the European level since 1986. Drawing on the as-yet unexplored archival materials of the Campaign for Equal State Pension Ages (CESPA), an organization that had a membership of about 1,200 individuals in the 1990s and later rebranded itself as PARITY
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Achieving compliance in the use of force: the production and maintenance of an imminent threat in an aerial targeting operation Journal of Law and Society (IF 1.3) Pub Date : 2023-11-30 ALEXANDER HOLDER
This article provides a socio-legal analysis of the ways in which military personnel orient to the laws of war as they seek to produce and maintain lawful targets for the use of force. In order to further empiricize debates surrounding the United States’ (US) controversial interpretations of core concepts in the laws of war, the article takes up the concept of ‘imminence’ – which is fundamental to
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The emotional labour of judges in jury trials Journal of Law and Society (IF 1.3) Pub Date : 2023-11-27 COLETTE BARRY, CHALEN WESTABY, MARK COEN, NIAMH HOWLIN
Judges are required to suppress and manage their own emotions as well as those of other court users and staff in their everyday work. Previous studies have examined the complex emotional labour undertaken by judges, but there is limited research on the emotion management performed by judges in their interactions with jurors. Drawing on a qualitative study of judge–jury relations in criminal trials
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The making of neoliberal legality: the legal imagination of business elites and the ‘social constitutionalization’ of ‘free enterprise’ in Latin America Journal of Law and Society (IF 1.3) Pub Date : 2023-11-13 RICARDO VALENZUELA, RODRIGO CORDERO
The ‘free enterprise’ system is a normative cornerstone of many Latin American political constitutions and a formative principle of neoliberal legality. However, the way in which this economic model shapes the legal field and conceptions of the rule of law remains understudied. Though lawyers, judges, and legal experts have played an important role in the legal buttressing of the free enterprise model
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‘Human rights cities’ in Africa? Rights as resources for urban governance in the Global South Journal of Law and Society (IF 1.3) Pub Date : 2023-10-29 MARIUS PIETERSE
This article considers the use of human rights law as a resource for urban governance by African cities, thereby supplementing the growing literature on ‘human rights cities’ that has thus far focused on the experiences of cities in the Global North. It considers the motivations for and impact of human rights city initiatives, before taking a closer look at reported instances of rights invocation in
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‘The rules are all over the place’: Mass Observation, time, and law in the COVID-19 pandemic Journal of Law and Society (IF 1.3) Pub Date : 2023-09-25 SIÂN BEYNON-JONES, EMILY GRABHAM, NADINE HENDRIE
This article analyses practices of pandemic time making that surrounded the imposition and communication of laws restricting daily life in parts of the United Kingdom in spring 2020. With colleagues, we commissioned a Mass Observation Project directive in summer 2020, asking contributors about their everyday experience of time during the COVID-19 pandemic. We analyse how legal temporalities emerge
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Global legal change from below and above Journal of Law and Society (IF 1.3) Pub Date : 2023-09-22 TERENCE C. HALLIDAY
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
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Law, language, and the power of ‘invisible threats’ of violence against women Journal of Law and Society (IF 1.3) Pub Date : 2023-09-21 CATHERINE TURNER, AISLING SWAINE
Violence, and the threat of violence, is a pervasive feature of women's lives. From high-profile threats in politics to everyday harms such as domestic abuse, violence, threat, and intimidation control women's behaviour and silence their voices. Yet in many cases the pernicious and harmful effect of threat is not captured by the law. Drawing on the work of sociologist Pierre Bourdieu and empirical
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Epistemic othering: the interplay of knowledges in legislative drafting Journal of Law and Society (IF 1.3) Pub Date : 2023-09-20 KATI NIEMINEN, LAURA SARASOJA
In this article, we use the concept of epistemic othering to describe the subjectivation of people who experience debt problems in the legislative drafting process, and argue that the evidence-based policy paradigm, together with its participatory dimension, produce a potentially harmful subject position for people who are considered vulnerable and irrational. By analysing the preparatory material
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Introduction: Political constitutions in transnational society: introducing socio-legal and interdisciplinary perspectives Journal of Law and Society (IF 1.3) Pub Date : 2023-09-15 JIŘÍ PŘIBÁŇ
This Special Supplement of the Journal of Law and Society builds on the success of the Special Supplement Societal Constitutions in Transnational Legal Regimes, which was published in 2018 and focused on non-political societal constitutions and their transnationalization and globalization. This current volume revisits political constitutions and their recent societal evolution and transnationalization
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Transnational constitutionalism – conflicts-law constitutionalism – economic constitutionalism: the exemplary case of the European Union Journal of Law and Society (IF 1.3) Pub Date : 2023-09-07 CHRISTIAN JOERGES
Transnational constitutionalism is both a sociological given and a legal challenge. We observe the emergence of ever more legally framed transnational arrangements with ever more power and impact. Do such arrangements deserve to be called legitimate rule in Habermasian terms? Is it at all conceivable that the proprium of law can be defended against the rise of its informal competitors? This article
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Plurinational democracies in Europe: the quest for a profane constitutionalism Journal of Law and Society (IF 1.3) Pub Date : 2023-09-07 JOXERRAMON BENGOETXEA
How should we understand the claims on the right to decide on status made within plurinational member states of the European Union by actors and institutions seeking to protect the self-government of sub-state nations or peoples, or at least their right to consent to their ascribed status? Peaceful solutions to conflicts involving contested claims over territory, citizenship, and national sovereignty
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The economic constitution and the political constitution: seeking the common good in the post-national setting Journal of Law and Society (IF 1.3) Pub Date : 2023-09-04 MICHELLE EVERSON
In the post-national setting, the concept of the ‘economic constitution’ has been seen as design template and saviour; whether based on transactional certitude or founded on ordoliberal precepts, the economic constitution is assumed to legitimate economic integration across national borders in the absence of comprehensive political settlement. Nevertheless, recent tensions – not only within the European
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Coercion and justification: a global public reason perspective on Security Council reform Journal of Law and Society (IF 1.3) Pub Date : 2023-08-18 CARMEN E. PAVEL
The Security Council is the only international body capable of authorizing the use of force in cases other than self-defence. Its main mission is to protect international peace and security, and this has been reinterpreted in recent decades to include the protection of human rights in situations of grave humanitarian emergencies as well as to allow it to exercise legislative powers. Given this extraordinary
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Constitutionalism, populism, and the imaginary of the authentic polity: a socio-legal analysis of European public spheres and constitutional demoicratization Journal of Law and Society (IF 1.3) Pub Date : 2023-08-04 JIŘÍ PŘIBÁŇ
The sociology of constitutionalism emphasizes the duality of constitutions as both power limitations and power enhancements. Following the socio-legal perspective, this article focuses on the constitutional imaginary of the public sphere and distinguishes it from the imaginary of the authentic polity, in which the constituent power of the people is protected against the corrupting effect of representative
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Political constitutionalism in Europe revisited Journal of Law and Society (IF 1.3) Pub Date : 2023-08-03 MICHAEL A. WILKINSON
This article traces the disconnect in the constitutional study of the European Union from the Maastricht era to the euro crisis. In the Maastricht era, a discourse of ‘post-sovereignty’ came to dominate theoretical enquiry, reflecting but also distorting a number of material developments: the ‘end of history’, the retreat of critical theory into discourse analysis and systems theory, and the prioritization
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Democracy and emergency: finding the constitutional foundation of the knowledgeable state in social dynamics Journal of Law and Society (IF 1.3) Pub Date : 2023-07-28 MING-SUNG KUO
This article aims to bring to light the law–society dynamic relationship in constitutional governance by engaging with the question of political constitutionalism from the perspective of institutional epistemology. It first reframes the debate surrounding legal and political constitutionalism as one concerning the state's ‘epistemic competence’ in governance shaped by the constitution, and then traces
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Democratic representation and non-majoritarian actors in constitutional orders: a systemic analysis Journal of Law and Society (IF 1.3) Pub Date : 2023-07-24 CHIARA VALENTINI
A systemic analysis of constitutional democratic orders can shed light on two important aspects of political representation (PR): first, the complexity of PR as a plural endeavour involving various actors that perform different activities within a common framework; and second, the diachronic dimension of such an endeavour, which takes shape over time. The article elucidates both aspects with a focus
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‘No, buddy, I will not speak to the press – I am working!’: criminal justice and the interprofessional dynamics of communication production in the Chilean Public Prosecutorial Office Journal of Law and Society (IF 1.3) Pub Date : 2023-05-22 ISABEL ARRIAGADA, MARIANNE GONZÁLEZ LE SAUX, JAVIER WILENMANN, FELIPE ÁGUILA
This article analyses the interprofessional dynamics of communication production in the criminal justice system. Through 26 in-depth interviews, we investigate the production of media information on prosecutorial work in Chile, tracking the relationships between internal communication agents, prosecutors, and external legal journalists. Previous scholarship has shown the success of police organizations
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Indications of goal displacement induced by budget cuts and output management: a case study of a regulatory enforcement agency in the Netherlands Journal of Law and Society (IF 1.3) Pub Date : 2023-05-20 KEES HUIZINGA
A case study was conducted at a regulatory enforcement agency in the Netherlands to explore whether it might be affected by goal displacement and, if so, to gain insight into the possible causes of the phenomenon. The results indicate three distinct types of goal displacement, each of which appears to substantially impair the effectiveness of the agency in a specific way. It is argued that the combination
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Lawyers as infrastructures: mediations, blockages, and new possibilities in grassroots movements Journal of Law and Society (IF 1.3) Pub Date : 2023-05-19 HEBA M. KHALIL
What roles do lawyers play when their own subaltern communities are mobilizing for justice? Drawing on the case of anti-eviction mobilization on the island of Al-Warraq in Egypt, this article investigates the infrastructural roles of community lawyers in grassroots movements. As their profession transformed into an underpaid and undervalued occupation, masses of lawyers became precarious professionals
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Labour law after neoliberalism? Journal of Law and Society (IF 1.3) Pub Date : 2023-05-17 RUTH DUKES, WOLFGANG STREECK
Over the course of the past 40 years, neoliberalism has all but destroyed the institutions that once civilized labour markets. In the wake of that destruction, labour law reform is being driven in some jurisdictions by a new kind of right-wing populist politics. What does this hold in store for work relations? Our investigation of contemporary labour law begins with a brief look backwards to the pre-
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Epistemic emotions in prosecutorial decision making Journal of Law and Society (IF 1.3) Pub Date : 2023-05-17 NINA TÖRNQVIST, ÅSA WETTERGREN
The article examines epistemic emotions as part of the emotive-cognitive processes of prosecutors’ knowledge seeking and decision making in preliminary investigation and court proceedings. Drawing on ethnographic fieldwork, interviews, and shadowing of prosecutors in Sweden, we show how emotions motivate and orient prosecutors’ inquiries and the fundamental role of the ‘certainty–doubt spiral’ for
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The possible forms of professionalism: credibility and the performance of queer sexualities among barristers in England and Wales Journal of Law and Society (IF 1.3) Pub Date : 2023-03-10 MARC MASON, STEVEN VAUGHAN, BENJAMIN WEIL
This article constitutes the first account of sexual minority barristers’ experience of and relation to professionalism at the Bar. Drawing on survey and interview data, it presents the Bar as a site of heteronormativity, where masculinist heterosexuality is pervasively assumed and publicly valorized. The ‘credible’ barrister – authoritative, respected, competent – is constructed as heterosexual. In