Journal of Law and Society

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Table of Contents for Journal of Law and Society. List of articles from both the latest and EarlyView issues.
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Charlotte O'Brien: Unity in Adversity: Eu Citizenship, Social Justice and the Cautionary Tale of the UK

Wed, 2019-11-06 15:29
Journal of Law and Society, Volume 46, Issue 4, Page 697-698, December 2019.
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Books Received

Wed, 2019-11-06 15:29
Journal of Law and Society, Volume 46, Issue 4, Page 699-701, December 2019.
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Table of Contents

Wed, 2019-11-06 15:29
Journal of Law and Society, Volume 46, Issue 4, Page i-ii, December 2019.
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Index

Wed, 2019-11-06 15:29
Journal of Law and Society, Volume 46, Issue 4, Page 702-705, December 2019.
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Renisa Mawani: Across Oceans of Law: The Komagata Maru and Jurisdiction in the Time of Empire

Wed, 2019-11-06 15:29
Journal of Law and Society, Volume 46, Issue 4, Page 662-665, December 2019.
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Tom Ginsburg and Aziz Z. Huq: How to Save a Constitutional Democracy

Wed, 2019-11-06 15:29
Journal of Law and Society, Volume 46, Issue 4, Page 666-672, December 2019.
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David Churchill: Crime Control and Everyday Life in the Victorian City: The Police and The Public

Wed, 2019-11-06 15:29
Journal of Law and Society, Volume 46, Issue 4, Page 673-677, December 2019.
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Marc Hertogh: Nobody's Law: Legal Consciousness and Legal Alienation in Everyday Life

Wed, 2019-11-06 15:29
Journal of Law and Society, Volume 46, Issue 4, Page 678-683, December 2019.
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Josephine Jarpa Dawuni and Akua Kuenyehia: International Courts and the African Woman Judge: Unveiled Narratives

Wed, 2019-11-06 15:29
Journal of Law and Society, Volume 46, Issue 4, Page 684-690, December 2019.
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Richard Moorhead, Steven Vaughan, and Cristina Godinho: In‐House Lawyers’ Ethics: Institutional Logics, Legal Risk and the Tournament of Influence

Wed, 2019-11-06 15:29
Journal of Law and Society, Volume 46, Issue 4, Page 691-696, December 2019.
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The Way in Which Fee Reductions Influence Legal Aid Criminal Defence Lawyer Work: Insights from a Qualitative Study

Wed, 2019-11-06 15:29

This article examines how fee reductions influence criminal defence lawyers’ work. Data from 29 qualitative interviews with English defence solicitors and barristers are analysed in order to understand the way in which cuts to fees paid by government for criminal legal aid work can operate to influence criminal defence lawyers’ working practices. I use game theory and Bourdieu's concepts of habitus and field to build a theoretical construct illustrating the invidious position current financial conditions place criminal legal aid lawyers in. I argue that these conditions reward and encourage perceived poor practices and values to thrive at the expense of other concerns – such as the conviction of the guilty, acquittal of the innocent, fair treatment of both victims and defendants, and value for the taxpayer. Ultimately, I argue that criminal legal aid lawyers are set up to fail by the current financial conditions within which they must work.

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Lessons from Orgreave: Police Power and the Criminalization of Protest

Wed, 2019-11-06 15:29

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 of state control over public protest since the strike, including a proliferation of public order offences and an extension of pre‐emptive policing powers. Whilst concerns have been raised about the impact of these developments on protest rights, there is an absence of socio‐legal research into the operation of public order powers in practice. In this article, I begin to fill this lacuna. Drawing on three empirical case‐studies of protesters’ experiences of arrest and the criminal justice process, I highlight the relevance of Orgreave for contemporary policing practice.

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Reading Foucault: An Ongoing Engagement

Wed, 2019-11-06 15:29

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.

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Cause Lawyers, Political Violence, and Professionalism in Conflict

Wed, 2019-11-06 15:29

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 movements. Using the notion of ‘legitimation work', it seeks to examine the complex, fluid, and contingent understandings of legal professionalism that is developed in such contexts, offering three overlapping ‘ideal types’ of cause lawyers in order to better understand the meaning of legal professionalism in such sites: (a) struggle lawyers (b) human rights activists and (c) a ‘pragmatic moral community'. The article concludes by re‐examining how law is imagined in the legitimation work of cause lawyers in such settings and how that work is remembered in the transition from violence.

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Lay Participation in Danish Crime Trials: On the Interaction between Lay and Professional Judges during Deliberation

Wed, 2019-11-06 15:29

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 such as lay judges’ dependence on the professional judges. Based on an ethnographic study of deliberation processes, the present article offers a different perspective on lay judges’ contribution and argues that their decision making rests on a hybrid construction of knowledge in the continuous interaction between the professional judge and lay participants during deliberation. The analysis of this decision‐making process contributes to our understanding of how ordinary people selected for this civic duty create knowledge about justice.

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Learning from Elsewhere: From Cross‐cultural Explanations to Transnational Prescriptions in Criminal Justice. An Introduction

Sun, 2019-10-20 17:09
Journal of Law and Society, Volume 46, Issue S1, Page S1-S11, October 2019.
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Understanding Transnational Policy Flows in Security and Justice

Sun, 2019-10-20 17:09

This article examines the contribution of scholarly work on ‘policy transfer’ and related concepts to our knowledge of how far, and in what ways, particular policy ‘models’ of security and justice travel across national boundaries, and what might explain this phenomenon. The article begins by summarizing the key findings of extant empirical studies of cross‐national policy movement in the fields of crime, security, and justice. It then considers the normative dimension to debates about policy transfer, observing that much of the literature adopts a pessimistic position about the problematic nature of international policy movement in security and justice, and discusses some of the reasons for such pessimism. The article then reflects on ways in which normative principles could be applied to considerations of prospective policy transfer, and the implications for the broader possibilities for ‘progressive’ policy transfer in relation to crime, security, and justice.

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Whose Best Practices? The Significance of Context in and for Transnational Criminal Justice Indicators

Sun, 2019-10-20 17:09

To what extent is it possible to identify transnational good or best practice and what are the difficulties and challenges in doing so validly? The claim made in this article is that it may be helpful to examine the spread of global social indicators as a series of projects that themselves reproduce ideas of what counts as ‘good’ practice. This will help identify the ‘politics of comparison’ in each case. Taking as an example recent calls for criminologists to engage with the global targets for change set by the United Nations, the article discusses the aims of comparison, the uses of indicators, and the way that commensuration misrepresents contexts in the drive to evaluate local conditions in terms of overarching standards. It then revisits the debate concerning the so‐called knowledge and governance ‘effects’ of global social indicators.

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Explaining, Interpreting, and Prescribing: Some Tensions and Dilemmas in the Comparative Analysis of Youth Justice Cultures

Sun, 2019-10-20 17:09

This chapter reflects on the implications of a cross‐cultural empirical research study on youth justice in Italy and Wales for transnational prescription of good practice. It examines the challenges in doing comparative studies which isolate the influence of particular elements of criminal justice regimes. Such analysis may seem well suited to transnational policy prescription in that particular elements are more easily transposed than whole systems. But institutional categories and practice may be so culturally imbedded that it becomes very difficult to understand their influence outside those particular cultural contexts. The article goes on to examine the potential (and the limitations) for transnational policy prescription of more holistic interpretive approaches to explanation rooted in analysis of legal cultures. It concludes that such approaches can expand the range of possible policy choices in terms of transnational prescription but cannot offer a means to predict their precise effects.

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Fixing Transnational Drug Policy: Drug Prohibition in the Eyes of Comparative Law

Sun, 2019-10-20 17:09

Drug prohibition allows us to study over a significant period of time how penal provisions framed at a supranational level flow, settle, and unsettle across different countries. At a time of growing doubt about the benefit of criminalization of drug use, it also provides a case‐study as to how epistemic communities may rely on comparative research to identify best practices and promote them as normative alternatives in the face of a long‐entrenched legal dogma. In order to explore these issues, this article looks at the UN drug control system from the perspective of comparative law. It shows how the concept of legal transplant provides a useful tool to understand the limits of transnational criminal law designed on a global scale to tackle the ‘drug problem', and it clarifies the various types of legal comparison that might contribute to addressing this failed transplant.

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