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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Constitutional Review in the Member States of the EU‐28: A Political Analysis of Institutional Choices

Wed, 2020-03-18 19:00
Abstract

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 model of specialized courts, the system of review by the judicial branch, and the model of parliamentary sovereignty still currently coexist. This article shows that phenomena such as the type of legal family of the country, an authoritarian past, or political fragmentation play a major role in choices of models of constitutional review. However, it is only when they combine that they are capable of leading to particular outcomes.

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A People's Constitution: The Everyday Life of Law in the Indian Republic by Rohitde (Princeton: Princeton University Press, 2018, £38.00, 296 pp.)

Wed, 2020-03-18 19:00
Journal of Law and Society, Volume 47, Issue 1, Page 182-186, March 2020.
Categories: Journals

Slavery and the Death Penalty: A Study in Abolition by BharatMalkani(London: Routledge, 2018, 232 pp., $112.00)

Wed, 2020-03-18 19:00
Journal of Law and Society, Volume 47, Issue 1, Page 164-169, March 2020.
Categories: Journals

Justice in the Digital State: Assessing the Next Revolution in Administrative Justice by JoeTomlinson (Bristol: Policy Press, 2019, 97 pp., £12.99 (pbk))

Wed, 2020-03-18 19:00
Journal of Law and Society, Volume 47, Issue 1, Page 170-174, March 2020.
Categories: Journals

Law and Speed: Asylum Appeals and the Techniques and Consequences of Legal Quickening

Wed, 2020-03-18 17:00
Abstract

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 and subjects. It reveals adverse impacts of legal quickening on legal quality, in particular through identifying: ‘cracks’ in the performance of legal roles like lawyer and judge that begin to appear when law is executed rapidly and repetitively; dwindling opportunities to demonstrate and experience respect between parties; and the ‘thinning‐out’ of legal process, as heuristics rather than deliberation come to dominate legal reasoning. The article contributes to a burgeoning body of socio‐legal literature on law and time by establishing the negative impact of excessive legal quickening on role performance, respect, and legal quality.

Categories: Journals

Constitutional Review in the Member States of the EU‐28: A Political Analysis of Institutional Choices

Wed, 2020-03-18 17:00
Abstract

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 model of specialized courts, the system of review by the judicial branch, and the model of parliamentary sovereignty still currently coexist. This article shows that phenomena such as the type of legal family of the country, an authoritarian past, or political fragmentation play a major role in choices of models of constitutional review. However, it is only when they combine that they are capable of leading to particular outcomes.

Categories: Journals

The Legal and Social Construction of Value in Government Procurement Markets

Wed, 2020-03-18 17:00
Abstract

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 in England. Although only a weak legal duty, this law has made a notable impact on practice. The article explains the changes brought about in practice under the social value duty and seeks to understand why these changes have occurred. It does so by recognizing local government procurement markets, as well as local government organizations themselves, as strategic action fields. In these fields, there are competing visions for social value. It is through conversations between actors that a common meaning comes to be attached to the law.

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Jurisdiction in Trans Health

Wed, 2020-03-18 17:00
Abstract

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 project to assess the impact of self‐declaration of legal gender status in Denmark. This was adopted in 2014, at the same time as access to hormones and surgeries was centralized and restricted. The combined impact of these reforms disappointed the trans people interviewed, which demonstrates the importance of identifying how legal and medical norms interrelate. Jurisdictional analysis helps to illuminate how law was used to develop and protect professional competencies. Such insights will be valuable for researchers interested in the potential of self‐declaration, and for scholars of health law and socio‐legal studies more generally.

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Smoke Free? Public Health Policy, Coercive Paternalism, and the Ethics of Long‐Game Regulation

Wed, 2020-03-18 17:00
Abstract

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 as an approach that, in the face of liberal individualism, works through a ‘long‐game’ method of progressive social change. Given the political context, and a predominant concern with narrow understandings of legal coercion, I explain how efforts are made to apply what are presented as less ethically contentious framings of regulatory methods, such as are provided by ‘libertarian paternalism’ (‘nudge theory’). I argue that these fail as measures of legitimacy for long‐game regulation: the philosophical foundations of public health laws require a greater – and more obviously contestable, but also more ambitious – critical depth.

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‘Couldn't You Have Got a Computer Program to Do That for You?’ Reflections on the Impact that Machines Have on the Ways We Think About and Undertake Qualitative Research in the Socio‐Legal Community

Wed, 2020-03-18 17:00
Abstract

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 capable of independently finding trends and counter‐arguments, to a co‐investigator capable of doing things that human researchers cannot. In addition to challenging some of the claims of ‘siliconistas’, this article considers the impact of new technology on the aesthetics of research and the professional identity of qualitative researchers. In doing so, it raises some important questions about how well we are training early‐career academics for the challenges that they are likely to face in the future world of socio‐legal empirical research.

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Professional Emotions in Court: A Sociological Perspective by StinaBergman Blix and ÅsaWettergren. (London: Routledge, 2020, 194 pp., £36.99)

Wed, 2020-03-18 17:00
Journal of Law and Society, Volume 47, Issue 1, Page 187-191, March 2020.
Categories: Journals

A People's Constitution: The Everyday Life of Law in the Indian Republic by Rohitde (Princeton: Princeton University Press, 2018, £38.00, 296 pp.)

Wed, 2020-03-18 17:00
Journal of Law and Society, Volume 47, Issue 1, Page 182-186, March 2020.
Categories: Journals

Slavery and the Death Penalty: A Study in Abolition by BharatMalkani(London: Routledge, 2018, 232 pp., $112.00)

Wed, 2020-03-18 17:00
Journal of Law and Society, Volume 47, Issue 1, Page 164-169, March 2020.
Categories: Journals

Justice in the Digital State: Assessing the Next Revolution in Administrative Justice by JoeTomlinson (Bristol: Policy Press, 2019, 97 pp., £12.99 (pbk))

Wed, 2020-03-18 17:00
Journal of Law and Society, Volume 47, Issue 1, Page 170-174, March 2020.
Categories: Journals

Table of Contents

Wed, 2020-03-18 17:00
Journal of Law and Society, Volume 47, Issue 1, Page 1-1, March 2020.
Categories: Journals