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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Books Received

Mon, 2019-05-20 16:00
Journal of Law and Society, Volume 46, Issue 2, Page 345-346, June 2019.
Categories: Journals

Gillian Douglas: Obligation and Commitment in Family Law

Mon, 2019-05-20 16:00
Journal of Law and Society, Volume 46, Issue 2, Page 328-333, June 2019.
Categories: Journals

Candice Delmas: A Duty To Resist: When Disobedience should be Uncivil

Mon, 2019-05-20 16:00
Journal of Law and Society, Volume 46, Issue 2, Page 334-339, June 2019.
Categories: Journals

Kaushik Basu: The Republic of Beliefs: A New Approach to Law and Economics

Mon, 2019-05-20 16:00
Journal of Law and Society, Volume 46, Issue 2, Page 340-344, June 2019.
Categories: Journals

Making Sense of the Numbers: The Shift from Non‐consensual to Consensual Debt Relief and the Construction of the Consumer Debtor

Mon, 2019-05-20 16:00

This article analyses trends in the number of individual insolvency proceedings in England and Wales, particularly a shift from non‐consensual debt relief to consensual Individual Voluntary Arrangements (IVAs) and, connected to that, an increased privatization of the process. Seeking to conceptualize IVA users, it builds on American scholarship linking the development of bankruptcy rates to the construction of the consumer debtor. Based on this theory and empirical evidence, its findings broadly indicate that a majority of IVA users do not match the image of a strategic actor. Rather, they belong to the most vulnerable groups, whose decision in favour of IVAs is the result of external constraints and irrational biases, which commercial providers tend to exploit. Building on this characterization of IVA users, the article contributes to the critical discussion of aforementioned trends, arguing that reforms should be contemplated to partially reverse them.

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A Strategic Approach to Regulating Unacceptable Forms of Work

Mon, 2019-05-20 16:00

Upgrading low‐waged and insecure work is central to contemporary labour and development initiatives, from the UN Sustainable Development Goals to the United Kingdom ‘Taylor Review’. The International Labour Organization's notion of unacceptable forms of work (UFW) is a crucial contribution. Yet the regulatory frameworks that can effectively address UFW are unclear. This article builds on a novel framework ‐ the Multidimensional Model of UFW. Drawing on theoretical literatures at the frontline of regulation scholarship, it proposes a strategic approach to UFW regulation that supports development, acknowledges the constrained resources of low‐income countries, and targets expansive and sustainable effects. Two key concepts are identified: points of leverage and institutional dynamism. Globally‐prominent regulatory frameworks are assessed as a starting point for mapping the strategic approach: the Mathadi Act of Maharashtra, India; Uruguayan domestic work legislation; minimum wages in the global North and South; and United Kingdom regulation of ‘zero‐hours contracts’.

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Legal Design for Practice, Activism, Policy, and Research

Mon, 2019-05-20 16:00

This article offers an original integrated introduction to how to think about what design can do for law; where to find examples of legal design; and how to assess it. It identifies clear points of contact between lawyerly concerns and designerly skills, knowledge, and attitudes. It proposes that designerly ways can directly improve lawyerly communication; and that they can also generate new structured‐yet‐free spaces in which lawyers can be at once practical, critical, and imaginative. The article foregrounds the, hitherto unrecognized, diversity of existing legal design practice by drawing examples from across four fields of lawyering: legal practice, legal activism, policy making, and legal research. Emphasis is placed throughout on the need for a critical approach to legal design – that is, for legal design to be thought about and done with a commitment to avoiding, exposing, and remedying biases and inequalities.

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Beyond the Gaze and Well Beyond Wolfenden: The Practices and Rationalities of Regulating and Policing Sex Work in the Digital Age

Mon, 2019-05-20 16:00

Drawing on the largest study of the United Kingdom online market in sexual labour to date, this article examines the legal and regulatory consequences as aspects of sex work increasingly take place within an online environment. Our research shows that while governmental policy has not kept abreast of these changes, the application of current laws (which have, since the 1950s, focused on public nuisance and, more recently, trafficking and modern slavery) are pernicious to sex workers and unsuited to recognizing and responding to the abuses and exploitation in online markets in sexual labour. These injustices are likely to be exacerbated if policies and policing do not better align with the realities of these markets in the twenty‐first century. This demands a more nuanced regulatory approach which recognizes that people may engage in sex work of their own volition, but which also addresses conditions of labour and criminal exploitation.

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Law and Rhetoric: Critical Possibilities

Mon, 2019-05-20 16:00

What contribution can rhetoric make to socio‐legal studies? Though now a byword for deception and spin, rhetoric was long identified with the very substance of law and politics. Latterly radical scholars have foregrounded an understanding of law as rhetoric in their polemics against legal formalism, but it needs to be complemented by a critical perspective which goes beyond simple revivalism, taking account of rhetoric's own blind spots, inquiring into the means by which some speakers and listeners are privileged and others excluded or silenced. The critical potential of legal rhetoric is tested here through a review of the developing law on mental capacity and the best interests of people with disabilities in England and Wales. Much of what is at stake there is properly grasped in terms of a politics of speech: who is addressed, who can speak, who must speak, and how are they represented in judicial and media discourse.

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Table of Contents

Mon, 2019-05-20 16:00
Journal of Law and Society, Volume 46, Issue 2, Page i-ii, June 2019.
Categories: Journals

SLSA E‐Newsletter

Mon, 2019-05-20 16:00
Journal of Law and Society, Volume 46, Issue 2, June 2019.
Categories: Journals