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International Journal of Law in Context最新文献

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IJC volume 18 issue 2 Cover and Back matter IJC第18卷第2期封面和封底
IF 0.8 4区 社会学
International Journal of Law in Context Pub Date : 2022-06-01 DOI: 10.1017/S1744552322000222
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引用次数: 0
Hanoch Dagan and the liberal concept of autonomy Hanoch-Dagan与自由主义自治观
IF 0.8 4区 社会学
International Journal of Law in Context Pub Date : 2022-06-01 DOI: 10.1017/S1744552321000641
G. Alexander
{"title":"Hanoch Dagan and the liberal concept of autonomy","authors":"G. Alexander","doi":"10.1017/S1744552321000641","DOIUrl":"https://doi.org/10.1017/S1744552321000641","url":null,"abstract":"Scarcely anything these days is said in property circles about autonomy. Much is said about costs and about the structure of property (Smith, 2004; 2012). A few libertarians and Kantians, mainly from our neighbours to the North (Ripstein, 2009; Weinrib, 2012), do discuss independence, but independence is not the same as autonomy. Autonomy and its relationship to property are largely neglected topics. All that changes with the appearance of Hanoch Dagan’s important new book (Dagan, 2021). The greatest achievement of his book is to base property, as both a concept and an institution, on personal autonomy. This is a major contribution not only to property theory, but also to liberal theory in general, and it deserves a wide and diverse audience. There is a long tradition in liberal political and legal thought defining freedom in terms of independence, understood as a constraint on the conduct of others. Dagan departs from this tradition by defining freedom in terms of autonomy:","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":"18 1","pages":"237 - 240"},"PeriodicalIF":0.8,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43299189","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Discursive alignment of trafficking, rights and crime control 贩卖人口、权利和犯罪控制的分散协调
IF 0.8 4区 社会学
International Journal of Law in Context Pub Date : 2022-05-27 DOI: 10.1017/s1744552322000209
M. Pinto
{"title":"Discursive alignment of trafficking, rights and crime control","authors":"M. Pinto","doi":"10.1017/s1744552322000209","DOIUrl":"https://doi.org/10.1017/s1744552322000209","url":null,"abstract":"\u0000 Since the 1990s, human trafficking has become the battleground for competing discourses on human rights and penality. While rights solutions are generally presented as in opposition to crime-control measures, in the context of anti-trafficking interventions, rights-based initiatives and criminal governance are often linked together both discursively and in practice. Drawing on the findings of Discourse Analysis of 120 texts about trafficking, this paper explores how dominant discourses and alternative voices construct the relationship between human rights and penality. It is contended that penality is framed as a crucial tenet of human rights. Dominant discourses (the ‘law enforcement’ and the ‘victims first’ discourses) link human rights to state coercive action, seen as a necessary component of their effectiveness. Alternative voices (the ‘incompatibility’ and the ‘transformative justice’ discourses) reject the appropriateness of penal intervention, but they end up preserving what they denounce.","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2022-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43387156","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Inclusive education and the law in Ireland 爱尔兰的全纳教育和法律
IF 0.8 4区 社会学
International Journal of Law in Context Pub Date : 2022-05-25 DOI: 10.1017/s1744552322000180
Muiread Murphy, S. Thompson, David M. Doyle, D. Ferri
{"title":"Inclusive education and the law in Ireland","authors":"Muiread Murphy, S. Thompson, David M. Doyle, D. Ferri","doi":"10.1017/s1744552322000180","DOIUrl":"https://doi.org/10.1017/s1744552322000180","url":null,"abstract":"By ratifying the UN Convention on the Rights of Persons with Disabilities (CRPD) in 2018, Ireland has undertaken inter alia the obligation to implement ‘an inclusive education system at all levels and lifelong learning’, as required by Article 24. However, concerns have been repeatedly expressed about the practice of inclusive education in Ireland in terms of admission policies, funding, school choice and reduced timetabling. This paper investigates whether, and to what extent, the current approach to special educational needs (SEN) in Ireland complies with the aim of ensuring an inclusive educational system in which children with disabilities are valued and empowered. Ireland is an interesting case-study due to its history of marginalisation of children with disabilities and its relatively recent engagement with the concept of inclusive education. By using a socio-legal approach, drawing on qualitative interviews with key stakeholders in education combined with a legal analysis of relevant primary and secondary sources, it examines the current practices relating to the education of children with disabilities in Ireland.","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":"1 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2022-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42453221","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Women and self-defence: an empirical and doctrinal analysis 妇女与自卫：实证和理论分析
IF 0.8 4区 社会学
International Journal of Law in Context Pub Date : 2022-04-22 DOI: 10.1017/S1744552322000131
Rachel McPherson
{"title":"Women and self-defence: an empirical and doctrinal analysis","authors":"Rachel McPherson","doi":"10.1017/S1744552322000131","DOIUrl":"https://doi.org/10.1017/S1744552322000131","url":null,"abstract":"Abstract The problem of women's access to self-defence has been internationally recognised. This paper presents original empirical data on women's use of self-defence in practice alongside critical feminist analysis of the requirements of self-defence under Scots law. The empirical findings confirm that women are rarely successful with self-defence at trial level and the doctrinal analysis further demonstrates that self-defence does not adequately reflect women's experience of violence, especially sexual violence, and instead continues to reflect male experiences of (public) violence. It is intended that this research will form part of a larger developing evidence base, the type of which has been called for (Fitz-Gibbon and Vannier, 2017) and can be used to support reform in this area. As such, it represents a significant contribution to socio-legal work that has considered the issue of women's access to criminal defences.","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":"18 1","pages":"461 - 475"},"PeriodicalIF":0.8,"publicationDate":"2022-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47684294","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Race-making, religion and rights in the post-colony: unmasking the pathogen in assembling a Hindu nation 后殖民时代的种族制造、宗教和权利:揭露印度教国家形成过程中的病原体
IF 0.8 4区 社会学
International Journal of Law in Context Pub Date : 2022-04-20 DOI: 10.1017/S1744552322000155
R. Kapur
{"title":"Race-making, religion and rights in the post-colony: unmasking the pathogen in assembling a Hindu nation","authors":"R. Kapur","doi":"10.1017/S1744552322000155","DOIUrl":"https://doi.org/10.1017/S1744552322000155","url":null,"abstract":"Abstract This paper intervenes in critical socio-legal/post-colonial scholarship on human rights directed at how religion is constitutive of race and shapes who and what is regarded as ‘human’ and entitled to rights. It focuses on the Indian post-colony and legal persecution of the Tablighi Jamaat, a global, quietest Islamic movement, by the Hindu Right government during the Covid pandemic. It analyses how religion structures race in Hindu nationalist discourse to transform the Muslim into a perpetual outsider and an existential and epistemic threat to the Hindu nation and rights of the Hindu racial majority. The discussion connects to the epistemic anxiety generated by the alternative worldviews presented by this racialised ‘Other’ that shape legal consciousness and rights interventions globally. In complicating how anti-Muslim racism and Islamophobia are integral to the transnational histories of race and race-making, the analysis triggers a rethinking of human rights interventions and the epistemological closures they enact.","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":"18 1","pages":"499 - 516"},"PeriodicalIF":0.8,"publicationDate":"2022-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43539926","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The opportunity and limitation of legal mobilisation for social struggles: a view from the Argentinian factory recuperation movement 社会斗争的法律动员的机会和限制:来自阿根廷工厂恢复运动的观点
IF 0.8 4区 社会学
International Journal of Law in Context Pub Date : 2022-03-09 DOI: 10.1017/S1744552322000106
J. Meakin
{"title":"The opportunity and limitation of legal mobilisation for social struggles: a view from the Argentinian factory recuperation movement","authors":"J. Meakin","doi":"10.1017/S1744552322000106","DOIUrl":"https://doi.org/10.1017/S1744552322000106","url":null,"abstract":"Abstract This paper examines the tension between law's opportunity to deliver social transformation and the normative limitations that shape its effectiveness as a tool of social struggle. The role of law's normative limitations on legal mobilisation strategies, or the effect of entrenched social interests on permissible legal claims, has not been properly conceptualised in legal mobilisation scholarship. In response, this paper presents a conceptual framework that comprehends the opportunity and limitation of legal mobilisation as caught in the tension between the interpretive opportunity to redetermine legal meaning and the normative deficit inherent to this task. By re-engaging with the theoretical underpinnings of legal mobilisation, we will evaluate the potential for certain types of social transformation using law and revisit the rationale for strategic legal action. We will bring together our conceptual treatment of legal mobilisation with a sobering analysis of the Argentinian factory recuperation movement's mobilisation of legal demands. The movement's relative success in confronting the legal system's commitment to private property rights and winning protections for worker co-operatives presents an opportunity to learn about the effective potential of legal strategy and the extent to which it can be used to confront the normative commitments of a legal system.","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":"18 1","pages":"196 - 212"},"PeriodicalIF":0.8,"publicationDate":"2022-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42488652","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Legal consciousness and migration: towards a research agenda 法律意识与移民:走向一个研究议程
IF 0.8 4区 社会学
International Journal of Law in Context Pub Date : 2022-03-07 DOI: 10.1017/S1744552322000118
A. Güdük, Ellen Desmet
{"title":"Legal consciousness and migration: towards a research agenda","authors":"A. Güdük, Ellen Desmet","doi":"10.1017/S1744552322000118","DOIUrl":"https://doi.org/10.1017/S1744552322000118","url":null,"abstract":"Abstract This paper reviews scholarship regarding migrants’ legal consciousness. After discussing the personal, geographic and methodological scope of the reviewed studies, the conceptualisation of legal consciousness is examined in light of evolutions in general legal consciousness studies. Thereafter, factors emerging as shaping migrants’ legal consciousness are analytically clustered at four levels: individual characteristics, relational factors, cultural dynamics, and public policies and discourse. Future research on legal consciousness could shift its gaze towards understudied migrant groups as well as places. We suggest being more explicit regarding the conceptualisation of dimensions of what is ‘legal’ and of ‘consciousness’, and adopting a pluralist approach to law. The analytical grouping of the factors impacting migrants’ legal consciousness may serve as a useful reference point for future research and facilitate a more comprehensive appraisal of the various dynamics shaping migrants’ legal consciousness.","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":"18 1","pages":"213 - 228"},"PeriodicalIF":0.8,"publicationDate":"2022-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43767888","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
In or against the state? Hospitality and hostility in homelessness charities and deportation practice 支持还是反对国家？无家可归者慈善机构和驱逐出境做法中的好客和敌意
IF 0.8 4区 社会学
International Journal of Law in Context Pub Date : 2022-03-01 DOI: 10.1017/S1744552322000015
R. Dobson, S. Turnbull
{"title":"In or against the state? Hospitality and hostility in homelessness charities and deportation practice","authors":"R. Dobson, S. Turnbull","doi":"10.1017/S1744552322000015","DOIUrl":"https://doi.org/10.1017/S1744552322000015","url":null,"abstract":"Abstract This paper examines how deportation became a solution to rough sleeping in pre-Brexit England. It identifies relationships between the social regulation of vulnerable and marginalised adults, contemporary governance arrangements and bordering practices characteristic of Britain's ‘hostile environment’. Drawing on media reports and grey organisational literature, the focus of discussion is events across 2015–2018 in which three London-based charities were criticised for working with the Home Office to deport homeless migrants under its European Economic Area Administrative Removal policy. The overall tenor of criticism was that collaboration with the government compromised the organisations’ independence and charitable missions and aims. This diminished their capacity to both advocate for vulnerable adults and effectively challenge oppressive state practices. The paper observes how state and nonprofit relations structure institutional and socio-legal responses to marginalised and ‘othered’ adults through commissioning and contracting mechanisms. It demonstrates that the social and legal control of homeless migrants may be differently constituted by institutions delivering services in relation to citizenship, vulnerability and marginalisation. This analysis incorporates a broader appraisal of institutional motivations, values and beliefs in social welfare delivery, including the historic role of charitable agencies in the criminalisation of social welfare users. Taken together, the paper offers an interdisciplinary critique of the relationships between border control, neoliberal governance and the sociocultural and historic construction of homeless migrants.","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":"18 1","pages":"25 - 40"},"PeriodicalIF":0.8,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43207125","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Exorcism and children: balancing protection and autonomy in the legal framework 驱魔与儿童：法律框架中保护与自主的平衡
IF 0.8 4区 社会学
International Journal of Law in Context Pub Date : 2022-03-01 DOI: 10.1017/S1744552322000052
Javier García Oliva
{"title":"Exorcism and children: balancing protection and autonomy in the legal framework","authors":"Javier García Oliva","doi":"10.1017/S1744552322000052","DOIUrl":"https://doi.org/10.1017/S1744552322000052","url":null,"abstract":"Abstract This paper examines the current legal framework in relation to minors who are the recipients of exorcism. Such individuals are ordinarily doubly marginalised, by virtue of their membership of a minority religious or cultural community and their disempowered position as children. This piece aims to assess whether the current arrangements strike an appropriate balance between respecting personal and collective autonomy, as well as protecting vulnerable young people, paying particular attention to the impact of their intersectional position and multiple marginalising factors at play. It seeks to define exorcism and emphasise the very diverse settings in which it arises within twenty-first-century England and Wales. It examines proposals being made for a blanket prohibition in relation to children, considering both the desirability and viability of a ban. It also highlights that exorcism is not the only context in which religious minors will find themselves in a position of multiple marginalisation, and explores what debates in this area might reveal about the wider operation of Article 9 and the ECHR.","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":"18 1","pages":"55 - 68"},"PeriodicalIF":0.8,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41937014","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
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