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International Journal of Law in Context最新文献

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The right to food and substantive equality as complementary frameworks in addressing women's food insecurity 食物权和实质性平等是解决妇女粮食不安全问题的补充框架
IF 0.8 4区 社会学
International Journal of Law in Context Pub Date : 2023-03-01 DOI: 10.1017/s1744552323000022
Leavides G. Domingo-Cabarrubias
{"title":"The right to food and substantive equality as complementary frameworks in addressing women's food insecurity","authors":"Leavides G. Domingo-Cabarrubias","doi":"10.1017/s1744552323000022","DOIUrl":"https://doi.org/10.1017/s1744552323000022","url":null,"abstract":"\u0000 In international human rights law, the right to food has become a widely accepted legal and normative framework for tackling the problem of food insecurity. However, as currently formulated, the right to food is insufficient as a framework to tackle gender-specific barriers that impede women's access to food, which has contributed to the persistence of women's food insecurity globally. While the equal enjoyment of the right to food is guaranteed by the non-discrimination and equality provisions in international law, this notion of equality, associated with the formal equality approach, fails to recognise and address women's historical experience of systemic discrimination. This article argues that women's food insecurity should be approached from a broader formulation of the right to food that is informed by a substantive equality perspective, drawing from contemporary interpretations and elucidations by human rights bodies which have pushed for a more substantive notion of equality.","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46671215","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
Sitting at the Same Table: a cross-disciplinary ‘constitutional-institutionalist’ approach to the study of constitutions 坐在同一张桌子上:一个跨学科的“宪法制度主义”方法来研究宪法
IF 0.8 4区 社会学
International Journal of Law in Context Pub Date : 2023-02-27 DOI: 10.1017/s1744552323000034
R. Passchier, M. Stremler
{"title":"Sitting at the Same Table: a cross-disciplinary ‘constitutional-institutionalist’ approach to the study of constitutions","authors":"R. Passchier, M. Stremler","doi":"10.1017/s1744552323000034","DOIUrl":"https://doi.org/10.1017/s1744552323000034","url":null,"abstract":"\u0000 This article presents a cross-disciplinary approach to the study of constitutions: ‘constitutional institutionalism’. Conventional approaches in law, philosophy or political science tend to reduce constitutions either to their formal, factual or ideal aspects. The constitutional-institutionalist approach, by contrast, seeks to integrate these aspects into a more general perspective by focusing on the dynamic interplay between constitutional actors and constitutional norms. It understands constitutional norms as binding institutions that shape and constrain political action, but never fully determine it. Constitutional institutionalism furthermore asserts that constitutional norms, whatever form they take, only have meaning in relation to other constitutional norms as well as to constitutional actors, who impose meaning on these norms. Therefore, constitutional phenomena ultimately require interpretive explanations. This article concludes with a brief constitutional-institutionalist research agenda.","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2023-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46132161","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 African Court on Human and Peoples’ Rights: forging a jurisdictional frontier in post-colonial human rights 非洲人权和人民权利法院:建立后殖民时期人权的司法边界
IF 0.8 4区 社会学
International Journal of Law in Context Pub Date : 2023-02-27 DOI: 10.1017/s1744552323000046
M. A. Sanchez
{"title":"The African Court on Human and Peoples’ Rights: forging a jurisdictional frontier in post-colonial human rights","authors":"M. A. Sanchez","doi":"10.1017/s1744552323000046","DOIUrl":"https://doi.org/10.1017/s1744552323000046","url":null,"abstract":"\u0000 The African Court on Human and Peoples’ Rights (ACtHPR) was finally established in 2004 after decades of negotiations. Despite forty years of resistance from governments who were reluctant to sacrifice sovereignty to a supranational body, the African Charter on Human and Peoples’ Rights and its Protocol grant the ACtHPR far-reaching authority relative to other regional human rights courts. How did the ACtHPR end up with an expansive jurisdiction that is unprecedented among regional courts? This analysis proposes that legal experts’ ability to capture control over vital stages in the drafting of the African Charter and Protocol, thus limiting the influence of political advisors, yielded an institutional design that facilitated the ACtHPR's unique mandate. Furthermore, colonial legacies in newly-independent states pushed the founders of the African human rights system to envision an innovative, post-colonial human rights framework that integrated a wide-reaching spectrum of civil, political, economic, social and cultural rights.","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2023-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43440923","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
Torture and progress, past and promised: problematising torture's evolving interpretation 酷刑与进步，过去与未来:对酷刑不断演变的解释提出问题
IF 0.8 4区 社会学
International Journal of Law in Context Pub Date : 2023-02-23 DOI: 10.1017/s1744552323000010
Ergun Cakal
{"title":"Torture and progress, past and promised: problematising torture's evolving interpretation","authors":"Ergun Cakal","doi":"10.1017/s1744552323000010","DOIUrl":"https://doi.org/10.1017/s1744552323000010","url":null,"abstract":"\u0000 That international law progressively recognises and prohibits emergent forms of torture and related ill-treatment has become widely accepted in the anti-torture discourse. The premise that torture's techniques and contexts change is taken to shape juridical recognition, representation and response. Authoritative international treaties, such as the UN Convention Against Torture, the European Convention on Human Rights and the Inter-American Convention to Prevent and Punish Torture, are therefore deemed ‘living instruments’ – influenced by social and scientific change as channelled through the doctrine of dynamic interpretation. This article argues, however, that these premises are not sufficiently empirically grounded and, far from faithfully reflecting social and scientific changes, invoke critiques around the ideological and epistemological registers of advocates and adjudicators. Taking scholarship on dynamic interpretation and forms of state violence which do not leave overt physical marks as paradigmatic entry points, this article problematises torture's juridical conceptualisation and contextualisation through a critical theoretical lens.","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2023-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46022020","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
Ending disability segregated employment: ‘modern slavery’ law and disabled people's human right to work 结束残疾人隔离就业:“现代奴隶”法和残疾人的工作人权
4区 社会学
International Journal of Law in Context Pub Date : 2023-02-15 DOI: 10.1017/s174455232300006x
Linda Steele
{"title":"Ending disability segregated employment: ‘modern slavery’ law and disabled people's human right to work","authors":"Linda Steele","doi":"10.1017/s174455232300006x","DOIUrl":"https://doi.org/10.1017/s174455232300006x","url":null,"abstract":"Abstract Disability segregated employment (also referred to as ‘sheltered workshops’) violates disabled people's human right to work and employment. This article argues that modern slavery law might serve as one part of a broader strategy to end disability segregated employment, ensure accountability for the injustices within them and ensure equal access to open employment opportunities for disabled people. This is on the basis that disability segregated employment can be understood as a form of labour exploitation under modern slavery law – specifically forced labour and servitude. Modern slavery law is a useful legal tool to unseat deeply entrenched ableist attitudes of disability segregated employment as beneficial and necessary and build corporate/charity, public and government momentum towards the transition away from disability segregated employment, even if this particular area of law cannot itself legally compel the closure of sheltered workshops and an increase in open employment opportunities for disabled people.","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135638259","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 promise and limitations of Hong Kong's Women's Commission as a vehicle to drive gender equality 香港妇女事务委员会作为推动性别平等的工具的承诺和局限性
IF 0.8 4区 社会学
International Journal of Law in Context Pub Date : 2023-02-15 DOI: 10.1017/s1744552323000058
A. Barrow
{"title":"The promise and limitations of Hong Kong's Women's Commission as a vehicle to drive gender equality","authors":"A. Barrow","doi":"10.1017/s1744552323000058","DOIUrl":"https://doi.org/10.1017/s1744552323000058","url":null,"abstract":"\u0000 Drawing on a qualitative study of Hong Kong's Women's Commission (‘WoC’), this article examines how institutional mechanisms for the advancement of women function in a hybrid regime that includes both democratic and authoritarian elements. Hong Kong has a rights-based legal framework and equality agencies that support the operation of equality laws and policies. Paradoxically, Hong Kong's political system is non-democratic, and Beijing's Central People's Government is exerting more direct control on the territory. Grounded in qualitative interviews conducted with WoC members, non-governmental organisations, and scholars in Hong Kong, this article concludes that the WoC's full institutional potential in drawing attention to gender inequalities has not been realised. The implementation of authoritarian governance practices also has implications for the WoC's composition and agenda and may inhibit the development of progressive gender equality strategies to advance the status of women.","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2023-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49415485","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
Metaphysical Animals: How Four Women Brought Philosophy Back to Life By Clare Mac Cumhaill and Rachael Wiseman, London: Chatto & Windus, 2022. 416 pp. ISBN: 9781784743284 £25.00 (hardback) 《形而上学的动物:四个女人如何将哲学带回生活》，克莱尔·麦克·康姆希尔和瑞秋·怀斯曼著，伦敦:Chatto & Windus出版社，2022年。416页。ISBN: 9781784743284 25.00英镑(精装本)
IF 0.8 4区 社会学
International Journal of Law in Context Pub Date : 2023-01-25 DOI: 10.1017/s1744552322000544
Lorren Eldridge
{"title":"Metaphysical Animals: How Four Women Brought Philosophy Back to Life By Clare Mac Cumhaill and Rachael Wiseman, London: Chatto & Windus, 2022. 416 pp. ISBN: 9781784743284 £25.00 (hardback)","authors":"Lorren Eldridge","doi":"10.1017/s1744552322000544","DOIUrl":"https://doi.org/10.1017/s1744552322000544","url":null,"abstract":"","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2023-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42546234","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
Enacting a depoliticised alterity: law and traditional medicine at the World Health Organization. 制定一个非政治化的替代方案:世界卫生组织的法律和传统医学
IF 0.6 4区 社会学
International Journal of Law in Context Pub Date : 2022-12-01 Epub Date: 2022-04-19 DOI: 10.1017/S1744552322000143
Michael Ashworth, Emilie Cloatre
{"title":"Enacting a depoliticised alterity: law and traditional medicine at the World Health Organization.","authors":"Michael Ashworth, Emilie Cloatre","doi":"10.1017/S1744552322000143","DOIUrl":"10.1017/S1744552322000143","url":null,"abstract":"<p><p>This paper interrogates the depoliticising effects of a seemingly neutral regulatory drive at the heart of the World Health Organization (WHO)'s promotion of traditional medicine. Emerging at WHO in the late 1960s against a political backdrop of decolonisation and pan-Africanism, traditional medicine has continued to be promoted in subsequent decades, culminating in the latest global Traditional Medicine Strategy (2014 to 2023). Yet WHO's promotion and acceptance of traditional medicine have also become increasingly conditional upon its standardisation and regulation - something that appears fundamentally at odds with traditional medicine's heterogeneity. Drawing on insights from critical law and science and technology studies, we suggest that such a process at WHO has done more than simply disqualify the toxic and the dangerous. Rather, it has implicitly and explicitly marginalised and excluded those aspects of traditional medicine that deviate from scientific, biomedical ways of seeing, knowing and organising.</p>","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":"18 1","pages":"476-498"},"PeriodicalIF":0.6,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7616116/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44411084","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Review of Hanoch Dagan, A Liberal Theory of Property – ERRATUM 汉诺克·达甘:《自由主义财产理论》述评-勘误
IF 0.8 4区 社会学
International Journal of Law in Context Pub Date : 2022-12-01 DOI: 10.1017/S1744552322000301
Cathy Sherry
{"title":"Review of Hanoch Dagan, A Liberal Theory of Property – ERRATUM","authors":"Cathy Sherry","doi":"10.1017/S1744552322000301","DOIUrl":"https://doi.org/10.1017/S1744552322000301","url":null,"abstract":"Finally, the line ‘This is a fundamental impediment to creating freehold fee-simple titles to apartments, because those titles must be coupled with a necessary positive obligation to maintain the building’ should read ‘This is a fundamental impediment to creating freehold fee simple titles to apartments, because those titles must be coupled with a necessary positive obligation to maintain the building’.","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":"18 1","pages":"529 - 529"},"PeriodicalIF":0.8,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41669843","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
Law-jobs in the algorithmic society 算法社会中的法律工作
IF 0.8 4区 社会学
International Journal of Law in Context Pub Date : 2022-11-29 DOI: 10.1017/s174455232200043x
P. Fortes, David Restrepo Amariles
{"title":"Law-jobs in the algorithmic society","authors":"P. Fortes, David Restrepo Amariles","doi":"10.1017/s174455232200043x","DOIUrl":"https://doi.org/10.1017/s174455232200043x","url":null,"abstract":"\u0000 It is now well established that algorithms are transforming our economy, institutions, social relations and ultimately our society. This paper explores the question – what is the role of law in the algorithmic society? We draw on the law-jobs theory of Karl Llewellyn and on William's Twining refinement of Llewellyn's work through the perspective of a thin functionalism to have a better understanding of what law does in this new context. We highlight the emergence of an algorithmic law, as law performs jobs such as the disposition of trouble-cases, the preventive channelling and reorientation of conduct and expectations, and the allocation of authority in the face of algorithmic systems. We conclude that the law-jobs theory remains relevant to understanding the role of law in the algorithmic society, but it is also challenged by how algorithms redefine who does or should do what law-jobs, and how they are done.","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2022-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42676185","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
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