Legal Studies最新文献_第4页

Trans (legal) parenthood and the gender of legal parenthood 跨性别（合法）父母和合法父母的性别

IF 0.7 4区社会学

Legal Studies Pub Date : 2023-09-07 DOI: 10.1017/lst.2023.27

Alan Brown

{"title":"Trans (legal) parenthood and the gender of legal parenthood","authors":"Alan Brown","doi":"10.1017/lst.2023.27","DOIUrl":"https://doi.org/10.1017/lst.2023.27","url":null,"abstract":"\u0000 Trans identities are increasingly subjected to contentious public and political debate in the UK, and this has resulted in resource to the law across various contexts. Against that background, this paper considers trans legal parenthood after the decision in R (McConnell and YY) v Registrar General for England and Wales. This judgment held that a trans man who gave birth was the legal ‘mother’ of his child. The wider consequence is that trans legal parenthood will not reflect trans identities, but birth-assigned sex/gender, regardless of whether the parent holds a gender recognition certificate. Separate from this underlying social and political context concerning trans identities, the paper argues that legal parenthood is a flexible and pragmatic concept, which lacks inherent normative content, and which has previously proved capable of accommodating a variety of different familial and reproductive circumstances. The paper argues that the gendered descriptors of ‘mother’ and ‘father’, while remaining the law's default, are not inherent to legal parenthood. Thus, the paper concludes that, despite the ongoing political and cultural debates concerning trans identities, the existing concept of legal parenthood is capable of properly recognising trans parenthood, without requiring any fundamental changes to the concept itself.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":"1 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42330014","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 Attorney General and contempt of court – some political and constitutional concerns 司法部长和藐视法庭——一些政治和宪法问题

IF 0.7 4区社会学

Legal Studies Pub Date : 2023-09-07 DOI: 10.1017/lst.2023.26

John McGarry

引用次数: 0

The interpretation of policies in administrative law: the significance of audience 行政法政策阐释:受众的意义

IF 0.7 4区社会学

Legal Studies Pub Date : 2023-09-07 DOI: 10.1017/lst.2023.32

Alistair Mills

{"title":"The interpretation of policies in administrative law: the significance of audience","authors":"Alistair Mills","doi":"10.1017/lst.2023.32","DOIUrl":"https://doi.org/10.1017/lst.2023.32","url":null,"abstract":"\u0000 The interpretation of administrative policies is of great importance in contemporary public law. The correct approach to policy interpretation has, however, been subject to insufficient academic scrutiny. The effect of policies is to provide guidance: not only to decision-makers, but also to stakeholders in the decision. Obvious stakeholders include the applicant or the individual who is the subject of the administrative decision, but the scope of potential legitimate stakeholders may go far beyond this. In matters of general interest, the broader public may be guided by policy (for instance, whether to object to a proposal during a consultation exercise, or on what basis to object). When considering how policy should be interpreted, the court should have regard to the extent of the appropriate audience of the policy, specifically considering how the least expert reader of the policy would interpret it. This ‘least expert reader principle’ will assist in answering difficult questions, such as whether the court should have regard to the underlying evidence base when interpreting a policy. The courts should rely upon, and express their reasoning by reference to, the least expert reader principle, in order to increase the transparency of judgments in the field of policy interpretation.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46211153","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

LST volume 43 issue 3 Cover and Front matter 《地球科学》第43卷第3期封面和封面

4区社会学

Legal Studies Pub Date : 2023-09-01 DOI: 10.1017/lst.2023.28

引用次数: 0

LST volume 43 issue 3 Cover and Back matter LST第43卷第3期封面和封底

4区社会学

Legal Studies Pub Date : 2023-09-01 DOI: 10.1017/lst.2023.29

引用次数: 0

The importance of ‘acting yourself into new ways of thinking’: preliminary findings on the impact of embedding workplace experiences in law degrees to positively impact student skills growth, degree results and employment outcomes before and during a global pandemic “以新的思维方式行动”的重要性:关于在全球大流行之前和期间将工作场所经验纳入法律学位对学生技能增长、学位成绩和就业结果产生积极影响的初步调查结果

IF 0.7 4区社会学

Legal Studies Pub Date : 2023-07-03 DOI: 10.1017/lst.2023.18