Social & Legal Studies最新文献_第10页

Law, Culture and Decolonisation: The Perspectives of Aboriginal Elders on Family Violence in Australia 法律、文化和非殖民化:澳大利亚土著长者对家庭暴力的看法

IF 1.6 2区社会学

Social & Legal Studies Pub Date : 2021-10-29 DOI: 10.1177/09646639211046134

Harry Blagg, Victoria Hovane, Tamara Tulich, D. Raye, S. May, Thomas Worrigal

{"title":"Law, Culture and Decolonisation: The Perspectives of Aboriginal Elders on Family Violence in Australia","authors":"Harry Blagg, Victoria Hovane, Tamara Tulich, D. Raye, S. May, Thomas Worrigal","doi":"10.1177/09646639211046134","DOIUrl":"https://doi.org/10.1177/09646639211046134","url":null,"abstract":"Family violence within Aboriginal communities continues to attract considerable scholarly, governmental and public attention in Australia. While rates of victimization are significantly higher than non-Aboriginal rates, Aboriginal women remain suspicious of the ‘carceral feminism’ remedy, arguing that family violence is a legacy of colonialism, systemic racism, and the intergenerational impacts of trauma, requiring its own distinctive suite of responses, ‘uncoupled’ from the dominant feminist narrative of gender inequality, coercive control and patriarchy. We conclude that achieving meaningful reductions in family violence hinges on a decolonising process that shifts power from settler to Aboriginal structures. Aboriginal peoples are increasingly advocating for strengths-based and community-led solutions that are culturally safe, involve Aboriginal justice models, and recognises the salience of Aboriginal Law and Culture. This paper is based on qualitative research in six locations in northern Australia where traditional patterns of Aboriginal Law and Culture are robust. Employing a decolonising methodology, we explore the views of Elders in these communities regarding the existing role of Law and Culture, their criticisms of settler law, and their ambitions for a greater degree of partnership between mainstream and Aboriginal law. The paper advances a number of ideas, based on these discussions, that might facilitate a paradigm shift in theory and practice regarding intervention in family violence.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.6,"publicationDate":"2021-10-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76721479","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"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

Book Review: Law and Disorder: Sovereignty, Protest, Atmosphere 书评:《法律与无序:主权、抗议、气氛》

IF 1.6 2区社会学

Social & Legal Studies Pub Date : 2021-10-23 DOI: 10.1177/09646639211053715

A. Young

引用次数: 1

Diversity, Dissent and Representation: Lessons From The First Minority Judge in the Israeli Supreme Court 多样性、异议和代表性:以色列最高法院第一位少数族裔法官的经验教训

IF 1.6 2区社会学

Social & Legal Studies Pub Date : 2021-10-11 DOI: 10.1177/09646639211043801

Manal Totry-Jubran

{"title":"Diversity, Dissent and Representation: Lessons From The First Minority Judge in the Israeli Supreme Court","authors":"Manal Totry-Jubran","doi":"10.1177/09646639211043801","DOIUrl":"https://doi.org/10.1177/09646639211043801","url":null,"abstract":"This paper seeks to enrich existing empirical research on substantive representation in the judicial system by exploring a case study of the Honorable Justice (retired) Salim Joubran, the first ethnic-minority judge appointed to the Supreme Court of Israel. By employing a dual methodology of qualitative discourse analysis and dissenting quantitative studies, the study investigates when, why and how he dissented in controversial cases, which are defined as cases that resulted in non-unanimous votes. The study shows that a quantitative study on dissenting opinions of a minority judge alone did not provide comprehensive conclusions. The complementary qualitative discourse analysis shows that in cases that challenged state actions that impacted his social group, Joubran employed distinct strategies and reasoning that are akin to feminist judgments approach. Hence, the study adds to existing research on judicial diversity indicating that women and ethnic minorities judges not only share common challenges but might also operate similar reasoning strategies. In light of these insights, the study calls for employing the combined qualitative and quantitative methodology on examining judgments focusing on dissenting opinions of women and ethnic minority judges as it offers a complex understanding of substantive representation and provides answers regarding the socio-legal effects of group affiliation on judgments.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.6,"publicationDate":"2021-10-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82815184","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"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

Book Review: Refuge Beyond Reach: How Rich Democracies Repel Asylum Seekers 书评:遥不可及的避难所:富裕的民主国家如何排斥寻求庇护者

IF 1.6 2区社会学

Social & Legal Studies Pub Date : 2021-10-11 DOI: 10.1177/09646639211049104

Susan Banki

引用次数: 0

Coloniality, Belonging and Citizenship Deprivation in the UK: Exploring Judicial Responses 英国的殖民地、归属感和公民身份剥夺:探索司法回应

IF 1.6 2区社会学

Social & Legal Studies Pub Date : 2021-10-06 DOI: 10.1177/09646639211044294

Z. Naqvi

引用次数: 3

SHARON COWAN, CHLOË KENNEDY and VANESSA MUNRO (eds), Scottish Feminist Judgments: (Re)Creating Law From the Outside In. SHARON COWAN, CHLOË KENNEDY和VANESSA MUNRO(编)，《苏格兰女权主义判断:(再)由外而内创造法律》。

IF 1.6 2区社会学

Social & Legal Studies Pub Date : 2021-10-01 DOI: 10.1177/0964663921992106

Mairead Enright

引用次数: 1

Book Review: Law, Insecurity and Risk Control: Neo-Liberal Governance and the Populist Revolt 书评:《法律、不安全与风险控制:新自由主义治理与民粹主义反抗》

IF 1.6 2区社会学

Social & Legal Studies Pub Date : 2021-09-13 DOI: 10.1177/09646639211038700

Harry Annison

引用次数: 0

Different but equal? Exploring potential catalysts of disparity in remand decision-making in the youth court 不同但平等?探讨青年法庭还押决策差异的潜在催化剂

IF 1.6 2区社会学

Social & Legal Studies Pub Date : 2021-08-06 DOI: 10.1177/09646639211033709

Yannick van den Brink

{"title":"Different but equal? Exploring potential catalysts of disparity in remand decision-making in the youth court","authors":"Yannick van den Brink","doi":"10.1177/09646639211033709","DOIUrl":"https://doi.org/10.1177/09646639211033709","url":null,"abstract":"The disproportionate use of remand detention (i.e. pre-trial detention) for vulnerable and marginalized youth is an issue of concern globally and demographic disparities in youth remand decision outcomes have been found in many jurisdictions, including England and the Netherlands. This article aims to explore and identify potential catalysts of disparity in the collective process of remand decision-making in youth courts. Drawing from Ulmer’s ‘inhabited institutions’ perspective, and the related ‘court community model’ and ‘focal concerns model’, and empirical findings from research in Dutch and English youth remand courts, this article suggests that several distinctive mechanisms and features of the youth remand decision-making process might function as catalysts of disparity. The findings indicate that the focus on ‘risk’ and ‘welfare needs’, the distinctive context defined by time constraints, limited information, shortages of readily available services, interdependency and interdisciplinary, and high stakes, combined with the profoundly human nature of courtroom workgroup decision-making, make the remand decision-making process in youth courts particularly prone to producing unwarranted disparities. Ultimately, informed by the theoretical perspectives and empirical findings, the article provides insights into how and why disparities might occur in youth remand decisions and offers suggestions for policy, practice and future research.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.6,"publicationDate":"2021-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78625278","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"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: 3

The changing status of European Union nationals in the United Kingdom following Brexit: The lived experience of the European Union Settlement Scheme 英国脱欧后欧盟国民在英国地位的变化:欧盟解决方案的实际经验

IF 1.6 2区社会学

Social & Legal Studies Pub Date : 2021-08-03 DOI: 10.1177/09646639211032337

C. Barnard, Sarah Fraser Butlin, Fiona Costello

{"title":"The changing status of European Union nationals in the United Kingdom following Brexit: The lived experience of the European Union Settlement Scheme","authors":"C. Barnard, Sarah Fraser Butlin, Fiona Costello","doi":"10.1177/09646639211032337","DOIUrl":"https://doi.org/10.1177/09646639211032337","url":null,"abstract":"Following Brexit, European Union citizens now find their rights to live and work in the UK have changed and they had to make an application under the European Union Settlement Scheme, established under the terms of the Withdrawal Agreement, by 30 June 2021 to enable them to continue to live in the UK lawfully. This article examines the experience and perceptions of those navigating the European Union Settlement Scheme and how they feel about life in the UK post-Brexit. It raises questions about identity and belonging. We also examine the other routes European Union nationals, and their family members, are choosing to use to secure their status in the UK. Our research highlights how the impacts of Brexit and European Union Settlement Scheme are unevenly felt and experienced by different European Union national groups. The article concludes that it is likely that we will only be able to measure the true extent of the ‘success’ of the European Union Settlement Scheme after the application gateway has closed on 30 June 2021, by learning what happens to those who fall between the gap, especially those more vulnerable.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.6,"publicationDate":"2021-08-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75762692","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"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: 6

Maintaining exceptionality: Interrogating gestational limits for abortion 维持例外:质疑堕胎的妊娠限制

IF 1.6 2区社会学

Social & Legal Studies Pub Date : 2021-08-02 DOI: 10.1177/09646639211032317

E. Millar

引用次数: 6