{"title":"SLSA E-Newsletter","authors":"","doi":"10.1111/jols.12538","DOIUrl":"https://doi.org/10.1111/jols.12538","url":null,"abstract":"","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"52 2","pages":"E1-E16"},"PeriodicalIF":1.3,"publicationDate":"2025-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144074626","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Trump and democracy in the United States: on law and authoritarianism How Autocrats Seek Power: Resistance to Trump and Trumpism By Richard L. Abel, London: Routledge, 2024, 320 pp., £36.99 How Autocrats Attack Expertise: Resistance to Trump and Trumpism By Richard L. Abel, London: Routledge, 2024, 212 pp., £36.99 How Autocrats Abuse Power: Resistance to Trump and Trumpism By Richard L. Abel, London: Routledge, 2024, 202 pp., £36.99","authors":"BOJAN BUGARIC","doi":"10.1111/jols.12534","DOIUrl":"https://doi.org/10.1111/jols.12534","url":null,"abstract":"","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"52 2","pages":"315-324"},"PeriodicalIF":1.3,"publicationDate":"2025-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144074624","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Algorithm-facilitated discrimination: a socio-legal study of the use by employers of artificial intelligence hiring systems","authors":"NATALIE SHEARD","doi":"10.1111/jols.12535","DOIUrl":"https://doi.org/10.1111/jols.12535","url":null,"abstract":"<p>Artificial intelligence (AI) hiring systems (AHSs) are used by employers every day to screen and shortlist job candidates. Despite this, substantial gaps exist in our understanding of the real – as opposed to theoretical – risks of discrimination when these systems are deployed. This article reports on findings from qualitative empirical research investigating the use of AHSs by Australian employers. It demonstrates that the way in which these systems are operated in practice creates serious risks of algorithm-facilitated discrimination. This may arise from the data, the use of proxies, the system's implementation, new structural barriers, a failure to provide reasonable adjustments, or the facilitation of intentional discrimination. These findings are significant, make an original contribution to an emerging field of research, and are relevant in any jurisdiction where an AHS is in use. There is a lot at stake when such discrimination occurs; as one research participant acknowledged, a ‘job application is literally a person's attempt to change their life with a new job’.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"52 2","pages":"269-291"},"PeriodicalIF":1.3,"publicationDate":"2025-05-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jols.12535","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144074472","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Surveillance Law, Data Retention and Human Rights: A Risk to Democracy By Matthew White, London: Routledge, 2024, 392 pp., £150.00","authors":"MARCIN ROJSZCZAK","doi":"10.1111/jols.12537","DOIUrl":"https://doi.org/10.1111/jols.12537","url":null,"abstract":"","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"52 2","pages":"331-336"},"PeriodicalIF":1.3,"publicationDate":"2025-05-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144074473","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Solid in shape, shattered in practice? The ‘sentencing pyramid’ in China","authors":"ENSHEN LI","doi":"10.1111/jols.12536","DOIUrl":"https://doi.org/10.1111/jols.12536","url":null,"abstract":"<p>In this article, I use a structural-functionalist analysis to explain how the sentencing process in the People's Republic of China has morphed into what I call the ‘sentencing pyramid’, with largely discrete and separate praxis across various legal apparatuses. The base of this hierarchical composition encompasses a vast number of infractions, where police monopolize the sentencing process through primarily administrative procedures. The middle level predominantly consists of misdemeanours, whereby sentences are ordinarily determined by procuratorates under the scheme of ‘plea leniency’. The upper level involves serious crimes, which are the main target of ‘trial centredness’ devised to ensure judicial authority in sentencing. In many respects, China's sentencing pyramid is moving away from being a ‘system’ per se, as the three levels of sentencing practices are independent and only very loosely interconnected, with particular legal authorities using vastly different programmes, procedures, and principles to achieve their distinct goals of punishment.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"52 2","pages":"292-314"},"PeriodicalIF":1.3,"publicationDate":"2025-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jols.12536","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144074601","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The gravest inefficiency of plea bargaining and the consequences for rehabilitation and reintegration","authors":"JAY GORMLEY","doi":"10.1111/jols.12531","DOIUrl":"https://doi.org/10.1111/jols.12531","url":null,"abstract":"<p>This article shows how supposedly efficient plea bargaining can obstruct and militate against the prospect of offender rehabilitation and reintegration (R&R). This argument is made by bridging the scholarly gap between the ‘legal’ work of plea bargaining and the ‘corrections’ work of R&R, which requires engaging <i>with</i> offenders and not simply doing things <i>to</i> them. The argument is rooted in the current literatures and supported by a case study that illustrates the mechanisms through which offenders’ subjective experiences of plea bargaining can alienate them from their own cases and deny a sense of participation and humanization. Consequently, the article shows how offenders can come to resent what is done to them, how they are disempowered, and that, in such circumstances, the prospects of working with offenders for R&R are reduced. Given that reoffending costs billions of pounds annually, if plea bargaining hinders R&R, then this is potentially its gravest inefficiency.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"52 2","pages":"249-268"},"PeriodicalIF":1.3,"publicationDate":"2025-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jols.12531","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144074600","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Law at the Movies: Turning Legal Doctrine into Art By Stanley Fish, Oxford: Oxford University Press, 2024, 224 pp., £25.00","authors":"PETER GOODRICH","doi":"10.1111/jols.12533","DOIUrl":"https://doi.org/10.1111/jols.12533","url":null,"abstract":"","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"52 2","pages":"337-342"},"PeriodicalIF":1.3,"publicationDate":"2025-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144074421","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
MARITHA JACOBSSON, STEFAN SJÖSTRÖM, VALENTIN ÖCKINGER
{"title":"Victim blaming as collateral damage: professionals on court hearings in cases of rape, assault, and fraud","authors":"MARITHA JACOBSSON, STEFAN SJÖSTRÖM, VALENTIN ÖCKINGER","doi":"10.1111/jols.12530","DOIUrl":"https://doi.org/10.1111/jols.12530","url":null,"abstract":"<p>This study investigates legal professionals’ understanding of the attribution of moral guilt to complainants in court hearings, comparing rape, assault, and fraud cases in Sweden. Sixteen semi-structured interviews were conducted with judges, prosecutors, defence lawyers, and complainants’ counsels. The findings suggest that while professionals assert that attributions of moral guilt to complainants are rare, complainants may perceive blame due to misinterpretation of legally relevant questions. Undue attribution of moral guilt occasionally occurs, particularly during defence cross-examination. Strategies to mitigate the risk of blame include ensuring that hearings are respectful and fact oriented, addressing victim-blaming issues in professional development courses, and preparing complainants prior to hearings. In our study, the attribution of moral guilt predominantly centred on rape cases, which may be due to historical discourse and sensitivity surrounding sexual assault cases. The study highlights the need for further research into mechanisms of attributing moral guilt to complainants and into sources of tension that contribute to negative experiences for complainants.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"52 2","pages":"229-248"},"PeriodicalIF":1.3,"publicationDate":"2025-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jols.12530","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144074420","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Giving rap a chance: the cultural policing and consequences of the suppression of rap music in England in the twenty-first century","authors":"AYUSH SANGHAVI","doi":"10.1111/jols.12532","DOIUrl":"https://doi.org/10.1111/jols.12532","url":null,"abstract":"<p>This article questions whether the twenty-first-century policing of rap music in England can be legitimized by reference to crime, or whether it is instead better interpreted as the policing of Black culture. Section 2 outlines the origins of rap and its policing, going on to explain why rap music should be interpreted as an art form. In Section 3, the policing of rap in England is chronicled, focusing mainly on grime and drill, but also on rap outside London and in the United States. Section 4 asks whether rap music causes crime; having established that the evidence does not support this conclusion, the article determines that the policing of rap in England amounts to cultural policing underpinned by an ideological state response to social insecurity. Finally, Section 5 considers the consequences of the policing of rap for Black communities, leading to a call for the state to reinterpret rap and recognize its value in informing policy and as a fixture within educational curricula. Throughout, the lyrics of rappers themselves take centre stage as a form of critical thought.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"52 2","pages":"181-203"},"PeriodicalIF":1.3,"publicationDate":"2025-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jols.12532","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144074399","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"What is (the) matter with climate litigation? Law, nature, and the limits of legal technique","authors":"STEWART MOTHA","doi":"10.1111/jols.12528","DOIUrl":"https://doi.org/10.1111/jols.12528","url":null,"abstract":"<p>This article examines how nature is mediated by law in climate cases. In the Federal Court of Australia decision in <i>Minister for the Environment</i> v. <i>Sharma</i> (2022), the court applied a narrow definition of ‘matter <i>of</i> law’ (justiciability), and thereby negated ‘matter <i>in</i> law’ (such as carbon dioxide and ecological destruction). Climate destruction demands the extension of legal categories and obligations such as tort and nuisance. However, rendering matter through law manifests the classical opposition between <i>nomos</i> and <i>physis</i> (law and nature). By considering the treatment of matter in climate cases, I open a wider discussion about the potentials and limitations of legal technique as a means of mediating nature. Turning to Theodor Adorno's ‘negative dialectics’, I consider how the negation of nature might be redeemed through the extension of legal concepts. Such legal mediation shows the potential for reorienting the dialectic of law and nature – an urgent means of pursuing planetary justice in the current moment.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"52 2","pages":"159-180"},"PeriodicalIF":1.3,"publicationDate":"2025-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jols.12528","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144074452","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}