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The JLS at 50: Art, literature and socio-legal studies 50岁时的JLS：艺术、文学和社会法律研究
IF 1.9 3区 社会学
Journal of Law and Society Pub Date : 2025-07-06 DOI: 10.1111/jols.12542
BARBARA HUGHES-MOORE
{"title":"The JLS at 50: Art, literature and socio-legal studies","authors":"BARBARA HUGHES-MOORE","doi":"10.1111/jols.12542","DOIUrl":"https://doi.org/10.1111/jols.12542","url":null,"abstract":"<p>This article began life as a lecture the author was invited to deliver as part of the Journal's 50th-anniversary celebrations in the summer of 2024. The piece explores how law, literature and socio-legal studies in the United Kingdom have evolved alongside each other since the birth of the <i>Journal of Law and Society</i> in 1974. It examines the Journal's role in this evolution, and how it has provided space for legal scholars, and particularly socio-legal scholars, to critique, problematise and mull over dilemmas common to law and the arts – sometimes by drawing on methods and insights from the arts themselves. In doing so, the author adopts a Gothic framework for further illuminating the Journal's work in this area, arguing that Gothic fiction helps us to confront ghosts and monsters – especially in those places where the law (or, at least, legal scholars) may fear to tread.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"52 S1","pages":"S202-S215"},"PeriodicalIF":1.9,"publicationDate":"2025-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jols.12542","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145196586","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}
引用次数: 0
Legal pluralism, decolonisation and socio-legal studies 法律多元化、非殖民化和社会法律研究
IF 1.9 3区 社会学
Journal of Law and Society Pub Date : 2025-07-06 DOI: 10.1111/jols.12550
BHARAT MALKANI
{"title":"Legal pluralism, decolonisation and socio-legal studies","authors":"BHARAT MALKANI","doi":"10.1111/jols.12550","DOIUrl":"https://doi.org/10.1111/jols.12550","url":null,"abstract":"<p>Studies of legal pluralism and decolonisation are both concerned with the relationship between law and power, and with understanding how people experience law in practice. Legal pluralists are concerned with decentring the powerful from the study of law, and with centring the voices of those traditionally excluded from conversations about what law is. Decolonialists are likewise concerned with empowering those subjugated by colonial rule, and with understanding how those populations have experienced law in practice. In this paper, I use publications from previous issues of the <i>Journal of Law and Society</i> to tease out these commonalities and to highlight what these fields of studies can teach us about the ways in which the legacies of colonialism shape the plurality of ways in which people experience law in society today.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"52 S1","pages":"S182-S192"},"PeriodicalIF":1.9,"publicationDate":"2025-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jols.12550","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145196588","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}
引用次数: 0
Who needs the law? Multiple consciousness as critique 谁需要法律？作为批判的多重意识
IF 1.9 3区 社会学
Journal of Law and Society Pub Date : 2025-07-04 DOI: 10.1111/jols.12552
TARA MULQUEEN
{"title":"Who needs the law? Multiple consciousness as critique","authors":"TARA MULQUEEN","doi":"10.1111/jols.12552","DOIUrl":"https://doi.org/10.1111/jols.12552","url":null,"abstract":"<p>This essay offers a response to Dr Lizzy Willimington's article and a reflection on the history of critical and socio-legal studies. It points to critique as a normative question rather than a methodological one and discusses this idea through the history of legal needs and legal consciousness research. It draws on the insights of critical race theory to argue that there is no impasse between critical and socio-legal research and advances the idea of ‘multiple consciousness’ as critique.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"52 S1","pages":"S176-S181"},"PeriodicalIF":1.9,"publicationDate":"2025-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jols.12552","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145196502","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}
引用次数: 0
Law, economy and society: Reflections on the politics of regulation 法律、经济与社会：关于规制政治的思考
IF 1.9 3区 社会学
Journal of Law and Society Pub Date : 2025-07-04 DOI: 10.1111/jols.12553
TONY PROSSER
{"title":"Law, economy and society: Reflections on the politics of regulation","authors":"TONY PROSSER","doi":"10.1111/jols.12553","DOIUrl":"https://doi.org/10.1111/jols.12553","url":null,"abstract":"<p>This brief comment draws on Sabine Frerich's paper to discuss the contribution of the Journal to the study of regulation of the economy, especially in the political context of the 1980s and later. It will concentrate on issues of non-economic values in economic regulation and the role of institutional design, and it will contrast behaviouralist approaches to the study of law and the economy with other approaches emphasising the meaning of social actors and the effect of power relations. My comment suggests that the Journal has played an important role in widening analysis of regulation from a predominantly economic approach to one drawing on a wide range of social values.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"52 S1","pages":"S93-S97"},"PeriodicalIF":1.9,"publicationDate":"2025-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jols.12553","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145196530","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}
引用次数: 0
New meanings for an old debate 旧的争论有了新的含义
IF 1.9 3区 社会学
Journal of Law and Society Pub Date : 2025-07-04 DOI: 10.1111/jols.12539
ROGER COTTERRELL
{"title":"New meanings for an old debate","authors":"ROGER COTTERRELL","doi":"10.1111/jols.12539","DOIUrl":"https://doi.org/10.1111/jols.12539","url":null,"abstract":"<p>‘Why Must Legal Ideas Be Interpreted Sociologically? (1998) presented an argument about methods of juristic inquiry rather than about the nature of sociology of law. It claimed that juristic analysis of legal doctrine must be sociologically grounded. But such an analysis does not thereby become sociology of law, nor does it necessarily promote an instrumental or technocratic view of law. Jurisprudence and sociology of law have fundamentally different objectives. However, sociology, insofar as it is relevant to legal interpretation, should be seen as a study of social relations grounded in values, tradition and emotion, as well as instrumentality. As such, it is needed to inform juristic thought. Correspondingly, sociology of law should be concerned for its own purposes with conceptualising law, taking account of juristic ideas in doing so but not being confined by them.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"52 S1","pages":"S70-S75"},"PeriodicalIF":1.9,"publicationDate":"2025-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145196505","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}
引用次数: 0
The managed participation of the criminal accused 刑事被告有节制的参与
IF 1.9 3区 社会学
Journal of Law and Society Pub Date : 2025-07-04 DOI: 10.1111/jols.70003
JACQUELINE S. HODGSON
{"title":"The managed participation of the criminal accused","authors":"JACQUELINE S. HODGSON","doi":"10.1111/jols.70003","DOIUrl":"https://doi.org/10.1111/jols.70003","url":null,"abstract":"<p>Looking comparatively, the nature and extent of the accused's participation differ across jurisdictions, depending in part on how the roles and responsibilities of other legal actors are shared out. In France, the direct judicial questioning of the defendant ensures multiple opportunities for participation, yet it also compels a response, making silence almost impossible to maintain. Addressed directly and unshielded by legal representation, the accused is vulnerable to inadvertent self-incrimination. In England and Wales, the defence lawyer is expected to ensure the defendant's decisions and participation are informed and voluntary and that due process protections are assured. In practice, lawyers become complicit in the marginalisation of the accused in court proceedings and their inexorable processing towards a guilty plea. Looking forwards, it is the voices of suspects and defendants that are often missing from research as well as trials. This can pose ethical and access challenges for researchers, to which participatory or co-produced approaches may offer creative solutions.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"52 S1","pages":"S134-S139"},"PeriodicalIF":1.9,"publicationDate":"2025-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jols.70003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145196501","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}
引用次数: 0
Decolonising (and) legal pluralism 非殖民化（和）法律多元化
IF 1.9 3区 社会学
Journal of Law and Society Pub Date : 2025-07-04 DOI: 10.1111/jols.12540
MARGARET DAVIES
{"title":"Decolonising (and) legal pluralism","authors":"MARGARET DAVIES","doi":"10.1111/jols.12540","DOIUrl":"https://doi.org/10.1111/jols.12540","url":null,"abstract":"<p>Legal pluralism and decolonisation are global academic discourses and activist practices that emerge and intersect differently in different locations. In this paper, I draw upon and amplify some of the critical points made in Bharat Malkani's article with specific reference to the intersection of legal pluralism and decolonising practices in what is now known as Australia. Any analysis of legal pluralism in Australia needs to be accompanied by the acknowledgement of the chronological, ontological and ethical priority of the (already-plural) First Laws that are embedded in land–people relationships. The much more recently arrived Euro-colonial state-based law is dislocated from its heritage and place of origin in the northern hemisphere. Decolonising in this context means centring First Nations laws and, for those of us who inhabit a colonial positionality, it means developing a reflectiveness about our colonial genealogy as well as a much stronger understanding of place and more-than-human beings.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"52 S1","pages":"S193-S201"},"PeriodicalIF":1.9,"publicationDate":"2025-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jols.12540","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145196503","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}
引用次数: 0
A response on the ‘old’ and ‘bold’ operation of gender at home 对家庭性别“老”和“大胆”操作的回应
IF 1.9 3区 社会学
Journal of Law and Society Pub Date : 2025-07-04 DOI: 10.1111/jols.12546
MARIAM KAMUNYU
{"title":"A response on the ‘old’ and ‘bold’ operation of gender at home","authors":"MARIAM KAMUNYU","doi":"10.1111/jols.12546","DOIUrl":"https://doi.org/10.1111/jols.12546","url":null,"abstract":"<p>This article is written as a response to Flora Renz's ‘Gender (de)certification and the home: A new focus for feminist legal scholarship’? Renz's paper offers a thought-provoking critique of the contemporary role of gender categories within the home. This response is inspired by Renz's proposition that feminist legal scholarship has neglected the home as a site of gendered dynamics in regard to gender categories, and further that gender functions subtly and invisibly in the home. Drawing on a feminist legal analysis, this response offers an alternative premise that gender categories in the home operate explicitly and visibly, with material and ideological consequences for systemic inequalities.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"52 S1","pages":"S116-S120"},"PeriodicalIF":1.9,"publicationDate":"2025-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jols.12546","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145196508","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}
引用次数: 0
Socio-legal studies and criminal justice: Reflections on ‘participation’ 社会法律研究与刑事司法：关于“参与”的思考
IF 1.9 3区 社会学
Journal of Law and Society Pub Date : 2025-07-04 DOI: 10.1111/jols.12545
AMY KIRBY, LUCY WELSH
{"title":"Socio-legal studies and criminal justice: Reflections on ‘participation’","authors":"AMY KIRBY,&nbsp;LUCY WELSH","doi":"10.1111/jols.12545","DOIUrl":"https://doi.org/10.1111/jols.12545","url":null,"abstract":"<p>The <i>Journal of Law and Society</i> (JLS) is nationally and internationally recognised for its ground-breaking contribution to shaping understandings of the relationship between law and society. We relished the opportunity to come together to reflect upon ‘participation’ and its relationship to criminal justice as part of the JLS 50th anniversary celebrations. In this paper, we examine the concept of participation from both a ‘socio’ and ‘legal’ standpoint, highlighting the intersection between the two, and explore the ways in which the theme of participation has been approached by existing JLS contributors. We do this by discussing the themes of doctrinal approaches to effective participation, access to justice, legitimacy, and procedural justice; and conclude by considering avenues for future research.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"52 S1","pages":"S121-S133"},"PeriodicalIF":1.9,"publicationDate":"2025-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jols.12545","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145196506","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}
引用次数: 0
Socio-legal studies at the heart of jurisprudence 社会法律研究是法理学的核心
IF 1.9 3区 社会学
Journal of Law and Society Pub Date : 2025-07-04 DOI: 10.1111/jols.12548
STEFAN MACHURA
{"title":"Socio-legal studies at the heart of jurisprudence","authors":"STEFAN MACHURA","doi":"10.1111/jols.12548","DOIUrl":"https://doi.org/10.1111/jols.12548","url":null,"abstract":"<p>The paper comments on a presentation by Barbara Hughes-Moore at the occasion of a seminar series to celebrate the founding of the <i>Journal of Law and Society</i>. It draws on the metaphor ‘the law is dead’, ‘the law is alive’ used by Hughes-Moore, which reminds of Eugen Ehrlich's thoughts, the ubiquity of law and the place of socio-legal studies at or close to the heart of jurisprudence in the United Kingdom. Barbara Hughes-Moore speaks of the ‘gothic’ qualities of law. Law can be two things at once. The double-coding of communications forms a major insight into Niklas Luhmann's sociological systems theory. Law is many things and has become too complex to be fathomed as an entity. This has consequences for legal scholarship and may favour the socio-legal approach championed by the <i>Journal of Law and Society</i>.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"52 S1","pages":"S216-S219"},"PeriodicalIF":1.9,"publicationDate":"2025-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jols.12548","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145196507","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}
引用次数: 0
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