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Raising a claim for (animal) justice: The end(s) of socio-legal and critical legal studies 提出（动物）正义的要求：社会法律和批判法律研究的终结
IF 1.9 3区 社会学
Journal of Law and Society Pub Date : 2025-07-07 DOI: 10.1111/jols.70000
STEWART MOTHA
{"title":"Raising a claim for (animal) justice: The end(s) of socio-legal and critical legal studies","authors":"STEWART MOTHA","doi":"10.1111/jols.70000","DOIUrl":"https://doi.org/10.1111/jols.70000","url":null,"abstract":"<p>This short essay follows an invitation from this journal to reflect on the relation between socio-legal and critical legal studies over the past 50 years, a period during which the <i>Journal of Law and Society</i> has been one of the primary conduits for scholarship of both persuasions. After interrogating their commonalities and differences, hopes and anxieties, I go on to suggest that legal studies should be oriented by the objective of opening claims for justice, and I argue that this needs to be extended to animal justice.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"52 S1","pages":"S168-S175"},"PeriodicalIF":1.9,"publicationDate":"2025-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jols.70000","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145196598","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
What does the showing of voluntary participation by the defendant do for criminal justice professionals? 被告的自愿参与对刑事司法专业人员有什么影响？
IF 1.9 3区 社会学
Journal of Law and Society Pub Date : 2025-07-06 DOI: 10.1111/jols.12555
CYRUS TATA
{"title":"What does the showing of voluntary participation by the defendant do for criminal justice professionals?","authors":"CYRUS TATA","doi":"10.1111/jols.12555","DOIUrl":"https://doi.org/10.1111/jols.12555","url":null,"abstract":"<p>How do justice professionals, in their everyday practices, reconcile what they regard as their competing obligations: to allow participation and yet to conclude cases efficiently? This article argues that rather than doing so through individual self-talk denying the value of participation, or, by overt pressure on the defendant, professionals need to see evidence of apparent participation, often through the work shown to them by other professionals. ‘Humanisation work’ to inform the court, conducted, for example, by social work and probation staff, is a subtle yet potent way in which defendants are encouraged to admit guilt so as to show that they have been able freely to voice their unique story. The defendant's case can therefore be concluded with little conflict because she appears to the court to show that she freely accepts the legitimacy of its impending punishment. Future research directions are proposed.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"52 S1","pages":"S140-S147"},"PeriodicalIF":1.9,"publicationDate":"2025-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jols.12555","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145196587","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
Gender (de)certification and the home: A new focus for feminist legal scholarship? 性别（非）认证与家庭：女权主义法律研究的新焦点？
IF 1.9 3区 社会学
Journal of Law and Society Pub Date : 2025-07-06 DOI: 10.1111/jols.12549
FLORA RENZ
{"title":"Gender (de)certification and the home: A new focus for feminist legal scholarship?","authors":"FLORA RENZ","doi":"10.1111/jols.12549","DOIUrl":"https://doi.org/10.1111/jols.12549","url":null,"abstract":"<p>This article considers three sites that draw out the contemporary role of gender categories in the home in the context of a wider project on gender decertification. Firstly, the presence of those who are employed to do care work in the home. Secondly, the introduction of the Domestic Abuse Act 2021 and the way in which the parliamentary debates surrounding the introduction of the DAA highlight appropriate and inappropriate areas of legal intervention in the context of gendered ‘intimate’ relationships. Finally, the ways in which gender categories are understood in the interactions between schools/children and parents. Overall, this article argues that contemporary discourse on gender categories and trans inclusion/exclusion has primarily focused on issues within the public sphere, while the realm of the private sphere has been somewhat neglected and would benefit from a renewed focus on feminist engagements with the ways in which gender categories and norms are constructed and reinforced in this setting.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"52 S1","pages":"S98-S109"},"PeriodicalIF":1.9,"publicationDate":"2025-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jols.12549","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145196604","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
Segregation and researcher's positionality: Challenges of conducting policy ethnography in Southern polarized settings 种族隔离与研究者的定位：在南方两极分化的背景下进行政策人种学的挑战
IF 1.9 3区 社会学
Journal of Law and Society Pub Date : 2025-07-06 DOI: 10.1111/jols.12556
DEVANSH SHRIVASTAVA
{"title":"Segregation and researcher's positionality: Challenges of conducting policy ethnography in Southern polarized settings","authors":"DEVANSH SHRIVASTAVA","doi":"10.1111/jols.12556","DOIUrl":"https://doi.org/10.1111/jols.12556","url":null,"abstract":"<p>Researchers conducting policy ethnography in conflict environments are faced with a valuable ethical dilemma – is there an ethical standard to determine how a dataset should be pursued in the field? What if the method of pursuing data carries the potential of possibly disrupting one's rapport with the community and being perceived as a partisan ideologically driven researcher with ulterior motives? This question becomes more pronounced in socio-legal, conflict and public policy research in spatially polarized settings of the South. In these settings, knowledge is co-produced through one's own positionality and the nuances of grey areas that do not often feature in aggregated datasets. Scholarship on positionality has questioned whether scholars should explicate their position on the field by pointing towards the intentional or unintentional perpetuation of hierarchies. This paper situates itself in the positionality debate with reference to castelessness in socio-legal research through nine months of ethnographic fieldwork in a Southern spatially polarized setting. It grapples with an emerging contrasting view of whether researchers should at all engage in explicating their positionality. The paper argues that data is a socio-spatial product. It is to suggest that the production of data in conflict settings is informed by the spatial dynamics of social relations that emerge in the co-production of knowledge, and the researcher's reflexive positionality that itself impacts the outcome of data that emerges.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"52 S1","pages":"S224-S240"},"PeriodicalIF":1.9,"publicationDate":"2025-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145196585","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 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
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