Journal of Law and Society最新文献

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Trust at the border: identifying risk and assessing credibility on reality television 边境信任:识别风险并评估真人秀节目的可信度
IF 1.3 3区 社会学
Journal of Law and Society Pub Date : 2024-10-21 DOI: 10.1111/jols.12505
LAURA SMITH-KHAN, INGRID PILLER, HANNA TORSH
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引用次数: 0
The hidden histories of the Pinochet case 皮诺切特案件的隐秘历史
IF 1.3 3区 社会学
Journal of Law and Society Pub Date : 2024-10-16 DOI: 10.1111/jols.12499
DAVID SUGARMAN
{"title":"The hidden histories of the Pinochet case","authors":"DAVID SUGARMAN","doi":"10.1111/jols.12499","DOIUrl":"https://doi.org/10.1111/jols.12499","url":null,"abstract":"<p>The world's imagination was caught by the 1998 arrest in London of General Augusto Pinochet on charges of egregious human rights crimes and the 16-month battle to extradite him to Madrid. For the first time, a former head of state had, while travelling abroad, been arrested on such charges, with his claim to immunity being rejected by a national court. The case's notoriety increased when Lord Hoffman, a judge when it first came before the Law Lords, did not publicly disclose his links with Amnesty International, an intervenor in the proceedings. Pinochet's release on health grounds compounded the controversy. This article reveals hidden histories behind the Pinochet case, advancing our understanding of its progression and wider significance. It illuminates the relationship between law and politics, the role of personal views and judicial creativity in the UK's top court, the ways in which law operates in practice, and its promises and limitations.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"51 4","pages":"459-490"},"PeriodicalIF":1.3,"publicationDate":"2024-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jols.12499","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142642287","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
Regulating for trustworthy autonomous systems: exploring stakeholder perspectives on answerability 监管可信的自主系统:探索利益相关者对责任的看法
IF 1.3 3区 社会学
Journal of Law and Society Pub Date : 2024-10-10 DOI: 10.1111/jols.12501
LOUISE HATHERALL, NAYHA SETHI
{"title":"Regulating for trustworthy autonomous systems: exploring stakeholder perspectives on answerability","authors":"LOUISE HATHERALL,&nbsp;NAYHA SETHI","doi":"10.1111/jols.12501","DOIUrl":"https://doi.org/10.1111/jols.12501","url":null,"abstract":"<p>The proliferation of autonomous and semi-autonomous systems (AS) poses important and pressing regulatory challenges. Underpinning these is the recognition that many different stakeholders will need to trust systems to ensure their effective adoption and implementation. However, research on stakeholder perspectives is lacking, and assessing trustworthiness is difficult due to ‘responsibility gaps’ where it is unclear where responsibility for harms arising from AS ought to lie. Bridging these gaps is important because holding one another responsible is how social trust is maintained, and trust is vital to unlocking the promise that AS hold. This article considers how the concept of answerability could provide a useful framework for boosting the trustworthiness of AS. We present findings from a series of stakeholder interviews identifying what answers different stakeholders need to trust AS in health, finance, and government applications, and consider the implications of our research for current proposals for regulating AS in the United Kingdom and the European Union.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"51 4","pages":"586-609"},"PeriodicalIF":1.3,"publicationDate":"2024-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jols.12501","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142641831","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 Recognition and the Law: Troubling Transgender People's Engagement with Legal Regulation By Flora Renz, London: Routledge, 2024, 176 pp., £135.00 性别认可与法律:Flora Renz 著,伦敦,Routledge 出版社,2024 年,176 页,135 英镑:Routledge, 2024, 176 pp.
IF 1.3 3区 社会学
Journal of Law and Society Pub Date : 2024-10-10 DOI: 10.1111/jols.12502
CHRIS ASHFORD
{"title":"Gender Recognition and the Law: Troubling Transgender People's Engagement with Legal Regulation By Flora Renz, London: Routledge, 2024, 176 pp., £135.00","authors":"CHRIS ASHFORD","doi":"10.1111/jols.12502","DOIUrl":"https://doi.org/10.1111/jols.12502","url":null,"abstract":"","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"51 4","pages":"646-649"},"PeriodicalIF":1.3,"publicationDate":"2024-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142641832","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
Socratic Voices: Dialogues on Law, Time, and Reconciliation By Bert Roermund, Cheltenham: Edward Elgar, 2023, 166 pp., £75.00 苏格拉底的声音:关于法律、时间与和解的对话》,Bert Roermund 著,切尔滕纳姆:Edward Elgar,2023,166 页,75.00 英镑
IF 1.3 3区 社会学
Journal of Law and Society Pub Date : 2024-10-10 DOI: 10.1111/jols.12504
ALEKSANDRA GLISZCZYŃSKA-GRABIAS
{"title":"Socratic Voices: Dialogues on Law, Time, and Reconciliation By Bert Roermund, Cheltenham: Edward Elgar, 2023, 166 pp., £75.00","authors":"ALEKSANDRA GLISZCZYŃSKA-GRABIAS","doi":"10.1111/jols.12504","DOIUrl":"https://doi.org/10.1111/jols.12504","url":null,"abstract":"","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"51 4","pages":"640-645"},"PeriodicalIF":1.3,"publicationDate":"2024-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142641834","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
Jurisprudence and Socio-Legal Studies: Intersecting Fields By Roger Cotterrell, London: Routledge, 2024, 252 pp., £37.99 法理学与社会法律研究:罗杰-科特雷尔(Roger Cotterrell)著,伦敦:Routledge, 2024, 252 pp.
IF 1.3 3区 社会学
Journal of Law and Society Pub Date : 2024-10-10 DOI: 10.1111/jols.12503
JAMES CAMPBELL
{"title":"Jurisprudence and Socio-Legal Studies: Intersecting Fields By Roger Cotterrell, London: Routledge, 2024, 252 pp., £37.99","authors":"JAMES CAMPBELL","doi":"10.1111/jols.12503","DOIUrl":"https://doi.org/10.1111/jols.12503","url":null,"abstract":"","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"51 4","pages":"634-639"},"PeriodicalIF":1.3,"publicationDate":"2024-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142641833","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
Raising relational legal consciousness through co-production research? Making law more accessible 通过合拍片研究提高关系法律意识?让法律更容易获得
IF 1.3 3区 社会学
Journal of Law and Society Pub Date : 2024-10-07 DOI: 10.1111/jols.12500
ROSIE HARDING, AMANDA KEELING
{"title":"Raising relational legal consciousness through co-production research? Making law more accessible","authors":"ROSIE HARDING,&nbsp;AMANDA KEELING","doi":"10.1111/jols.12500","DOIUrl":"https://doi.org/10.1111/jols.12500","url":null,"abstract":"<p>This article offers co-production as a new methodology for relational approaches to legal consciousness studies that allows for deeper analysis of and engagement with the everyday experience of law. We argue that the inherent relationality of co-production has the potential to both expose and change legal consciousness. As an approach that equalizes status in the co-production of knowledge, social structures and hierarchies are reproduced in real time, allowing the relational networks through which legal consciousness is formed to emerge. We demonstrate both the possibility and the value of this approach through a discussion of early findings from a co-produced project focused on accessible legal information for disabled people with cognitive impairments. Our emerging data show that disabled people's experience as ‘outsiders’ in their communities, and the barriers to justice that they encounter through being not believed or information being given in inaccessible formats, creates uncertainty and distrust of the utility of legal professionals as routes for resolution – even as they express a desire for formal legal process. These data also show that engaging with co-production work can increase the legal confidence of people from marginalized groups.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"51 S1","pages":"S102-S117"},"PeriodicalIF":1.3,"publicationDate":"2024-10-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jols.12500","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143248870","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
Judicial relational legal consciousness: authoritarian backsliding as a catalyst of change 司法关系法律意识:作为变革催化剂的权威倒退
IF 1.3 3区 社会学
Journal of Law and Society Pub Date : 2024-09-26 DOI: 10.1111/jols.12497
AGNIESZKA KUBAL
{"title":"Judicial relational legal consciousness: authoritarian backsliding as a catalyst of change","authors":"AGNIESZKA KUBAL","doi":"10.1111/jols.12497","DOIUrl":"https://doi.org/10.1111/jols.12497","url":null,"abstract":"<p>Between 2015 and 2023, authoritarian backsliding triggered significant changes in the Polish judiciary, prompting some judges to adopt a new approach in their interpretation of the European Convention on Human Rights, both on and off bench, taking a more explicit stance as individual applicants against the Polish government in the European Court of Human Rights. This article employs the paradigm of relational legal consciousness, attributing this embrace of human rights law to judges’ interactions and relationships with various actors, including judicial associations, lawyers, human rights activists, and civil society. Furthermore, the article extends the concept of relationality in legal consciousness to encompass the intricate interplay between law and politics as intertwined social relations and practices. The article's original contribution lies in theorizing judicial legal consciousness in relation to authoritarian backsliding and the resultant liminality of structures and strategies for action.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"51 S1","pages":"S45-S65"},"PeriodicalIF":1.3,"publicationDate":"2024-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jols.12497","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143253354","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
Governmental influence over rights consciousness: public perceptions of the COVID-19 lockdown 政府对权利意识的影响:公众对COVID-19封锁的看法
IF 1.3 3区 社会学
Journal of Law and Society Pub Date : 2024-09-26 DOI: 10.1111/jols.12498
SIMON HALLIDAY, ANDREW JONES, JED MEERS, JOE TOMLINSON
{"title":"Governmental influence over rights consciousness: public perceptions of the COVID-19 lockdown","authors":"SIMON HALLIDAY,&nbsp;ANDREW JONES,&nbsp;JED MEERS,&nbsp;JOE TOMLINSON","doi":"10.1111/jols.12498","DOIUrl":"https://doi.org/10.1111/jols.12498","url":null,"abstract":"<p>A focus on rights consciousness has become a mainstay of the socio-legal study of law in everyday life. Such research, much of it critical in orientation, generally uses people's sense of grievance as its starting point. The consequent risk is that we elide rights consciousness with a sense of injustice. This article argues that there is merit for critical studies of legal consciousness in keeping these two things separate, and that this represents a dimension of the critical approach to rights consciousness that is largely missing from the field. We present a study of rights consciousness in relation to the imposition of lockdown in the United Kingdom during the early stage of the COVID-19 pandemic. We show that, despite regarding lockdown as a violation of basic rights, most people did not feel a sense of grievance. Furthermore, rights consciousness was influenced by a range of factors distinct from political orientation, most of which were within the sphere of governmental influence. In this way, governmental power was constitutive of the public's rights consciousness. Further exploration and assessment of when, where, and how this might occur should be part of the critical project of legal consciousness research.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"51 S1","pages":"S83-S101"},"PeriodicalIF":1.3,"publicationDate":"2024-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jols.12498","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143253355","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
‘Double vision’ in the interlegal: the situated pluri-legal consciousness of British Muslim women 法律间的 "双重视角":英国穆斯林妇女的多元法律意识
IF 1.3 3区 社会学
Journal of Law and Society Pub Date : 2024-09-10 DOI: 10.1111/jols.12496
SIMRAN KALRA
{"title":"‘Double vision’ in the interlegal: the situated pluri-legal consciousness of British Muslim women","authors":"SIMRAN KALRA","doi":"10.1111/jols.12496","DOIUrl":"10.1111/jols.12496","url":null,"abstract":"<p>Legal pluralism scholarship has argued that co-existing legal orders interact. Individuals draw on exogenous norms to strategically resist social and legal constraints. Integrating the concepts of ‘situated legal consciousness’ and ‘interlegality’, I explore how identities within intersecting legal orders influence legal consciousness. To this end, I draw on a case study of the plurality in marriage laws among British Muslim communities in England, where Islamic <i>nikah</i> ceremonies are not by themselves recognized as marriage. My analysis shows that marginalized individuals routinely rely on interlegality to make sense of their realities and choices. This engenders a ‘double vision’, as individuals perceive their identities, social arrangements, and the law through an integrated lens of intersecting laws. They resist the social locations to which they are relegated in plural legal orders and reposition themselves within these with the aid of a composite identity that allows them to see their lifeworlds through a double vision of the law.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"51 S1","pages":"S136-S152"},"PeriodicalIF":1.3,"publicationDate":"2024-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jols.12496","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142212629","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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