Sociolegal studies Research Papers - Academia.edu (original) (raw)

After describing the academic career of Professor Antonio Pérez Martín, this article describes his main lines of research. In doing so, it starts with his Proles aegediana, and then gives an account of the critical edition of several... more

After describing the academic career of Professor Antonio Pérez Martín, this article describes his main lines of research. In doing so, it starts with his Proles aegediana, and then gives an account of the critical edition of several legal sources of different Spanish traditions (particularly from Aragón, Castile and Catalonia), as well as the ius commune and its reception in the Iberian Peninsula. It also explains the current projects on which Prof. Pérez Martín is working. The paper ends up with a deserved tribute of gratitude for his scholarly contribution to the Spanish and European legal historiography.

As interseções complexas entre comida e direito devem ser considera-das uma questão a analisar, pois a comida é um guarda-chuva interdisciplinar que fornece um excelente aparato epistemológico e metodológico para examinar as relações... more

As interseções complexas entre comida e direito devem ser considera-das uma questão a analisar, pois a comida é um guarda-chuva interdisciplinar que fornece um excelente aparato epistemológico e metodológico para examinar as relações sociais contemporâneas, iluminando as contradições, as possibilidades e os limites do direito. E é neste contexto que pretendo introduzir o tema do papel da comida no direito da família, em geral, e na sua relação com as responsabilidades parentais, em particular – o que farei através da análise de algumas recentes sentenças emanadas por tribunais italianos que tiveram de decidir conflitos envolvendo questões dietárias, deveres dos progenitores e superior interesse da criança.

Aktualna praktyka stosowania tymczasowego aresztowania w Polsce.

El presente estudio, elaborado en clave histórica —pues persigue la evolución de una institución—, se divide, en tres apartados. El primero recoge a grandes rasgos las principales fuentes normativas y doctrinales que permiten reconstruir... more

El presente estudio, elaborado en clave histórica —pues persigue la evolución de una institución—, se divide, en tres apartados. El primero recoge a grandes rasgos las principales fuentes normativas y doctrinales que permiten reconstruir la evolución del régimen de inmisiones en el territorio peninsular, desde la época romana hasta la Codificación. En el segundo, siguiendo el estudio evolutivo de la institución, nos ocupamos de reconstruir su régimen jurídico desde la Codificación hasta la actualidad. Y en el tercero se recogen una serie de consideraciones que, a modo de conclusión, pretenden no sólo resumir los aspectos más relevantes del vigente régimen de inmisiones, sino también presentar algunos de los derroteros por los que, a nuestro juicio, puede marchar este instituto en el futuro Derecho español y europeo.

This is the introductory chapter to my 2017 monograph.

Continental codes have been presented, following in the French model’s footsteps, as a determining technique to achieve legal unification and legal positivism. From this perspective, codes would not be compatible with non-legal sources... more

Continental codes have been presented, following in the French model’s footsteps, as a determining technique to achieve legal unification and legal positivism. From this perspective, codes would not be compatible with non-legal sources (custom, judicial precedent, legal doctrine) and with legal diversity. Looking at the Spanish case one comes to the conclusion that these ideas are myths or, at least, are not entirely true. They may be true for the French case or even for other European jurisdictions, but they failed when applied to Spain. This may explain why non-Spanish legal historians and comparative lawyers seem to find it difficult to understand the Codification of Civil law in Spain. On the one hand, the French influenced over the Spanish civil code is exaggerated. On the other, it would be unimaginable that the French civil code would have supposed to be applicable in defect of regional laws or customs, as it is the case in Spain. Besides, the Napoleon code did not recognize explicitly the custom as a legal source, whereas in the Spanish code did. It is undeniable that drafters of the Spanish civil code had in mind and used the French model, but the final outcome was quite unique. Spain shows that codification does not necessarily imply legal unification. In fact, Spain constitutes the only case in which the civil code whose application is just subsidiary, that is, when regional laws do not contain a legal rule applicable to solve a legal dispute. In explaining this from a historical and comparative perspective, non-Spanish scholars usually identify regional laws (Derechos forales) with fueros, customs and local laws, but this is not entirely true. The problem is that no other civil law jurisdictions can be used as a model to describe the Spanish case, which on this matter is unique. The paper focuses on the uniqueness of the Spanish case in codifying its civil law, dispelling some myths and misunderstandings on the notion of codification in general, and on the Spanish civil code in particular.

This article explores the creation, circulation, and regulation of informal trade credit or “ograyi” in Afghanistan. The practice of ograyi allows businesses to access short-term credit, either from their suppliers or third-parties, to... more

This article explores the creation, circulation, and regulation of informal trade credit or “ograyi” in Afghanistan. The practice of ograyi allows businesses to access short-term credit, either from their suppliers or third-parties, to acquire specified goods. This paper provides an account of the non-legal practices that regulate ograyi transactions. Ograyi vitally depends on the development of trust between parties. Clientelism helps maintain stable relationships that can offset market unpredictability. Widespread market norms and practices establish the general behaviour of participants. Parties also renegotiate the terms of the contract if circumstances make it impossible for the creditor to repay the loan in the agreed time frame. Furthermore, bank credit remains largely unavailable or unappealing to many businesses, and the legal system provides limited recourse in the case of contractual breach. Thus, the non-legal practices regulating ograyi serve as a substitute for legal coercion.

As jurisdictions reform gender identity laws to accommodate transgender and intersex people, this article speculatively explores a more fundamental shift: eliminating state law's role in determining and assigning gender status altogether.... more

As jurisdictions reform gender identity laws to accommodate transgender and intersex people, this article speculatively explores a more fundamental shift: eliminating state law's role in determining and assigning gender status altogether. Adopting a feminist perspective, we explore what the meaning and effects of comprehensively reforming legal gender might be upon gender's constitution as a socio-legal property, differentially recognised and protected by diverse but unequal bodies. Our discussion proceeds along two intersecting paths. The first concerns the different classificatory methods which could enable state law, without assigning gender, to continue to regulate gender identity decisions, thereby allowing state law to remain involved in tackling gender discrimination. The second concerns the changing form gender might take in conditions where state law withdraws its allocative function. These paths converge in a final discussion which considers what legal and political effects might follow from gender becoming a property that is individually and collectively cultivated.

Published in Smadar Lavie and Ted Swedenburg, eds, Displacement, Diaspora, and Geographies of Identity. Duke University Press 1996, 215-233

As a prominent legal scholar, Paul Scholten's works have been widely analyzed in the Netherlands, but his intellectual legacy in the founding of Batavia Rechtshogeschool in the Netherlands East Indies remains under-researched. I address... more

As a prominent legal scholar, Paul Scholten's works have been widely analyzed in the Netherlands, but his intellectual legacy in the founding of Batavia Rechtshogeschool in the Netherlands East Indies remains under-researched. I address this remarkable absence in two parts: First, I trace Paul Scholten's engagement with the dominant philosophy of his time, the two schools of Neo-Kantianism (Baden and Marburg), and how this engagement shaped his philosophical outlook for the curriculum and the pedagogy of the school. Second, I dissect how Scholten's outlook emerged in his proposals to drop Latin from compulsory courses and to nurture autonomy among the students. I argue that Paul Scholten decisively liberated legal education in the Indies from the confines of European elitism and from the classical-oriented education in the Netherlands. This liberating nature arguably made the school's graduates relevant in the upcoming upheaval in Indonesian history. Keywords Abstract Author Upik Djalins Paul Scholten and the Founding of the Batavia Rechtshogeschool ...

Afirmar que el Derecho -incluido el vigente-es una realidad histórica, o es esencialmente histórico, no significa defender que el Derecho sea un producto meramente histórico, como hiciera la Escuela Histórica del Derecho alemana (s� xix)�... more

Afirmar que el Derecho -incluido el vigente-es una realidad histórica, o es esencialmente histórico, no significa defender que el Derecho sea un producto meramente histórico, como hiciera la Escuela Histórica del Derecho alemana (s� xix)� Según esta, en el Derecho todo puede cambiar, todo es efímero o coyuntural, y no hay nada que quede al margen del dinamismo, nada es permanente� Quienes sostienen esta tesis necesitan probar por qué el Derecho de distintas tradiciones, civilizaciones y épocas presenta tantos aspectos comunes� Que el hombre esté en constante progreso, al igual que el Derecho esté en permanente desarrollo, no significa que el hombre haya dejado de ser humano y que el Derecho, en consecuencia, pueda dejar de ser el ref lejo -más o menos fiel-del ser humano, marco y referente ineludibles del Derecho y de los derechos� Si el Derecho en general tiene su historia, también los derechos humanos en particular tienen la suya� Aceptar la existencia de unos derechos naturales -como hicieran Bartolomé de las Casas, Vitoria, Suárez, Grocio, Locke, Pufendorf y tantos otros-, no significa negar ni minusvalorar el contexto histórico en el que el reconocimiento y la protección de tales derechos se hizo realidad� Afirmar que el reconocimiento de los derechos humanos es el resultado de un proceso histórico no significa sostener que su origen y fundamento sean históricos� Defender lo contrario supondría erigir la historia en fuente legitimadora del Derecho y de los derechos, como si la historia constituyera la fuente de moralidad sobre la que fundar la paz y la justicia sociales� La experiencia muestra más bien lo contrario� No todo episodio histórico constituye un modelo de moralidad que pueda servir como referente de conducta humana universalizable que promueva sociedades justas y pacíficas� De hecho, la historia de los derechos humanos muestra esta realidad� El reconocimiento de determinados derechos ha sido, en muchas ocasiones, la

This article investigates the transformation of criminal law, practice, and punishment within the late Ottoman Empire. It focuses closely on five intertwined aspects of the empire's extensively restructured criminal justice system, namely... more

This article investigates the transformation of criminal law, practice, and punishment within the late Ottoman Empire. It focuses closely on five intertwined aspects of the empire's extensively restructured criminal justice system, namely the concrete links between new penal codes, the extensive delineation of crimes, the adoption of incarceration as the primary form of criminal punishment, incarceration rates for particular crimes, and the deployment of Islamic legal norms and mores to legitimate these reforms. Through the promulgation and then expansion of these new penal codes together with other aspects of its overhauled criminal justice system, the Ottoman administration gradually gained a monopoly over the adjudication of criminal matters. This effectively circumscribed the autonomy of local administrators and Islamic court judges in adjudicating criminal cases and meting out punishments, thus making the prison the primary site of criminal punishment within the empire.

This paper considers the relationship between the Charter of Rights and Freedoms and Indigenous self-determination in the context of constitutional reconciliation in Canada. It begins by reviewing case law and legal scholarship on the... more

This paper considers the relationship between the Charter of Rights and Freedoms and Indigenous self-determination in the context of constitutional reconciliation in Canada. It begins by reviewing case law and legal scholarship on the application of the Charter to Aboriginal governments, with a particular focus on the debates over the interpretation of section 25, which stipulates that Charter rights cannot "abrogate or derogate" from Aboriginal and treaty rights. I show that, while different options have been suggested for how the Charter could be interpreted in the case of a conflict between Charter rights and Aboriginal rights, each of these possibilities creates problems of its own. Fundamentally, the seemingly irresolvable tensions that emerge between the various interpretations of section 25 reflect a deeper problem that it is necessary for a project of constitutional reconciliation to address: the underlying assumptions of Crown sovereignty and the place of Indigenous legal cultures in Canadian federalism. Ultimately, the paper argues that the Charter does have a role in the articulation of a nation-to-nation relationship between Canada and Indigenous peoples because it imposes a duty on courts to develop interpretations that are cognizable within Indigenous legal traditions.

This paper presents an overview of the juvenile delinquency concept, trends in the delinquency problem, factors that have been linked to delinquency, governmental efforts to reduce and/or prevent the problem. Some suggestions are made... more

This paper presents an overview of the juvenile delinquency concept, trends in the delinquency problem, factors that have been linked to delinquency, governmental efforts to reduce and/or prevent the problem. Some suggestions are made to improve prevention and rehabilitation efforts to curb juvenile delinquency.

Course Description This course introduces the legal profession not from the perspective of law practitioners, but from the social science studies on various aspects of this profession in North America and other social contexts. It does... more

Course Description This course introduces the legal profession not from the perspective of law practitioners, but from the social science studies on various aspects of this profession in North America and other social contexts. It does not teach students how to think like a lawyer, but it provides social science perspectives for understanding how the legal profession is organized, differentiated, and transformed over time. It also examines the relationship between lawyers and other social entities and processes, such as their clients, market competitors, state regulators, and the processes of globalization and political change. Readings The readings for this course consist of books, journal articles, and book chapters, all of which are available electronically via the U of T library website. As a graduate student, it is important for you to develop the basic skills of finding academic sources through the library. Therefore, no material accessible through the U of T library will be posted on Quercus and you are expected to find them by searching the library' online catalogue. If you experience any difficulty finding a specific course reading, please email the instructor and it will be made available to you. Course Requirements Quercus Weekly Essays You are required to write and post to Quercus eight 500-word reflective essays on eight weeks of the course readings during Weeks 2-12. Please note that these essays are NOT summaries or reading responses. Instead, you are expected to focus on one major argument or finding from that week's readings and critically challenge or problematize it in your essay. You may choose which eight weeks (out of eleven weeks) to write your essays-in other words, you have three "free tickets" not to write a weekly essay during the term. Each essay must be posted to the "Discussion" board on Quercus by 5:00pm on Tuesday to give the instructor and your classmates enough time to read it before class. These eight essays account for 40% of your final mark. Reading and Class Participation Reading is at the heart of this course. Please make sure to complete all the assigned readings before every class. In each week, the readings should be read and discussed as a whole body of texts, regardless of the specific combination of books, articles, or book chapters.

It is important to embrace the responsibility that comes with the new geological epoch of the Anthropocene, which, in terms of environmental law, requires nothing less than a radical revisiting of its basics tenets. In an attempt to... more

It is important to embrace the responsibility that comes with the new geological epoch of the Anthropocene, which, in terms of environmental law, requires nothing less than a radical revisiting of its basics tenets. In an attempt to incorporate the Anthropocene to my ongoing project on Critical Environmental Law, I examine it from three angles: grammar, theoretical perspective and methodology. Grammar refers to the need for a new, anthropocenic vocabulary that will deal with the challenges of the Anthropocene. To this effect, I suggest some terms, such as continuum/rupture, human/nonhuman/inhuman, as well as geologic immersion and planetary withdrawal. Theoretical perspective refers to the way current thinking changes or at least is affected by the Anthropocene – indeed, how current environmental legal thinking is turning in order to accommodate the needs of the new epoch. Finally, methodology refers to the way the Anthropocene changes the way we seek knowledge and the epistemological presuppositions of the limits of such knowledge. I offer four theses in the form of suggestions on how Critical Environmental Law needs to adapt methodologically in order to integrate the Anthropocenic grammar and perspective.

Postmodern theory of law is an umbrella term. It comprises various theoretical and more empirical schools of thought that are defined by 1. an attempt to see the law in its social context, namely not merely as positivist norms that come... more

Postmodern theory of law is an umbrella term. It comprises various theoretical and more empirical schools of thought that are defined by 1. an attempt to see the law in its social context, namely not merely as positivist norms that come through the usual annals of legal decision-making (whether national, regional, international, supranational etc.) but also as norms and behaviors that are produced in social interaction; 2. a tendency seriously to engage with interdisciplinarity, and work with the theoretical heritage of continental philosophy, such as postmarxism, deconstruction, phenomenology, psychoanalysis, literary theory, theories of embodiment and spatiality, art theory and aesthetics, as well as more explicitly political legal strands, such as feminist legal theory, ecology and law, law and economics, postcolonialism, law and race, third world approaches to international law (TWAIL), queer legal theory, law and popular culture, and so on.; and, 3. a strong critique against current neoliberal political and legal regimes, and also strands of legal theory that are either supportive or silently complicit with the above regimes. This is a short Encyclopaedia entry, describing the main points of a Postmodern Theory of Law.

The goal of this paper is to examine the hyperinivisibilization of Southeast Asians in America and how it interacts with various mechanisms of the American racial project— Asianization, racially-ascribed deviance, relative invalidation,... more

The goal of this paper is to examine the hyperinivisibilization of Southeast Asians in America and how it interacts with various mechanisms of the American racial project— Asianization, racially-ascribed deviance, relative invalidation, colorism, and anti-Black ideology within the Asian community— to produce a particularly unique and complex racialization process for Southeast Asians. Additionally, it will also highlight resulting policies past and present towards Southeast Asian peoples having to do with what Juliet Stumpf termed the “crimmigration system” that are rooted in a form of double displacement and position Southeast Asians as both inferior and alien. And lastly, it celebrates the values that our community holds dear: giving back to parents and the community, resistance and resilience, and activism in challenging dominant ideologies and furthering social justice, and charts new potential waters for resisting the crimmigration system through institutional policy and practice. My hope is that Southeast Asian activists, scholars, and the community at large will use these tenets as well as knowledge of their history of organizing to mobilize for social change in the diaspora.

The sharing economy is here to stay, and the theory and evidence is fairly unambiguous: the existing price regulation regime governing the taxi marketplace in the City of Toronto is indefensible. This paper canvasses the existing... more

The sharing economy is here to stay, and the theory and evidence is fairly unambiguous: the existing price regulation regime governing the taxi marketplace in the City of Toronto is indefensible. This paper canvasses the existing empirical evidence, and examines the so-called ‘Taxi Cab’ problem through the lens of price theory, institutional economics, transaction cost theory, and behavioural law and economics. Integrating economic analysis with the normative juridical prescriptions of the common law, this paper produces a ‘Balancing of Factors’ model to guide policy-making and regulatory re-design. To balance the consumer interest and the imperatives of the public interest, this paper suggests that municipalities ought to be divested of economic rule-making and enforcement power in tandem with modifications to existing highway/traffic, insurance, and licensing legislation at the provincial level.

This course is a graduate-level seminar that focuses on the deep reading and intensive discussion of theories and empirical studies in the sociology of law. We begin with classical sociolegal theories and then proceed to various topics of... more

This course is a graduate-level seminar that focuses on the deep reading and intensive discussion of theories and empirical studies in the sociology of law. We begin with classical sociolegal theories and then proceed to various topics of law and society research, including law in everyday life, court and litigation, law in the workplace, the legal profession, legal mobilization, law and the state, violence and human rights, law in space, law in time, and law and globalization. Readings Reading is at the heart of this seminar. Please make sure to complete all the assigned readings before coming to every class. In each week, the readings should be read and discussed as a whole body of texts, regardless of the specific combination of books, articles, or book chapters. All the selected reading materials are available electronically through the U of T library website. As a Ph.D. student, it is important for you to develop the habit and skills of finding academic sources through the library. Therefore, no material accessible through the U of T library will be posted on Quercus and you are expected to find them by searching the library catalogue. If you experience any difficulty finding a specific course reading, please email the instructor and it will be made available to you. Course Requirements Class Participation Seminar is the basic format of the classes, i.e., no lecture or in-class student presentation, but a group discussion of the assigned readings and Quercus essays of that week. You are expected to actively participate in class discussions. Class participation accounts for 20% of your final mark. Quercus Weekly Essays You are required to write and post to Quercus eight 500-word reflective essays on eight weeks of the course readings during Weeks 2-12. Please note that these essays are NOT summaries or reading responses. Instead, you are expected to focus on one major argument or finding from that week's readings and critically challenge or problematize it in your essay. You may choose which eight weeks (out of eleven weeks) to write your essays-in other words, you have three "free tickets" not to write a weekly essay during the term. Each essay must be posted to the "Discussion" board on Quercus by 12:00pm (noon) on Wednesday to give the instructor and your classmates enough time to read it before class. These eight essays account for 40% of your final mark. Final Paper The final paper of this course is a research paper on a selected topic based on course materials. Specific instructions will be given later in the term. The due date is 22 April 2022 (Friday) at 5:00pm. The final paper accounts for 40% of your final mark.

Recent attempts by lesbian, gay, bisexual, and transgender (LGBT) 1 activists and our allies to expand protections to LGBT people have tended to focus on two specific institutional sites: (1) Public schools and the attendant climate and... more

Recent attempts by lesbian, gay, bisexual, and transgender (LGBT) 1 activists and our allies to expand protections to LGBT people have tended to focus on two specific institutional sites: (1) Public schools and the attendant climate and safety issues for LGBT students and; (2) workplace equality in the corporate and business world. However, these efforts have mostly ignored the lives of those who work in public schools, workers who constitute one of the most vulnerable and least protected groups of LGBT employees. In this article, we draw on emerging social science research related to public school workers to draw attention to this phenomenon and build on the Safe Schools Movement's student-centered strategies, and the Workplace Equality Movement's market-based efforts to create equality for all, regardless of sexual orientation or gender identity/expression. We ask how LGBT climate issues affect those whose school day is also their workday, and examine the socio-legal strategies school workers have used to address anti-LGBT bias and discrimination. We conclude with a call for scholars and advocates within the Workplace Equality and Safe Schools Movements to more fully recognize public schools as workplaces too. Anti-LGBT bias and discrimination are built into the organizational structure of U.S. public schools. 2 This bias and discrimination can be observed in constituent components of * Madeline Adelman is an Associate Professor in Justice & Social Inquiry, Arizona State University. She has been involved in the safe schools movement for the last decade primarily as a volunteer leader with the Gay, Lesbian & Straight Education Network (GLSEN). Any opinions, findings, conclusions or recommendations expressed in this article are those of the authors and do not necessarily reflect the views of Arizona State University or GLSEN. Catherine Lugg is Professor of Education at the Graduate School of Education, Rutgers University. 1 " LGBT " is an acronym used to refer to a diverse group of people. It signals the linkages among transphobic and heterosexist bias, discrimination and violence; it also signals the ongoing history of organizing for social change among sexual minorities and gender non-conforming persons. The term " LGBT " is commonly used within the Workplace Equality Movement. Within the Safe Schools Movement, particularly among youth, " LGBT " is joined by other terms including " queer " and " gender queer, " both of which point to the constructed and contested nature of sexual and gender identities, and the rejection of binary understandings of sexual orientation (gay or straight) and gender identity (masculine or feminine). The term " queer " is also a reclamation project involving a term that has been (and continues to be) deployed against LGBT people. In this article, we tack between " LGBT " and " queer " to reflect local usage as much as possible, noting that the authors themselves make strategic decisions about terminology, depending upon context and purpose.

Di picu meledaknya revolusi industri yang setidaknya dalam sejarah yang diketahui bermula di kawasan Inggris, langkah awal adalah memenuhi kebutuhan pokok manusia dengan membangun antara lain pabrik tekstil dan pabrik mesin tekstil yang... more

Di picu meledaknya revolusi industri yang setidaknya dalam sejarah yang diketahui bermula di kawasan Inggris, langkah awal adalah memenuhi kebutuhan pokok manusia dengan membangun antara lain pabrik tekstil dan pabrik mesin tekstil yang dikategorikan berteknologi rendah dan minim modal. 3 Berpijak dari revolusi bersejarah tersebut pertumbuhan sains dan teknologi pesat tak lagi terhindarkan mendorong kebutuhan manusia yang semakin menuntut keberagaman, sudah barang tentu kompleksitas. Maka produk dan jasa makin membanjiri dunia yang saat ini katanya telah digandrungi globalisasi serta berbanding lurus dengan makin suburnya praktek produksi sebagai mula-mula terbentuknya komoditas tersebut baik itu produk atau jasa.

This chapter reflects on the recurrent focus of Australian public inquiries into child abuse on extra-familial and out-of-home settings and the relative lack of attention paid to familial abuse. Since the 1970s, public inquiries have... more

This chapter reflects on the recurrent focus of Australian public inquiries into child abuse on extra-familial and out-of-home settings and the relative lack of attention paid to familial abuse. Since the 1970s, public inquiries have become an increasingly common method through which governments respond to critical child protection incidents and public concern about child abuse. It is therefore striking that the last public inquiry into child sexual abuse that addressed incest concluded in the late 1980s. Since then, public inquiry has focused on abuse outside the family, although it is evident that there are ongoing and systemic failures to detect incest and provide adequate support to victims.
The chapter situates the avoidance of incest in public inquiries within the hegemonic norms of publicity and privacy in liberal democracies. It argues that incest’s position in the ‘private’ sphere of intimate and familial relations has delegitimised it as the focus of public inquiry. The privacy of incest was briefly disrupted by feminist activism in the 70s and 80s, which was reflected in a series of public inquiries into incest at the time However, familial privacy has since been reasserted in a neoliberal milieu in which the state is defunding social supports under the expectation that families are self-sufficient, and social problems are increasingly individualised and medicalised.
The reassertion of familial privacy is evident in the contemporary focus of public inquiries to extra-familial forms of abuse such as institutional abuse, clergy abuse and abuse in out-of –home care. The exception to this has been a number of state and federal inquiries into abuse in Indigenous families and communities, which is indicative of the selective interpretation of familial privacy by the state. While public inquiries have produced important learnings, they have granted abuse in extra-familial settings a public salience that is in contrast to relative invisibility of incest as a social problem. The chapter argues that incest remains an egregious form of child sexual abuse that has yet to receive adequate public attention and response.

This paper questions a lack of consideration for an underground activity in Poland before 1989. As such, this essay will challenge a popular assumption that organised crime did not exist before 1989 in the Polish People's Republic (PPR),... more

This paper questions a lack of consideration for an underground activity in Poland before 1989. As such, this essay will challenge a popular assumption that organised crime did not exist before 1989 in the Polish People's Republic (PPR), and that, any forms of organised criminal enterprise were insignificant in states employing socialism as a dominant social and political system. That is done by linking the political situation of the Polish People's Republic with the economic conditions of its people during the 1980s. The author's PhD research relating to that subject will be used in support including pragmatic and political explanations of the emergence of organised crime in PPR in the 1980s and supplemented by a discussion on a state as an organiser and facilitator of (organised) crime. Thus, this paper discusses a missing link in the development and growth of organised crime in Poland; and it aims at contributing towards the historical criminology by discussing the roots of organised crime in Poland before 1989.

Legal pluralism denotes both the multiple social fields which produce partially interacting norms and the state's recognition of the many sources of law which constitute its legislation. I advocates a break from traditional legal theory... more

Legal pluralism denotes both the multiple social fields which produce partially interacting norms and the state's recognition of the many sources of law which constitute its legislation. I advocates a break from traditional legal theory in favour of describing the law from a more sociological and anthropological perspective. This collection of essays attempts to define the notion of legal pluralism from a sociological, anthropological and theoretical perspective, and highlights the connection with particular Arab societies and countries.

En este artículo se argumenta que la movilización sociolegal transnacional en los conflictos socioambientales ligados al extractivismo es una estrategia de acción colectiva en constante crecimiento y expansión en América Latina. Dicha... more

En este artículo se argumenta que la movilización sociolegal transnacional en los conflictos socioambientales ligados al extractivismo es una estrategia de acción colectiva en constante crecimiento y expansión en América Latina. Dicha movilización revela la apropiación de los derechos humanos como una herramienta para el activismo por parte de amplios colectivos sociales en defensa del medio ambiente sano. Al analizar empíricamente la tendencia regional de movilización ante el sistema interamericano, se identifican actores, estrategias, diferencias por países y casos paradigmáticos.

Routledge Handbook for Law and Theory attempts to reconceptualise legal theory in a material, socially contextualised, affectively engaged and politically radical way. Its main purpose is to offer a new collective approach to the theory... more

Routledge Handbook for Law and Theory attempts to reconceptualise legal theory in a material, socially contextualised, affectively engaged and politically radical way. Its main purpose is to offer a new collective approach to the theory of law, unbound by the grand legal abstractions of pure textuality, strict normativity, universalised judgement , abstract political thinking, theoretically poor doctrinal or empirical work, and decontextualised philosophical inquiry. This volume distinguishes itself from positivist legal theory, most strands of traditional philosophy of law, but also from most forms of by now more or less normalised sociolegal or critical legal theory. This is because the volume represents an attempt to escape the often superficial veneer of interdisciplinarity in legal theory, and seriously situate legal thinking in the open plane of other disciplines as well as non-disciplines (namely, boundaries between disciplines, conceptual advancements that belong to many disciplines at the same time and ethical calls for not settling in a discipline), determined by such new parameters as the post/nonhuman, the anthropocenic, the material, the ontological, the ecological and so on. To this effect, the volume engages with supradisciplinary debates on the areas of spatiality, temporality, materiality, cor-poreality and sensorial studies, anticipating and perhaps even shaping in this way future developments of current legal theory.

This article explores of the cooptation of human rights discourse by looking into how Israeli military judges in the Occupied Palestinian Territories use human rights as professional capital. Previous research into human rights arguments... more

This article explores of the cooptation of human rights discourse by looking into how Israeli military judges in the Occupied Palestinian Territories use human rights as professional capital. Previous research into human rights arguments legitimizing the Israeli occupation remained confined to a unitary image of the state. Here, I dissect the separate professional project of military judges. Optimizing a self-congratulatory argument, judges portray themselves as human rights heroes of Palestinians. But while independent judicial activism would criticize human rights violations by the state, military judges use human rights as synonymous with legal professionalism, avoiding criticism and sidestepping human rights' challenge to state power. Using a multimethod approach including analysis of judicial decisions, academic articles by military judges, and fifteen in-depth interviews, I argue that between 2000 and 2010, Israeli military judges were responding to a professional legitimacy crisis by what I call mimetic convergence. Relying on new institutionalism and postcolonial theory, mimetic convergence produces belonging and mobility for a professional subgroup that experiences alienation in the "colony" through convergence with the specific characteristics of the legal community of the "metropole." Mimicking the state instead of criticizing it permits the two projects to coalesce: promoting military judges professionally, and legitimizing the state's colonial occupation.

In Mexico City, over 500,000 people are estimated to earn a living working as street vendors. In recent years Mexican street commerce has been increasingly criminalized in the context of “revanchist” neoliberal urban politics which have... more

In Mexico City, over 500,000 people are estimated to earn a living working as street vendors. In recent years Mexican street commerce has been increasingly criminalized in the context of “revanchist” neoliberal urban
politics which have aimed to “reclaim” and gentrify urban spaces, mirroring a global trend (Leal Martinez 2016, Swanson 2007, Janoschka et al. 2013). Yet the law structures the social lives of street vendors not only in its
repressive, revanchist capacity, but through more subtle and quotidian forms of legal disregulation (Goldstein 2015). My goal in this paper, accordingly, is to make sense of the role of legality in shaping the forms of
symbolic and affective labor in which street vendors engage beyond those areas which are explicitly targeted by neoliberal urban development schemes. To that end, I propose a framework of “ambiguous legalities” as a way to understand the relationship between law and the everyday production of street vending. Paying attention to ambiguous legalities means looking at the ways not only that legal uncertainties are created and maintained, but on the way in which they influence forms of everyday comportment and the invisible labor of symbolic boundary-work (Lamont 1992). Drawing on extensive fieldwork in Mexico City’s central wholesale market, I illustrate the ways in which ambiguous legality is produced through the legal technology of the vending permit, and describe how street vendors and other social actors attempt to make moral-legal claims through a process I refer to as “disambiguation.” Finally, I discuss how popular discourses about state illegitimacy and corruption contribute to legal ambiguities, and the challenges that they pose to street vendors in their efforts to combat popular perceptions of criminality and illegality

Against the backdrop of rising Islamophobia and a deficit in the literature of Muslim experiences of resistance to discrimination through the legal action, in this article, I employ an auto-ethnographic methodological approach to... more

Against the backdrop of rising Islamophobia and a deficit in the literature of Muslim experiences of resistance to discrimination through the legal action, in this article, I employ an auto-ethnographic methodological approach to critically reflect on my journey from classroom to courtroom, as a British Muslim woman of colour and liti-gant-in-person. While threading in excerpts of legal documents from the case, I highlight that: (a) as Muslims we must resist in ways acceptable to gate-keepers of the law, who are largely white and middle-class and unaware of the embodied realities of the inequality that minorities in Britain experience; (b) the law fails to take account of the "context" in which discrimination(s) takes place, as a result of which legal logic(s) and methodologies in cases of religious discrimination are flawed; (c) a religio-social capital operates against Muslims, negating positive social capital(s) such as education, and which, in the social penalties Muslims experience, accumulates greater weight than other intersecting subjectivity markers such as race, class, ethnicity, and gender. I contrast King's theory of "multiple jeopardy" with my embodied experience of discrimination and inequality, which I demonstrate using the model of the glass Rubik's cube.