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This study employs Durkheimian sociology, anomie in particular, to examine breed-specific legislation in Windsor, Ontario. This thesis is unique in that it analyses breed-specific legislation (BSL) in a way that has not been done previously, by applying a rigorous, sociological theory perspective. Other than discussions on totemism and limited discussions of animals, previous applications of Durkheim’s theories on anomie, morality and law have not focused on human-animal relationships, especially the relationship between humans and companion dogs. Human animal studies (HAS) and critical animal studies (CAS) literature has not employed the Durkheimian concept of anomie to understand human-animal relationships and BSL specifically. I conceptualize anomie as a social condition resulting from moral derangement and the overabundance of conflicting moral rules, how they are understood and applied that results in a lack of stable moral references. This conceptualization of anomie guides my analysis of the provincial Dog Owners’ Liability Act R.S.O. 1990, CHAPTER D.16 (DOLA) and the municipal By-law 245-2004 (BL-245). I use the DOLA and the BL-245 to analyse how obligations and sanctions are imposed upon humans and animals, while looking for evidence of anomic social relations. The findings of this thesis indicate that there are discrepancies in the collective consciousnesses, law, science, and the general public. It also articulates how risk and responsibility impact human-animal relationships. Finally, this study exemplifies how breed-specific legislation destabilizes the epistemic reference of what makes a dog a dog.

There has been a strong historiographical focus on quantifying medieval crime and profiling criminals. This methodology has often resulted in a failure to consider the intersection between the law and social attitudes. This current investigation is interested in the extent to which legal privileges or social norms shaped criminal statistics. The project has captured evidence on all suspects and victims of homicide, ravishment, and bloodshed, in extant coroner and gaol records for York, the three Ridings of Yorkshire, and in four manorial courts. Unlike previous scholarship, this project does not attempt to calculate crime rates or to create a profile of the ‘typical criminal’. Medieval legal sources cannot answer these questions due to missing records, unreliable population data, multiple jurisdictions, the politics of law, and discretionary power. Instead, this doctoral work uses the tools of legal and social identity, defined respectively as how people were treated by the law, and their position in society, to better understand the male prevalence. The first section of this thesis is a study of those prosecuted for interpersonal violence; the main point is that despite the overrepresentation of lay men, the legal identity of married women and clergy did not shield them from criminal prosecution. The second section is a study of victims and argues that although women were excluded from the formal structures of law, they actively engaged in community ‘policing’. The third section focuses on the context of violence, showing that the presentation of murder was highly gendered, with jurors justifying or excusing male defendants, while remaining comparatively silent on female violence. Finally, the impact of identity on judicial outcomes is analysed. It is shown that as self-defence was linked to masculinity and honour, male defendants could be pardoned, whereas women fell into the binary categories of innocent or guilty. However, amercements for bloodshed in the manor court were likely determined based on economic status rather than legal or social identity., This research was funded by the Economic and Social Research Council

Reflexivity increases the reliability of qualitative research studies and can fuel conversations as to how field researchers make judgments of complex challenges that are simultaneous of a practical, scientific and ethical nature. In this paper, I will reflect on the collection of empirical data for two case studies on the role of the European Union in the regulation and remediation of labour rights violations in the Kenyan floriculture industry and the South Korean electronics industry. This paper has two intertwined objectives. First, this paper explores reflexivity on my research experience and the use of methods in empirical fieldwork. Second, this paper questions the Anglo-American elements of my research, which had been reinforced by my School’s Research Ethics Committee. I explain how the contexts of research institutions and research participants can starkly differ and may not always be attuned to each other. I suggest that awareness of and training in “positive ethics” might be useful to deal with such issues.

Paparan disampaikan dalam Rakor Petugas Jaringan Dokumentasi dan Informasi Hukum (JDIH) Organisasi Perangkat Daerah Kabupaten Pemalang.Kegiatan diselenggarakan oleh Bagian Hukum SEKDA Kabupaten Pemalang. Bersama materi paparan juga disertakan dataset peraturan yang diambil dari laman web jdih.pemalangkab.go.id

This thesis is a study of legitimacy and protest policing in contemporary Hong Kong through a framework called the legitimist game. Legitimacy describes power relations that are recognised as rightful. It has become an established concept in criminology, with a growing body of literature within the last two decades. However, the literature has focused almost entirely on quantitative analyses of community surveys of public perceptions of police legitimacy and the implications for public behaviour. Qualitative studies of legitimacy are rare; more crucially, legitimacy at protests remains largely unexplored. My research seeks to fill this gap in our knowledge by exploring the experiences and expectations of protestors as well as their perceptions of police. The data come from the 2016-17 and 2019 research phases, 17 months of field observations and a total of 40 in-depth interviews. Insights from Wittgenstein���s language game (1958) are applied, for the first time, to a criminological analysis of legitimacy. The bodies of literature on social movement and protest policing are reviewed. It is found possible to improve the dialogic model of legitimacy (Tankebe 2013; Bottoms and Tankebe 2012) by using a game metaphor. The findings are presented in terms of 1) games in the field, and 2) experiences and perceptions; these are drawn from the field and interview data respectively. The field data from the two phases are separately discussed to inform us of the situations in these periods. Major roles are observed. Cooperative moves are seen to become aggressive due to both ideology and sentiments. The moves are made according to rules, which are turning from being ritualized to sentimental. The protestors��� experience resonates with Brodeur���s (1983) idea of ���high policing��� with nationalist elements. There are issues and misunderstandings around their basic expectations. They also gather self-legitimacy through their definition of Hong Kong, charisma, and an intuitive sense of legitimacy. The thesis ends with summaries with respect to research questions and chapters, as well as discussions of limitations, implications and the matter of change.

Resumo: O artigo discute a pandemia, na conjuntura brasileira, e suas repercussões para o trabalho do(a) assistente social no sociojurídico - Poder Judiciário, Ministério Público e Defensoria Pública. Debate os efeitos das contrarreformas na condição de trabalhador(a) do(a) assistente social e na precarização das políticas públicas. Situa o trabalho remoto, as tensões engendradas por mecanismos administrativos de contenção de custos e de ampliação do trabalho virtual e formas de resistência desenvolvidas. Abstract: This article discusses the covid-19 pandemic, in Brazilian context, and its repercussions for the work of the social worker in Socio-Legal - Judiciary, Public Ministry and Public Defender’s Office. Debate the effects of counter-reforms in the conditions of social workers and on the precariousness of public policies. It situates remote work and the tensions engendered by administrative mechanisms to contain costs and expand the forms of virtual work, and forms of resistance by professionals.

Resulta relevante, novedoso y pertinente como precedente académico, que desde el módulo de investigación surja un primer producto a partir de las experiencias propias de sus autores, docentes de investigación, que en cada uno de sus espacios académicos desarrollan clase tras clase y de forma paralela los contenidos propios de la investigación como ciencia y sus conceptos particulares frente a determinadas temáticas para el caso configuradas como socio-jurídicas, debe el módulo de investigación proponerse ejecutar como criterios parametrizados nuevas obras tendientes a contextualizar a los alumnos que son un público objetivo prioritario a los cuales debe infundírsele el animus investigativo, como se verá en cada uno de los capítulos desarrollados dentro del presente texto, los antecedentes de cada una de las temáticas abordadas, contextualizarán al lector en la estructura propia de una investigación que parte por dar a entender precisamente los precedentes contextuales temáticos tanto de la argumentación jurídica como de la investigación científica y académica. Los temas abordados dentro de esta obra, son una muestra de los avances investigativos en temáticas contemporáneas y muy ajustadas a la realidad actual, que podrán incentivar aún más la investigación, para el caso desde el derecho, del cual se entiende su evolución y movilidad acorde con el desarrollo propio de la sociedad y de la raza humana como tal, generando un alcance practico en proyectos de investigaciones que partirán por lo menos de un marco general argumentativo e interpretativo, tal vez como el principal objetivo de este manuscrito.

What is the place of apology in law? What is the meaning of apology in a complex landscape of meanings based on a socio-legal appreciation of legal concepts? This special issue explores the place of apology in the legal system within three broad inter-related themes: the meaning of apologies; the effectiveness of laws protecting apologies and the role of apologies as remedy, redress and reparation. The articles focus on apologies within the legal system and encompass what happens when a person apologises and how the legal system responds to that apology, the impact of an apology and its use in the criminal justice system and on civil liability, how this differs across different legal systems and societies, and what legal systems can learn from sociology, philosophy, psychology and economics in relation to apology. ¿Cuál es el lugar de la disculpa en el derecho? ¿Cuál es el significado de la disculpa en el complejo paisaje de significados basado en una comprensión sociojurídica de los conceptos jurídicos? Este número analiza el lugar de la disculpa en el sistema legal, a partir de tres temas generales interrelacionados: el significado de las disculpas; la efectividad de las leyes que protegen las disculpas y el papel de las disculpas como remedio, compensación y reparación. Los artículos se centran en las disculpas dentro del sistema jurídico e incluyen qué ocurre cuando una persona pide perdón, y cómo el sistema jurídico responde a esa disculpa, el impacto de una disculpa y su uso en el sistema de justicia penal, y en la responsabilidad civil, cuáles son las diferencias entre los diferentes sistemas legales y sociedades, y qué pueden aprender los sistemas jurídicos de la sociología, filosofía, psicología y economía, en lo que respecta a las disculpas. DOWNLOAD THIS PAPER FROM SSRN: https://ssrn.com/abstract=3013381

Legal geography holds great promise for socio-legal scholars interested in the processes of spatial governance and the world around us. This chapter outlines how legal geographical research can use understandings of space to demonstrate how law can be read spatially and what this achieves. There is no single way to do legal geography; scholars have emphasized the importance of provincialism and diversity for both intellectual and ideological reasons. While empirical and phenomenological research have so far predominated in legal geographical work, this chapter shows how critical legal analysis that engages with geography’s conceptual core can enrich both our understanding of law and law’s place in the world. Approaching legal geography methodologically, this chapter will set out the cross-discipline’s scope and tensions, outlining a method of reading law spatially, applying this to the English and Welsh 1999 case of DPP v Jones about a protest on the highway. The chapter concludes with a call for expansion in the scholarly imagination and a recognition of intellectual debts to feminist and critical race legal scholars in expanding our understandings of how we could read law.

Before carrying out work in the socio-legal field, it is necessary to consider the ethical implications of the work and to go through the required ethical approval processes. Often, depending on the project, this will be straightforward, as the work will not give rise to significant ethical dilemmas. Sometimes though, in projects that will involve human subjects and sensitive issues such as mental health and sexuality, investigated either through quantitative or qualitative methods, further ethical enquiry will be necessary. This further enquiry will usually entail consideration of the project by a research ethics committee, who will be checking the application to ensure that there is no danger to the researcher or to the institution. The kind of risk considered is usually physical, financial, legal, and/or reputational. This chapter considers the likely ethical questions that will be asked of socio-legal work and how to navigate the process of dealing with these questions. I also look at an example of how a ‘risky’ participatory sexuality project can produce particular challenges to ethical regimes. These challenges are both to the underlying prejudices in the decision-making processes of ethics committees and to academia as a conventional and ‘straight’ space. I consider how we, as socio-legal scholars, might navigate these prejudices, the types of prejudice that might be encountered, the potential effects on research, and the necessity of confronting and challenging these prejudices through ethical awareness in socio-legal research.

Contexte : L’examen de l’évolution de la réponse sociale à la violence conjugale met en lumière le fait que plusieurs États, dont le Québec, ont privilégié l’institutionnalisation de politiques et la création de pratiques favorisant le recours à des systèmes de réponse coordonnée au sein des communautés pour contrer le problème de la violence conjugale. Cette prise en charge a mené au développement et à l’implantation de différentes initiatives depuis les années 1980. Parmi celles-ci, notons des services sociojudiciaires spécialisés, des mécanismes de concertation intersectorielle et des protocoles de collaboration où des pratiques psychosociales et judiciaires sont liées. Une grande part de ces initiatives implique au premier plan des actrices psychosociales et judiciaires et s’inscrit à l’intérieur de différents systèmes d’intervention implantés dans les communautés aux États-Unis, en Australie, au Royaume-Uni et au Canada. Au Québec, ces services, mécanismes et protocoles agencés au sein de systèmes de réponse sont regroupés sous l’appellation « intervention sociojudiciaire ». La thèse présentée dans ces pages porte sur cette intervention. Plus spécifiquement, elle vise à circonscrire, dans une perspective globale, l’intervention sociojudiciaire en violence conjugale au Québec sur la base des représentations professionnelles des actrices qui la mettent en œuvre. Méthodologie : Pour atteindre cet objectif, une recherche qualitative s’inspirant de l’étude de cas unique a été menée dans l’une des 17 régions administratives du Québec. La méthodologie retenue pour recueillir les données sur ce cas a été l’entretien auprès d’informatrices clés qui estiment faire l’expérience professionnelle de l’intervention sociojudiciaire en violence conjugale. Ainsi, 37 entretiens individuels semi-dirigés ont été réalisés auprès d’intervenantes provenant de 10 types d’organisations impliquées dans la réponse sociojudiciaire à la violence conjugale. Ces entretiens ont été analysés par le biais d’un ensemble de stratégies d’analyse de contenu dont certaines se sont appuyées sur différents modèles issus du travail de conceptualisation de l’objet de recherche. Qui plus est, ces analyses et leurs résultats se sont inscrits plus largement dans le cadre théorique des représentations professionnelles et dans une épistémologie constructiviste pragmatique. Résultats : Globalement, les résultats de l’étude ont permis de mettre en lumière, de décrire et d’analyser quatre pans essentiels de l’intervention sociojudiciaire en violence conjugale : ses composantes, ses pratiques, ses cadres et orientations prescriptifs et ses défis. Pour chacun de ces éléments, il a été possible de constater la présence d’expériences et de représentations professionnelles partagées parmi les participantes de même que d’autres qui se distinguent selon leurs différents sous-groupes d’appartenance, dont particulièrement le champ de pratique et l’appartenance organisationnelle. De plus, cette étude a permis de faire le constat que la mise en œuvre de l’intervention sociojudiciaire en violence conjugale dans la région étudiée est réalisée de façon peu intégrée alors que la majorité de ses pratiques impliquent peu ou pas d’interdépendance entre les actrices. Enfin, il a été remarqué la présence de nombreux défis susceptibles de compromettre la cohérence des actions mises en place au sein du système de réponse étudié. Retombées : Au niveau théorique, l’étude réalisée a mené à l’élaboration d’une définition de l’intervention sociojudiciaire en violence conjugale telle que pratiquée au Québec. Elle a par ailleurs permis de situer cette intervention au niveau sociohistorique et de mettre en lumière d’une part, les dimensions de cette intervention où des avancées ont été constatées et d’autre part, celles où peu d’évolution et même des reculs semblent présents. Au niveau pratique, l’étude contient le potentiel d’améliorer les collaborations, notamment en favorisant une meilleure connaissance et compréhension des différentes réalités vécues par les actrices impliquées dans le système de réponse étudié. De plus, elle met en lumière le peu de pratiques concertées et l’absence de pratiques intégrées, lesquelles sont réputées plus efficientes pour répondre aux situations d’intervention plus complexes. Ainsi, des questionnements sont soulevés quant à la capacité du système étudié de répondre aux besoins des nombreuses personnes aux prises avec la violence conjugale qui doivent également composer avec d’autres problématiques complexes., Context: Examining the evolution of social response to domestic violence highlights the fact that many states, including Québec, have prioritized the institutionalization of policies and the creation of practices favouring coordinated response systems within communities to counter the problem of domestic violence. This process has led to the creation and development of various initiatives since the 1980s. Among these, we find specialized socio-legal services, interagency coordination mechanisms, as well as collaboration protocols that combine psychosocial and judicial practices. A large part of these initiatives involves psychosocial and judiciary key players and are part of various intervention systems established within the communities in the United States, Australia, United Kingdom, and Canada. In Québec, these services, mechanisms and protocols, coupled within response systems, are united under the designation “socio-legal intervention”. The subject of the following thesis is this intervention. More specifically, this thesis will aim to circumscribe, in a holistic perspective, the socio-legal intervention in cases of domestic violence in Québec based on professional representations of the key players who implement it. Methodology: To reach this objective, a qualitative research inspired by single case study was conducted in one of the seventeen administrative regions of Québec. The selected method to collect data in this study was interviews with key informants who have professional experience with socio-legal intervention for domestic violence cases. Thus, 37 semi-structured individual interviews were conducted with key players from 10 types of organizations involved in the socio-judicial response to domestic violence. These interviews were assessed with an array of content analysis strategies, some of which were based on different models derived from conceptualization work of the research subject. Furthermore, these analyses and their results are more broadly positioned into the theoretical framework of professional representation and in a constructivist pragmatic epistemology. Results: Overall, the results of the study bring forth, describe and analyse four different and essential aspects of the socio-legal intervention with regards to domestic violence: its components, its practices, its framework and prescriptive orientations, and its challenges. For each of these elements, it has been possible to notice the presence of shared experiences and professional representation within the participants, as well different experiences according to the participants’ various affiliations, particularly in the professional field of practice and in the organizational affiliation. Through this study, it was observed that the implementation of the socio-legal intervention with regards to domestic violence in the examined region is not very integrated, since most of its practices involve little or no interdependency between its key players. Finally, numerous challenges that can compromise the coherence of the undertaken actions in the studied response system were observed. Repercussions: At the theoretical level, the study conducted led to the elaboration of a definition of socio-legal intervention in cases of domestic violence, as practised in Québec. The study has also circumscribed this intervention in its socio-historical context and shone a light on the areas of this intervention process where notable progress was noticed; and on the areas where little evolution and even setbacks seem present. At the practical level, this study has the potential to create better collaboration, notably by promoting a better knowledge and comprehension of the different realities experienced by the key players involved in the studied response system. This study also highlights the small number of concerted practices as well as the lack of integrated practices, both of which have been proven to be more efficient in responding to more complex intervention situations. Thus, questions are raised as to the studied system’s capacity to respond to the needs of the large number of people struggling with domestic violence issues as well as with other complex difficulties.

Governments around the world are encouraging social science research using administrative data to support policy development. These initiatives depend on wide-scale public acceptance to succeed and are often supported by a legal basis. The care.data initiative in the UK, which sought to open up routinely collected health data to researchers, is an example where societal expectations of privacy diverged from legally permissible data processing practices. This discord led to the closing down of the project. The factors influencing societal expectations and causing these divergences are currently under-theorised, and little understood, particularly in the field of administrative data. The thesis argues that data processing utilising innovative technologies challenge current constructions of privacy and the notion of the public interest in data processing. As a result, the approaches of the EU Data Protection Directive and individuals’ attitudes towards these practices diverge. In developing this argument, the contested nature of the interests of privacy and the public interest in data processing, which are interests present in the objectives of the Directive are explored. The thesis suggests that different values underpin the construction of these interests and further proposes that these different values are a potential source of the divergences between the Directive and individuals’ attitudes. This claim is tested by examining the Directive and the empirical findings from two focus groups to identify potential divergences. The analysis suggests the Directive constructs privacy by reference to its value to society and perceives research as a data processing activity in the public interest. The qualitative findings, however, suggest individuals ascribe less value to research as an activity in the public interest. Due to individuals’ uncertainty as to the risks generated by novel practices, they adopted a more individualistic construction of privacy, enabling greater control over their data. Considering these divergences, possible legal responses are explored, including the suitability of the law aligning with individuals’ expectations, the ability of the law to guide societal expectations, and the possibility of the law fostering deliberative dialogues between the actors involved in data processing.

Cohabitation has become increasingly widespread, yet the law refuses to recognise the consequences of the breakdown of such relationships. The inaction of Parliament has left it to the courts to distribute proprietary rights based upon the law of trusts. However, the focus on purely financial contributions, penalises those who are most vulnerable. The most problematic consequence of this is that the approach taken to cohabitation replicates gender inequalities which are prevalent throughout society. Attempts to achieve formal equality and those discourses which indicate such an approach, have done nothing to achieve any form of ‘real’ equality. Unmarried cohabitation serves as an example of the wider implications of inequality, and demonstrates the potential for an approach which recognises difference to change social reality both within the legal sphere and without. Engaging in a desk-based inquiry which analyses case law and legislative proposals through a socio-historical lens allows for differing approaches to equality to be identified. Through this process, connections are drawn between the socio-legal construction of women, the rhetoric of the judiciary, and the equality approach adopted and implemented. This piece aims to demonstrate that formal equality is flawed. The law’s continued focus on the concept merely replicates the gendered nature of resolving cohabitation disputes, thus undermining equality in practice. What is necessary is for difference to be recognised, adopting an approach which lies between substantive and formal equality. This would allow for the recognition and alleviation of the gender bias inherent in both society and the CICT regime.

This thesis explores the experiences that birth mothers face in adoption proceedings within a socio-legal context. With analysis of data from interviews with 32 birth mothers synthesised with the relevant provisions of the Adoption and Children Act 2002, it is argued that ingrained unfairness and a lack of accountability exists in the legal and administrative system where birth mothers’ rights are concerned. The requirement for fairness in adoption practice is an underlying principle of jurisprudence from the European Court of Human Rights, with emphasis on the right to family life under Article 8 of the Convention. Analysis extends to the social problems of blame and stigmatizing of birth mothers which originates from those agencies involved in the adoptions. It highlights the perspectives and voices of birth mothers, who are seldom the focus in leading discourses of professional practice in this area. This research moves some way towards equalising this disparity by acknowledging their experiences and arguing that what they have to say should be noted by professionals involved in adoption practice. The findings demonstrate the interrelationship between birth mothers and the law, with critical examination of the results in relation to previous research and jurisprudence from the family courts. This is work by a researcher with ‘insider status’ of one who shares the ‘birth mother’ identity with the participants. In order to validate the study, the research methodology is underpinned with reflexivity which demands that the researcher examines her own feelings, reactions, and motives and how this influences the analysis and the findings. This approach lessens the risk of bias and authenticates research by ensuring transparency. The original contribution to knowledge required for a doctoral thesis is the socio-legal approach to the methodology, the primary data generated from interviews with birth mothers and the subsequent findings which demonstrate the inconsistency between the law and their experiences of adoption practice.

This thesis critically assesses the scope and method of criminalisation of the concept of fraud under the Fraud Act 2006 through the discussion of an apparent ‘duality’ between (co-existing) criminal and non-criminal resolution mechanisms. The reader will find social sciences theory and mixed-methods research techniques being used to identify and characterise a dysfunction between legislation and the social function of fraud control and its resolution. The 2006 Act appears to present a categorical and monolithic headline offence of fraud qualified by dishonesty, yet it is not clear that the Act clearly identifies the scope of effective criminalisation with respect to fraud. The dishonesty-based conduct offence provided in the Fraud Act 2006 is examined in the context of contemporary theory and practical considerations that relate to the discipline of law-enforcement. This work investigates pre-industrial modes of fraud resolution and identifies industrial-era points of divergence between the concepts of fraud and theft (a similar headline offence defined and criminalised under the Theft Act 1968). The work also offers an empirical study of survey-based data collection involving one-hundred-and-forty participants (N=140). It measured the practical extent of criminalisation of fraud in terms of participant indications of the (typically) most likely official outcome in response to sixteen hypothetical examples of fraud offences. The survey results appear to support practical, contextual, and theoretical considerations from the literature on the inhibitors to the consistent application of a conduct-based general fraud offence. The data and findings highlight the advantages of detailed actus reus-based criminalisation of types of fraud that require additional control through effective criminalisation.

A basic tenet and challenge of copyright law is the need to balance the interests of a range of stakeholders, from authors and performers to publishers, producers, broadcasters, intermediaries, service providers and the general public. To ensure that this balancing act takes place, policymakers involve organisations representing these stakeholders in the development of policy and the drafting of legislation in several ways, including through meetings, public consultations, and stakeholder dialogues. However, the process by which stakeholders steer the course and substance of copyright law and policy, their behaviour, as well as the varying extent to which they impact and characterise the copyright policy framework, have rarely been the specific focus of empirical research in IP. The present thesis examines creators’ organisations (COs) as participants and shapers of copyright policy. Through a socio-legal study into the workings of The Society of Authors, the Authors’ Licensing and Collecting Society, the Musicians’ Union, and the Performing Right Society on several contemporary policy issues, the thesis observes how two types of organisations: trade unions and collective management organisations, across the music and publishing industries, engage in policy work. Through in-depth analysis of primary data obtained from interviews with CO representatives as well as documentary data (public consultation responses, policy briefings, press releases, reports, academic studies, and more), the thesis captures and discusses differences in the behaviour of these actors and argues that these differences are not fully understood by policymakers. It illustrates how factors such as an organisation’s mandate, resources, membership composition, political power, and self-concept, influence an organisation’s policy proactivity. Some actors may be more concerned with influencing the copyright policy agenda itself, while others primarily seek to shape its outcomes. The thesis also identifies power dynamics and imbalances between the COs and argues that some actors are in a better position to effectively participate in policy compared to others. Furthermore, it discusses the effects of the plurality of actors with varying interests and priorities, as well as the competition of policy issues that this provokes. In this context, the thesis illustrates the complex structure of the copyright policy environment and, in particular, the role of umbrella organisations and ad-hoc coalitions in the furtherance of a particular policy issue or position. It concludes that as a result of complex stakeholder dynamics, power imbalances, and policymakers’ insufficient understanding of these phenomena, certain creators’ issues will not surface onto copyright policy agendas and will thus remain unaddressed by copyright law. The thesis further concludes that complex stakeholder dynamics challenge the objective of developing evidence-based policy and render the copyright policy process unclear and its outcomes unpredictable. Given the disparity of views and positions on many copyright law issues, policymakers often attempt to shape law and policy outcomes as a compromise between different stakeholder interests. However, this does not always produce sound or appropriate results for copyright law.

The issue of the Islamic headscarf has been in the centre of the political debate whether it fits into the Western culture or not. Several member-states in the European Union have issued laws and regulations that impose restrictions on wearing the Islamic headscarf in the public sphere. Even some EU courts have ruled such restrictions imposed by member-states. Recently, this issue has been discussed in the context of the occupational life. In a dispute before the European Court of Justice, the ban was considered as legitimate. In this research, I analyse the judgment from a socio-legal perspective and analyse the intersectional identity of Mrs. Achbita who is a party in the dispute, considering that she belongs to the social category of veiled working Muslim women.

This paper offers a new perspective on the “development” of the intellectual property regimes in the United Kingdom. The system put in place under the 1875 Trade Marks Act may be seen as the last of a sequence of earlier “technologies” that sought to administer the creative endeavours of (sections of) the English population. Prior to the trade mark registration (that included examination) there was the registration of designs that did not require examination but was necessary for the protection of the right. In the eighteenth century, patent specifications were lodged with the Crown via a process that was much more involved than that was instituted for designs in the nineteenth century. Before that, books had to be enrolled with the Stationers’ Company before they could be printed. And, in what may be seen as an earlier attempt at the centralised regulation of artefacts of expression, the Rolls of Arms (maintained by the King of Arms) was repository of coats of arms for English nobility. An exploration of these different technologies of regulation, in their socio-political context, will offer new insight into the antecedents, and limits, of the registration systems that are now common across the intellectual property world.

This paper discusses socio-legal research which was carried out as part of a doctoral thesis nearing completion entitled ‘Horses for Courses’: An analysis of equine sports regulation and disciplinary procedures regarding the non-human athlete’. The central research question is ‘whether the regulation, disciplinary procedures and rights of appeal in equine sports satisfy the requirements of ‘due process’, ‘human rights’ and ‘natural justice’. This work inter alia required a re-examination of the social construction of the horse in sports and with regard to popular culture. It is this aspect of the research that this paper concentrates on, not detailed legal arguments. Doping and prohibited medication control in sports involving horses is continuing to prove problematic. Morally innocent competitors and owners, up to and including Her Majesty the Queen of England, continue to be stripped of winnings and awards. In terms of those intending to use unlawful PEDs only ‘dopy dopers’ are being caught with the more sophisticated cheating escaping detection. Some of the reasons for these problems stem from sports regulation failing to keep up with current social constructions of the horse. The central tenets of regulation regimes like those based on the WADA Code are strict liability and reverse burdens of proof, these in turn are rooted in the concept of human autonomy and the athlete being responsible for everything that enters the body. This paper seeks to demonstrate that the sport horse is now constructed as a non-human athlete and therefore this type of regulation is not effective or suitable. The arguments explored in this paper include but are not limited to the fact that the horse is no longer a bulk source of power for industry, agriculture, or warfare but nevertheless contributes to the UK leisure economy to the tune of £7bn annually before the betting industry is even considered. Further, in terms of its importance as a cultural icon it is still a key feature in art, sport, advertising, media coverage and fashion. This paper goes further still and postulates that the social construct has evolved to that of athlete-celebrity and therefore sports involving horses are unique in that they involve teams of human and non-human (non-autonomous) athletes. In particular, this paper considers the Olympic equestrian sports and horse racing as examples to demonstrate how inequitable the use of Code derived regulation is. 'Repugnance' is not too strong a word to describe the resulting tribunal decisions and this paper proposes an alternative regime of sports governance for equines which embraces mainland European legal philosophy more than it does that found in Anglo-American legal systems.

La protection des lanceurs d’alerte représente une notion passionnante en ce qu’elle soulève des questionnements théoriques et pratiques dans un grand nombre de disciplines. Si la notion d’alerte éthique appelle des réflexions sociologiques de la part de plusieurs auteurs, peu de travaux académiques abordent, à ce jour, de manière approfondie, une approche sociologique des problématiques juridiques que pose la protection du lanceur d’alerte. Le présent article a pour vocation d’introduire quelques pistes de réflexion sur l’intérêt d’une telle approche socio-légale, et de replacer l’alerte éthique dans le cadre des théories du pluralisme juridique et de la sociologie pragmatique. L’article explore notamment le caractère transnational et l’émergence de normes de sources extra-étatiques qui caractérisent la protection des lanceurs d’alerte, proposant une interprétation des dynamiques juridico sociales de cette protection à la lumière des théories pluralistes juridiques. Whistleblower protection is a fascinating topic which raises both theoretical and practical research questions in a great range of research fields. Plus, even though the notion of ethical whistleblowing has sparked many innovative sociological approaches of the phenomenon by some authors, very few scholarly works have, so far, conducted an in-depth research based on a sociological approach of the legal issues raised by whistleblower protection. This article aims at introducing the reader to some avenues for reflexion on the benefits of such a socio-legal approach, and recontextualising ethical whistleblowing in the broader context of both legal pluralism theories, and pragmatic sociology. In particular, the article explores, the emergence of extra-state normative orders protecting whistleblowers, suggesting a new approach of the socio-legal dynamics of whistleblower protection in the light of the theories of legal pluralism.

The study looked into factors involved in the spread of rape in Nigeria, also requested for suggestions on how to curtail it. It used a 25-item questionnaire. It was used to gather information from 207 respondents who attended a national conference of guidance counsellors. Findings revealed that the police, judiciary, excessive drinking, frustration, indecent dressing, are factors that heavily contribute to the spread of rape. People of low socio-economic status and legislators contribute to the spread of rape. Holistic approach should involve diverse segments of the society (the governments, non-governmental organisations, educational institutions) the victims and their survivors. Members of the society should engage in both preventive and combative efforts.

This article examines the relationship of historico-legal studies to the wider context of socio-legal studies. It issues a challenge to rethink the nature and role of legal history in the light of socio-legal theory and the extent to which it out to be used by legal scholars. The discussion explores the benefits to socio-legal studies of interdisciplinarity. It suggests that historical reconstructions that contextualise the law should be properly acknowledged as a subgenre at least of the socio-legal movement, not simply perceived as an add-on methodology.

This thesis proposes a legislative model Research and Development Tax Incentive (RDTI) for Australia to stimulate greater private investment in agricultural research and development (R&D), thereby increasing Australia’s contribution to global food security. A review of the food security literature demonstrates that underinvestment in agricultural R&D is diminishing the world’s capacity to sustainably provide food security for all. The international literature on tax policy and reform, whilst generally silent on the specific challenge of food security, does confirm the positive role that taxation measures can potentially play in assisting with contemporary social challenges. Guided by pragmatism, this socio-legal reform orientated thesis undertakes comparative case studies of RDTIs from Japan, South Africa and the United States to elicit their strengths and weaknesses and identify best practice. These findings, together with a critical analysis of the existing Australian RDTI law, are drawn together in developing the proposed legislative model. The merit of the model is also considered in terms of the widely accepted criteria of a good tax system, namely certainty and administrative efficiency (including simplicity and compliance costs), in conjunction with the potential to contribute to global food security. In an attempt to integrate taxation and innovation with other economic objectives, the model RDTI legislatively incorporates national strategic research priorities to produce a more cohesive approach to R&D reform. This approach is designed to direct finite government funding towards targeted areas of national concern. It is envisioned that the model Australian RDTI could be adopted by other tax jurisdictions, or alternatively, adapted to encourage innovative approaches to other social challenges (domestic or global) in a relatively flexible and timely manner. The thesis demonstrates both the potential and merit for innovative tailoring of tax provisions which embrace benevolent aspirations alongside national economic objectives. The model RDTI is an example of how well-drafted legislation underpinned by clear policy intent can drive meaningful and strategic tax reform for the betterment of society as a whole.

A central point of departure for this socio-legal study about online hate crimes concerns the significance of analysing and understanding social norms in relation to these crimes on the Internet. This is of importance not least when one approaches the issue of how law and the legal system may contribute towards positive developments in this field and prevent hate crimes. It is apparent that law and social norms function concurrently in influencing behaviours. On the one hand, social norms have a strong impact on how law is formulated due to law typically being shaped to reflect the morals and values in society. On the other hand, the reverse effect can also play an important role: When law leads and paves the way for changed behaviours, it may in time produce changes in social norms. People tend to revaluate their views of right and wrong and adapt their values towards legally advocated behaviour. People also tend to make demands of their social environment in a manner that coincides with legally grounded values. Through clear legal signals, processes are initiated that have the potential, in time, to lead to changed social norms. People must, then, not only consider the legally constructed risk involved in being caught, sentenced and punished, we must also relate to the risk of being condemned by our fellow citizens. The empirical study is made in Sweden and the article present the Swedish legal and social context related to different hate crimes and how these phenomena are perceived among Swedish Internet users.

The idea of ‘home’ is problematic for lawyers. Although the significance of home sometimes appears to be acknowledged in legal discourse, the proposition that home can encapsulate meanings beyond the physical stricture of the house or its capital value continues to present conceptual difficulties for lawyers. Starting from the reference to ‘respect for home’ in the European Convention on Human Rights, this article considers why courts are reluctant to give effect to any recognition of the non-financial values of home, with the result that the financial claims of secured creditors and landlords overwhelmingly prevail over the ‘home’ interests of occupiers. These issues are considered in the context of law’s preference for rationality and objectively definable, ‘provable’ interests. The article suggests, however, that the idea of home in law is not unworkable, but rather underdeveloped. A number of ad hoc examples are presented as evidence of law’s capacity to recognise ideas linked to home in order to further particular policy aims, so long as this does not run counter to the overarching goals of the system. Finally, the article evaluates avenues through which lawyers could engage productively with home theorists in other disciplines to develop a more coherent legal concept of home.

Bill C-25, The Truth in Sentencing (TIS) Act legislates the reduction of credit awarded for time served in pre-sentencing custody. The Act is but one initiative that reflects a shift toward punitiveness by the West. In reading the literature, a gap was identified concerning TIS activities in relation to the current Canadian predicament of crime control, and a socio-legal perspective provided a creative means of looking at this gap. The primary data was coded and analyzed using sensitizing categories derived from a leading theoretical framework. This framework posited the existence of conflicting criminologies and resulting strategies together forming the present regime of truth. This thesis concludes that 'truth' in sentencing is premised upon contradictory understandings as defined by the framework, that conflicting rationalities are reproduced within TIS and that although the Act is touted as an administrative reform, it also reasserts sovereign power over issues of crime and its control.

This paper provides a general overview of trends and patterns in divorce in the present-day western world, focusing especially on the interaction between legal and behavioural aspects of union dissolution. The account is written from a sociological rather than a legal perspective. Its purpose is to provide sociological background and context for an assessment of trends in the legal regulation of couple breakup. It first provides a brief outline of trends in divorce rates in industrialised countries over the past half century, highlighting both the overall upward shift which occurred and the varied timing, pace and extent of that shift between countries. It then turns to a number of aspects of the interaction between law and behaviour that are associated with these trends. The first aspect is the import of the law itself as a possible influence on union stability, particularly the question whether the wave of liberalisation of divorce law that occurred in most western countries between the 1960s and 1980s might have contributed to the rise in marital breakdown that emerged at the same time. A related issue is the role of various forms of de facto and legal separation as alternatives to divorce for those exiting marriage, a question which is relevant to both the methodology of measuring marital breakdown and substantive concerns about the range of possible legal responses to union dissolution. A further topic the paper takes up also bears on what the law on union dissolution entails, as it concerns the de-institutionalisation of marriage represented by the growth of non-marital childbearing and cohabitation and corresponding change in what can be counted as fragile unions, which in turn raises challenges for the state’s role in regulating the process and consequences of union instability. This topic also points to the prominence of social policy as an element in state regulation of family life since welfare entitlements and maintenance arrangements arising from union fragility have regulatory impact and contribute to blurring the boundary between marital and non-marital family forms. The social gradient in union instability – how it varies by the socio-economic standing of couples – is also relevant to this issue since the balance between family law and welfare entitlements as points of reference for separating couples is likely to vary as we go from the top to the bottom of the social scale.

Reducing energy use in tenanted commercial property requires a greater understanding of buildings as communities. Tenanted commercial properties represent: (1) the divergent communities that share specific buildings; and (2) the organizational communities represented by multi-site landlord and tenant companies. In any particular tenanted space the opportunity for environmental change is mediated (hindered or enabled) through the lease. This discussion draws on theoretical and practical understandings of (1) the socio-legal relationships of landlords, tenants and their advisors; (2) the real performance of engineering building services strategies to improve energy efficiency; (3) how organizational cultures affect the ability of the sector to engage with energy-efficiency strategies; and (4) the financial and economic basis of the relationship between owners and occupiers. The transformational complexity stems from: (1) the variety of commercial building stock; (2) the number of stakeholders (solicitors, investors, developers, agents, owners, tenants and facilities managers); (3) the fragmentation within the communities of practice; and (4) leasehold structures and language. An agenda is proposed for truly interdisciplinary research that brings together both the physical and the social sciences of energy use in buildings so that technological solutions are made effective by an understanding of the way that buildings are used and communities behave. © 2012 Taylor and Francis.

The primary aim of this thesis is to consider whether the social work complaints procedure in Scotland is an appropriate means of dealing with dissatisfaction experienced by users of community care services. Debate in the socio-legal literature has focused on different models of justice in grievance and appeal mechanisms for users of public services. Set in the context of this wider debate, this study looks at the operation of the social work complaints procedure in Scotland, focusing on the experiences of complainants in two local authorities. Setting the research in context, the thesis looks at recent policy developments in community care in Scotland, at recent changes to the health complaints procedure and at proposals to change the social work complaints procedure in Scotland, England and Wales. The main source of data is interviews with people who had made complaints in the two local authorities. As well as looking at complainants’ views, the study also considers the views of people responsible for running the complaints procedure in both local authorities. Focus groups with community care service users were used to explore the views of those who may not have used the complaints procedure. A key concern is whether it is possible to distinguish different types of complaints: those which are primarily ‘appeals’ against refusal of services; and those which are about the way that people are treated. Using the experiences of people who had made complaints in both local authorities and a database of all complaints to one local authority, it is shown that it is not easy to make this distinction although some complaints fall more clearly into one category or the other. The classification of complaints relates closely to what people want from a complaints procedure. The purpose of a grievance procedure can be considered in terms of ‘models of justice’. The motivations of complainants and the views of those who operate the procedure are considered in the context of literature on models of justice. The thesis looks at how the complaints procedure operates in each of the two local authorities and considers the relative value of ‘informal’ and ‘formal’ processes. It goes on to look at what happens when people make formal complaints, whether complaints are resolved and what people think about this. Barriers to complaining are also considered. Finally the thesis looks at complaints which reach the end of the complaints procedure - the complaints review committee - and those which reach the Scottish Public Services Ombudsman. The thesis concludes that there is considerable ambiguity as to the purpose of the community care complaints procedure. Some complainants use the procedure as an ‘appeal’ against decisions made by the local authority, while others just want to get their problems ‘sorted out’. Some complainants are, at least in part, attempting to get the local authority to improve services for others. The emphasis of local authority staff in this study is primarily on ensuring that complainants have an opportunity to have their ‘voice’ heard. The word ‘complaining’ itself carries connotations which some service users see as negative, although others are more assertive in their use of the word. In procedural terms there is much that can go wrong between the initial ‘informal’ complaint and the more independent level of the procedure: the complaints review committee. There are considerable problems in defining ‘complaints’ and ensuring that they are handled within the guidelines. This means that it is difficult for justice to be seen to be done.

It is difficult to overstate the everyday importance of home in law. Home provides the backdrop for our lives, and is often the scene or the subject of legal disputes. In addition, in recent decades there has been growing academic interest in the meaning of home, which has promoted empirical studies and theoretical exploration in wide range of disciplines. Yet, while the authenticity of home as a social, psychological, cultural and emotional phenomenon has been recognised in ither disciplines, it has not penetrated the legal domain, where the proposition that home can encapsulate meanings beyond the physical structure of the house, or the capital value it represents, continues to present conceptual difficulties. This book focuses on the competing interests of creditors who lend money against the security of the property and the occupiers who dwell in the property, in the context of possession actions. By mapping the concept of home as it has evolved in other disciplines against existing legal frameworks, Conceptualising Home examines the possibilities for developing a coherent concept of home in law.

Drawn from an ongoing research which attempts to examine the socio-legal implications of the current adoption of ICT on the delivery of the civil justice system of the High Courts in Malaysia, this research aims to examine the socio-legal implications of ICT adoption in the abovementioned courts. The research adopts a qualitative method, comprising of the collection of primary data (which involves field work adopting case study design at two High Courts of West and East Malaysia) and secondary data (which involves library-based research). The primary data which have been generated is analysed by using the computer aided qualitative data analysis software ATLAS.ti version 7 prior to reporting of the same. It was found that there are several social and legal implications arising from the ICT adoption by the courts, including both advantages and disadvantages. Among others, ICT helped to speed up the disposal rate of proceedings, and reduce the backlog of cases. On the other hand, ICT at the courts also raised novel risks and uncertainties such as security and privacy risks, as well as risks associated with the transformation from a conventional system to ICT-based system. The findings will assist the researchers to propose recommendations for the amendment to the relevant statutes, improvement to the practice directions, and to propose best practices and code of conduct in implementing ICT in the Malaysian courts.&nbsp