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• This pilot study examines access to justice for people with epilepsy in Finland. • Only a few court cases provided little insight into their everyday problems. • The survey results show that they had experienced problems in many spheres of life. • Having refractory epilepsy was linked with experiencing everyday problems. • Perceived prejudice was also linked to the experience of everyday problems. The aim of this socio-legal pilot study is to gain insight into the access to justice for people with epilepsy in Finland by identifying the everyday problems experienced by them. Stigma, prejudice and their impact on the lives of people with epilepsy has been widely documented in the literature. Thus, we also wanted to explore whether there is a link between reported everyday problems and perceived prejudice. In the first phase of the study, court cases were used to describe the everyday problems of people with epilepsy in Finland. In the second phase, descriptive statistical methods were used to analyse the survey data collected from adults with epilepsy in Finland (n = 237). Based on only a few existing court cases, the problems faced by people with epilepsy seem to be similar to those faced by other groups of people with disabilities. The most common problems reported by our survey respondents were related to healthcare services (73 %) and work (54 %), followed by family (25 %), mistreatment (25 %), housing (24 %) and goods and services (19 %). Both having refractory epilepsy and perceived prejudice seem to be linked with experiencing everyday problems. The results of this pilot study on the everyday problems experienced by people with epilepsy suggest that there are various gaps in their access to justice, even in a developed EU country like Finland. [ABSTRACT FROM AUTHOR]

The article focuses on the concept of "digital constitutionalism" and the need for a socio-legal approach to address its complexities. Topics include the theoretical models of digital constitutionalism which range from incorporating private tech companies into constitutional values to the role of non-legally binding Internet bills of rights and the importance of a multilevel process in adapting constitutional principles to the digital age.

The issues with indigenous peoples are very frequent, the impact of development, investment, and deforestation is accompanied by land conversion activities for oil palm plantations and mining, making the rights of indigenous peoples marginalized. In this context, this study seeks to investigate: (1). What problems are experienced by the Papuan Indigenous Peoples and what protection should be accepted by legal and human rights approaches? (2) What are the challenges of Special Autonomy in Papua following the stipulation of the latest Special Autonomy Law, especially in Southwest Papua, and what kind of projections and challenges are needed to protect the Papuan people at large? This research uses socio-legal methods to identify legal procedures related to socio-cultural and political-economic aspects of the Papuan community. The result of this study shows that several points are specified to protect Indigenous Peoples rights in Papua, especially after Special Autonomy, namely the importance of protecting the human rights of Indigenous Peoples related to the right to self-determination, recognition of adat rights, and basic rights that should have affirmative policies carried out by the state to ensure that Indigenous Peoples can play a major role in protecting the environment and contributing to climate change prevention. Investment or state authority must be limited to protect, promote, and respect Indigenous Peoples in Papua and also Southwest Papuans. Then, with regard to the DOB in Papua, of course, it must be returned to its noble goal of protecting the rights of the Papuan people in realizing welfare and independence. Abuse of various forms of authority, including special autonomy funds in Papua must be condemned and strictly processed. Abstrak Problematika terhadap masyarakat adat sangat sering terjadi, dampak pembangunan, investasi, deforestasi disertai dengan aktivitas alih-fungsi lahan untuk perkebunan kelapa sawit dan pertambangan, menjadikan hak-hak masyarakat hukum adat menjadi tersingkirkan. Pada konteks ini kita perlu mengidentifikasi lebih dalam: (1). Bagaimana problematika yang dialami MHA Papua dan perlindungan yang harusnya diterima pendekatan hukum dan HAM; (2). Bagaimana tantangan Otsus Papua pasca UU Otsus terbaru, khususnya di Papua Barat Daya, proyeksi dan tantangan seperti apa yang dibutuhkan untuk melindungi masyarakat Papua secara luas. Penelitian ini menggunakan metode sosio-legal untuk mengidentifikasi prosedur hukum serta lebih dari itu berkaitan dengan aspek sosio-kultur, dan politik-ekonomi masyarakat Papua. Hasil penelitian ini adalahsetidaknya ada beberapa point untuk melindungi hak MHA di Papua khususnya pasca Otsus, yaitu pentingnya melidungi hak asasi dari MHA, berkaitan dengan hak menentukan nasibnya sendiri, pengakuan terhadap hak ulayat, serta hak-hak dasar yang harusnya ada kebijakan afirmatif yang dilakukan oleh negara untuk meastikan bahwa MHA dapat menjalankan peran besarnya dalam melindungi lingkungan hidup serta berkontribusi terhadap pencegahan perubahan iklim. Atas nama investasi atau otoritas negara yang berlebih, harus dibatasi dalam rangka perlindungan, pemajuan, dan penghormatan terhadap MHA, khususnya MHA di Papua. Kemudian, berkaitan dengan DOB di Papua termasuk di Papua Barat Daya, tentu harus dikembalikan kepada tujuan mulianya untuk melindungi hak masyarakat Papua dalam mewujudkan kesejahteraan dan kemandirian.

Current legal discourse puts forward socio-legal collaborations, integrated social work and legal practice and medical/legal partnerships as innovations from the legal sector aimed at resolving clients' intertwined legal and social issues. In doing so it has generalised and diminished the specific contribution in these programmes of highly skilled social work staff. This article sets out a study of Australian socio-legal collaborations to re-establish the significant contribution made by social workers in this sector. It argues that social workers are the dominant social service profession and provide integral practice and leadership contributions. It argues that further research in Australia and internationally is required to support social work to stand in leadership alongside lawyers, not only in these programmes but also in the discourse and sector that surrounds them. [ABSTRACT FROM AUTHOR]

Since access to justice scholarship has gradually become a more multifaceted, international and empirical endeavour, this special issue illustrates a broader scope of contemporary access to justice research from a multi-disciplinary and socio-legal perspective. The issue gathers contributions from European and US scholars, representing different disciplinary backgrounds, such as law, sociology of law, political science, philosophy, social work, and criminology, yet with a common interest in access to justice. This includes the study of various contexts (apart from the courts) and actors (apart from lawyers) who make unilateral legally based decisions that have direct consequences for individuals, or in other ways facilitates or hinders access to justice in a (broader) democratic sense. Through its contributions, this special issue identifies and discusses a variety of barriers and facilitators in areas where access to justice is deemed problematic and therefor highly important for policy and practice development. Dado que los estudios sobre el acceso a la justicia se han convertido gradualmente en una tarea más polifacética, internacional y empírica, este número especial ilustra un ámbito más amplio de la investigación contemporánea sobre el acceso a la justicia desde una perspectiva multidisciplinar y socio-jurídica. El número reúne contribuciones de especialistas europeos y estadounidenses, que representan distintos ámbitos disciplinarios, como el derecho, la sociología del derecho, las ciencias políticas, la filosofía, el trabajo social y la criminología, pero con un interés común por el acceso a la justicia. Esto incluye el estudio de diversos contextos (aparte de los tribunales) y actores (aparte de los abogados) que toman decisiones unilaterales basadas en la ley que tienen consecuencias directas para los individuos, o que de otro modo facilitan o dificultan el acceso a la justicia en un sentido democrático (más amplio). A través de sus contribuciones, este número especial identifica y analiza diversos obstáculos y facilitadores en ámbitos en los que el acceso a la justicia se considera problemático y, por tanto, de gran importancia para el desarrollo de políticas y prácticas. Available from: https://doi.org/10.35295/osls.iisl/0000-0000-0000-1351

The phenomenon of recidivism among former terrorism convicts presents a complex challenge within the socio-legal context. This study aims to explore the driving factors behind the recurrence of terrorism-related offenses among previously incarcerated individuals. By employing a socio-legal perspective, the research examines the interplay of social and legal factors that contribute to the re-engagement of former terrorism convicts in illegal activities. Drawing on existing literature and empirical data, this paper identifies various key factors, including societal stigma, socio-economic struggles, and deficiencies in the legal system. The study underscores the importance of comprehensive policies that address both social and legal dimensions to effectively prevent and address recidivism in the terrorism context. By understanding and addressing these driving factors, policymakers and practitioners can develop more targeted and nuanced interventions to facilitate successful rehabilitation and reintegration while safeguarding national security and promoting social cohesion.

Legal scholars have historically studied and shaped attitudes and approaches to torture – in its infliction, identification, and inhibition. The role of law in the contemporary anti-torture movement has been no less important – with the law, its logics and lawyers positing and animating the prevailing international anti-torture framework. This article reviews the contemporary 'law and torture' scholarship published in the last forty years in the English language – examining and charting its assumptions, preponderances, and orientations. In so doing, the article situates the cares and concerns of scholars (and their texts) along a doctrinal-critical continuum. The article aims to illustrate areas in which research is advanced and others which remain understudied – concluding with several connections and directions for future research. [ABSTRACT FROM AUTHOR]

The human instinct to be better than others causes various deviations; the instinct for eating, power, sexuality, selfishness, Etc. Contributes to various forms of ignorance/deviations, which are called social diseases. Diseases of society are part of social life that is always present in society. Therefore, its existence is a common problem and requires a joint solution. Currently, people's awareness of social ills has diminished, so the condition is very alarming; as can be seen at every crossroads, there are many beggars, homeless people, and disabled people; it even happens in schools—early childhood. Therefore, the concern of all levels of society is needed to be involved in solving and overcoming this problem. The problem of children at this time is not only a problem for families, society, and the nation, but it has also become a world problem, which also involves world institutions. Therefore, the problem of children today is a serious and global problem. For this reason, it is necessary to pay attention to all elements of society so that they take part in dealing with and alleviating these problems. How to cite item: Suratman, T., Shanty, W. (2022). Socio-legal study of community pathology in the social space. Jurnal Cakrawala Hukum, 13(3), 337-346. DOI:https://doi.org/10.26905/idjch.v13i3.8880.

شرعت فرنسا الزواج المدنى ، ثم اكتسب شرعيتة من الإعلان العالمي لحقوق الإنسان فى المادة 16 ومفادها إيجاز الزواج المدنى دون أيِّ قيد بسبب العِرق أو الجنسية أو الدين، وفى مصر يطبق فى الشهر العقارى بوزارة العدل على غرار الزواج المختلط ويكون بين مسيحي ومسلمة، أو مسلم ومسيحية ؛ مما ينتج عنه مخاطر للأمن المجتمعي والعقائد الدينية والحقوق، ويهدف البحث معرفة أبعاد الزواج المدنى اجتماعياً وقانونياً من خلال دراسة استطلاعية تتبنى نظرية المجال العام عبر وسائل التواصل الاجتماعى ،وتعمد لدراسة حالات مثيرة للإستبصار . وقد توصل إلى نتائج أهمها للبعد الاجتماعى أن وعى الأسرة من المحاور التى أثرت فى الإقبال ، كما تبين تأثير جماعة الأقران والأقارب على الدعم والتحفيز ، مما إنعكس على طبيعة التعايش مع المحيط المجتمعى للحالات التى استقرت فى مصر بشكل دائم. وعلى طبيعة التجانس والتوافق بين الزوجين من حيث الشعور بالرضا والمسؤولية. كما اثرت وسائل التواصل الاجتماعى على تنامى الظاهرة من خلال سرعة التعارف والحوار وتقليص المسافات بين الأفراد، لثقافة النسق العالمى التى تتيح التواصل بحرية دون قيود الدول والأديان والأجناس واللغات. أما قانونياً مازال الزواج المدني في مصر في أضيق الحدود ، لعدم وجود قانون يعترف بالزواج المدنى إلا أن الحالات الموجودة تم إبرام عقدها خارج مصر أو بشكل غير رسمى أو على غرار الزواج من أجانب . كما أن الحقوق المدنية التى يكفلها الزواج المدنى للمرأة لا تناسب الضوابط الدينية والتشريعية ، بل تتعارض مع الحقوق والواجبات والممنوعات والمسموحات فى الزواج الإسلامى و المسيحى . Abstract France legalized civil marriage, then gained legitimacy from the Universal Declaration of Human Rights in Article 16, which states that civil marriage is permitted without any restriction because of race, nationality or religion. Muslim and Christian; Which results in risks to societal security, religious beliefs and rights. The research aims to know the dimensions of civil marriage socially and legally through an exploratory study that adopts the theory of the public sphere through social media, and deliberately studies cases that provoke clairvoyance. And he reached the most important results for the social dimension, that the awareness of the family is one of the axes that affected the turnout, and the influence of the group of peers and relatives on support and motivation was shown, which was reflected on the nature of coexistence with the social environment of the cases that settled i Egypt permanently. And on the nature of homogeneity and compatibility between spouses in terms of a sense of satisfaction and responsibility. Social media has also affected the growth of the phenomenon through the speed of acquaintance and dialogue and the reduction of distances between individuals, due to the culture of the global format that allows communication freely without restrictions of countries, religions, races and languages. As for legally, civil marriage in Egypt is still within the narrowest limits, There is no law recognizing civil marriage, but the existing cases were concluded outside Egypt, informally, or similar to marriage with foreigners. Moreover, the civil rights guaranteed by civil marriage to women are not compatible with religious and legislative controls, but rather conflict with the rights in Islamic and Christian marriages.

Women with disabilities have experienced double marginalisation. As women, they remain marginalised by patriarchal culture and religious conservatism, and as persons with disabilities, their participation in social, political, economic, and cultural life has been constrained by the state and society's barriers. Even though Indonesia has ratified the Convention on the Elimination of All Forms of Discrimination Against Women and the Convention on the Rights of Persons with Disabilities, the marginalisation of women with disabilities remains an important issue. In this context, by applying a qualitative method, this article addresses the question of how women with disabilities mobilise existing legal and institutional resources to pursue empowerment. It finds that in the process of legal mobilisation, they employ three different strategies: advocacy from above, advocacy from within, and advocacy from below, through which a better condition has been achieved but the challenges for further empowerment remain in place. [ABSTRACT FROM AUTHOR]

This study analyses the implementation of legal pluralism theory in a unitary state, such as the Republic of Indonesia, for historical and political purposes. The Special District Province of Yogyakarta, formally known as Ngayogyakarta Hadiningrat Sultanate, is one of the provinces whose territory and government have existed before Indonesia's independence. When Sultan Hamengku Buwono led this province as the king, it significantly enjoyed many privileges within the Unitary State of the Republic of Indonesia, which apply to date. However, it is still possible to find discriminatory policies, especially in the agrarian sector, aimed explicitly at the Indonesian Chinese community due to the implementation of the Governor Instruction of 1975. As a result of this policy, the Indonesian Chinese are not entitled to land ownership rights in this region. This discriminatory policy serves as a window to explain how the social, cultural, political, and historical structures of Yogyakarta impact the implementation of the legal pluralism concept within the Republic of Indonesia. Historical and legal approaches within the socio-legal framework are used in this research. [ABSTRACT FROM AUTHOR]

Every country has populations that are affected by malnutrition, and one third of all people in the world are malnourished. Among approaches to addressing malnutrition, the language of human rights is notably present in international nutrition discourse and national policy and covenants, but the conceptualization, implications and utility of human rights for nutrition practice are contested. This empirical research explores how the utility of a 'right to nutrition' is perceived by different actors, and how differences in interpretation affect its potential for reducing malnutrition. In undertaking this qualitative case-study, we apply socio-legal, critical development studies, and political science approaches to compare and contrast written documents and stated viewpoints, across actors in different sectors and levels from global to local, with a focus on Zambia. Human rights are clearly integrated with ideas of nutrition in written documents across levels, but these are largely rhetorical devices providing moral leverage and guiding language, not clearly directing action. Zambia has domesticated relevant international human rights law and has recent case law implicitly underpinning a right to nutrition; using the law brings a strengthening of policy, but also a narrowing of focus in terms of populations covered and issues justiciable. Views on what a right to nutrition means in practice are contested, with a lack of citizen's rights education limiting participation, and a lack of clear norms on who should be doing what scattering accountability. Our research demonstrates that there are three distinct aspects to a rights-based approach—rhetorical, legal and practical—but that these generally act in silos. We argue that explicitly acknowledging these three functions of human rights is an important first step if a right to nutrition is desired; and explicitly addressing these aspects in combination and in context is fundamental to a coherent rights-based approach to nutrition. [ABSTRACT FROM AUTHOR]

The prosecutor is one of the law enforcement officers who have an orientation to enforce the law in society. The prosecutor in this case does not only apply the law in the form of written texts in the Act, but also looks at the context in social-societal reality. This study aims to explore the socio-legal aspects in implementing the duties of the prosecutor in realizing justice in society. This research is a normative legal research by prioritizing socio-legal aspects. This study uses primary legal materials, namely: the 1945 Constitution of the Republic of Indonesia, the Prosecutor's Law, the Prosecutor's Regulation on Restorative Justice. Secondary legal materials include: books, journal articles, as well as various research results on law enforcement by the Attorney General's Office. Non-legal materials include: various results of non-legal studies on law enforcement by the Attorney General's Office. The approach in this study uses a conceptual approach and a statutory approach. The results of the study confirm that prosecutors in law enforcement in Indonesia are oriented towards law enforcement tasks in the field, which means that prosecutors need to look at non-legal aspects and understand several aspects of social reality in society to maximally enforce the law in society. The urgency of the socio-legal approach regarding the role of prosecutors in Indonesia is to make prosecutors more comprehensive in understanding legal issues that develop in society.

This article outlines the value of administrative data for family justice research. Although socio-legal scholars have extended their research beyond purely theoretical or doctrinal analyses, studies using large-scale digital datasets remain few in number. As new opportunities arise to link large-scale administrative datasets across health, education, welfare and justice, it is vital that the community of family justice researchers and analysts are supported to deliver research based on entire service or family court populations. In this context, this article provides a definition of administrative data, before outlining the potential of single, linked or blended administrative data sets for family justice research. The remaining sections of the article speak to questions that are pertinent to this particular academic community, including the distinctive contribution of the socio-legal scholar to interdisciplinary teams and the place of data providers in collaborative research. Drawing on the sociological concept of 'publics', the final section considers the multiple interest groups whose social licence must be secured, when personal records are used to understand the relationship between law and family life. [ABSTRACT FROM AUTHOR]

The decriminalization of cannabis in Canada has required a host of regulatory changes at the federal, provincial, and municipal levels. Provinces have operationalized the development of legal markets in very different ways, offering an opportunity to perform comparative analysis of business responses. This article outlines and delineates the various regulatory frameworks that have been employed at the provincial level, discusses how they have impacted the development of the legal cannabis market, and considers how they have resulted in some further regulatory changes. After reviewing coevolution as a conceptual framework, the implementation of legalization of recreational cannabis is discussed, followed by an exploration of different provincial approaches at a general level. The effects of that framework on the first phase of legal market operations are explored, with a focus on issues emanating from regulatory choices through discussions of five regions: British Columbia, the Prairies, Ontario, Quebec, and New Brunswick; each section exemplifying different priorities in the regulatory choices. Several themes emerge in the discussion. First, provincial approaches to retail licence approval have created severe bottlenecks, affecting consumer access to legal recreational cannabis. Additionally, the regulatory framework for those licences has resulted in a chilling effect on many potential entrepreneurs. Second, a reduction in black market sales has not yet occurred, largely due to the failure of some provinces to adequately provide retail licences and support legal distribution channels, or to operationalize the retail sales network. Third, many provinces struggled with operationalizing wholesale distribution to the retail stores, initially leading to administrative restrictions on store licences. Finally, issues of fairness and equity, effective displacement of the illegal market, government's role as a market regulator and participant, and other issues that emerge from the critical comparison of the provincial markets are addressed. [ABSTRACT FROM AUTHOR]

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This Article provides a novel insight into how earlycareer scholars in the UK may combine different theoretical tools in their research, and the implications that this may have for the socio-legal discipline. This Article draws upon the author's experience of combining theoretical tools from different schools of thought: Feminist legal theory, Bourdieusian theory, and Actor Network Theory, within the context of recent research into experiences of those representing themselves in family court hearings in England and Wales. Combining these theories for the first time, this Article explores the difficulties, tensions, and benefits of combining tools within socio-legal research and reflects upon the influence of the pedagogical and institutional resources that characterize the socio-legal research environment in the UK. This Article argues that the task of combining different tools provides scholars with the opportunity to work politically, because the process of reconciling tensions between different approaches requires researchers to reflect upon the worldviews that underpin their selected theories. In this sense, it argues that combining different theories within socio-legal research is a political activity, because researchers are required to reflect not only on how theoretical choices may contest, expand, or develop dominant assumptions that characterize socio-legal scholarly traditions. [ABSTRACT FROM AUTHOR]

Statutory and other forms of government-led environmental regulation (further 'environmental regulation') have evolved considerably since the mid-twentieth century. However, JEPP scholarship has shown little engagement with these developments over the last two decades. This lack of attention is unwarranted because environmental regulation is still a dominant approach to achieving the goals of environmental policy and planning. This article seeks to map, explore and evaluate current JEPP engagement with environmental regulations; explore three of the major developments in statutory and other forms of government-led regulation over the last decades relevant to environmental policy and planning; and present an environmental regulation research agenda for future JEPP scholarship. [ABSTRACT FROM AUTHOR]

Background and Purpose: Due to the increase in the number of cross-border marriage and limited research available in the area, the paper sets on discussing the application of the related laws and practices that surround cross border marriage among the Muslims in Malaysia. Methodology: This research used the socio-legal approach and qualitative method. The data had been obtained through interviews with 11 informants, consisting of officials of the religious office in Malaysia and in Southern Thailand, officials of the Malaysian Consulate in Songkhla, Thailand as well as couples who practised cross-border marriage. Apart from that, analysis document had been used to analyse statutes and reported cases. Findings: This research shows that the practice of cross-border marriage among Muslims couples in Malaysia is due to strict implementation of the law and their aceptance and openness in going for crossborder marriage. The lacuna of specific provisions relating to cross-border marriage in the law has led to global legal issues that require resolution using international instruments. Contributions: This article is hoped to pave the way for a more comprehensive study on the cross-border marriage which the findings will be useful to further improve the current legal provisions in Malaysia. [ABSTRACT FROM AUTHOR]

Copyright of Yıldırım Beyazıt Law Review (YBLR) is the property of Ankara Yildirim Beyazit University Law School and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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

This article explores the links between our roles as academics, advocates, and activists, focusing on our research on treatment decisions for patients in vegetative and minimally conscious states. We describe how our work evolved from personal experience through traditional social science research to public engagement activities and then to advocacy and activism. We reflect on the challenges we faced in navigating the relationship between our research, advocacy, and activism, and the implications of these challenges for our research ethics and methodology—giving practical examples of how we worked with research participants, wrote up case studies and developed interventions into legal debates. We also address the implications of the impact agenda—imposed by the British Research Excellence Framework— for our actions as scholar‐activists. Finally, we ask how practicing at the borders of academia, advocacy, and activism can inform research—helping to contextualize, sensitize, and engage theory with practice, leading to a more robust analysis of data and its implications, and helping to ensure a dialogue between research, theory, lived experience, front‐line practice, law, and public policy. [ABSTRACT FROM AUTHOR]

What is the future for and of law and society scholarship? The Issue Editors here introduce the issue's themes of disruption, temporality and law and their interconnection. Questioning the deeper implications that an era of political, cultural and technological disruption has for law and society scholarship, the various contributions to the special issue are given in outline and drawn together. The broader point emerges that any linear conception of temporality must find itself disrupted not by technology itself but by a radical plurality of laws. [ABSTRACT FROM AUTHOR]

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.

Following civil war, (re)establishing operational, legitimate and accessible justice systems for resolving disputes is touted as critical for sustainable peace. While rule of law programming has gained significant traction as the favoured solution internationally, questions remain as to what approach such programming should take, and how complex dynamics in societies emerging from civil war affect local populations trying to access justice, particularly in legally plural settings. This article sheds light on these questions by examining a case study of a programme that took an alternative approach to the 'rule of law orthodoxy'. The programme, known as PEACE Foundation Melanesia, engaged with customary justice systems in post-conflict Bougainville, and took into account some of the contextual realities faced by local populations. In particular, the material presented in this study-drawn from 42 interviews-shows how post-conflict insecurity, and related concerns about related psychological ill-health and cycles of retaliation played a significant part in preferences, experiences, and impact of the programme for local populations. [ABSTRACT FROM AUTHOR]

The reform of the Italian Code of Criminal Procedure (ccp) in 1989 was an ambitious attempt to transplant adversarial principles in a Criminal Justice System (CJS) that was rooted in its inquisitorial structure. From the pure legal perspective, the reform failed because the CJS appears now as a superimposition of adversarial values on a structure that remains inquisitorial. From the socio-legal comparative perspective, however, there are other contextual issues that deserve to be analysed. Following the introduction, I will focus on the changes that have taken place in the Italian ccp in 1989. This part of the article will explain the new semi-adversarial legal structure of the Italian CJS and the reasons why the current procedural system appears very complicated. The second part of the article will concentrate on the inquisitorial cultural resistance that Italian legal actors use to oppose the adversarial reform. The cultural analysis will be emphasised through the contextualisation of the 1989 reform in the Italian distinctive socio-political environment. In the third part I will analyse prosecutors’ legal culture to discuss the internalisation of adversarial principles in the Italian CJS. The conclusion will emphasise the importance of socio-legal asymmetrical comparisons to study the evolution and harmonisation of European procedural traditions. [ABSTRACT FROM AUTHOR]

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The brief note aims to illustrate how historical context has contributed to my writing on modern sports law and principally through two pieces of work – the first relating to the historical,sui generisorigins of the legality of combat or fighting sports, which continues to stretch the boundaries of core principles of criminal law, such as reasonable consent to bodily harm, to their utmost; and second, and more generally, the ‘historicalegal’ influences on the development of modern sport in mid-nineteenth-century Britain. Before that is done, it is best to give some account of research methodologies in legal scholarship and principally as they apply to legal history. [ABSTRACT FROM PUBLISHER]

The article explores the factors that contributed to the introduction of confusion into the legal discourse. The factors include the creation of the registration system itself, developments in the case law around the notion of deception, the breakdown of the rigidities in the law and the changes in how the system saw the individual. The rise of utilitarianism, the acceptance of the internal life of individuals and their possession of knowledge is discussed.

The article explores factors influencing legal action filing over post-employment restraint of trade decisions, including motivators behind employers and employees, the role of legal tests and the operation of the law.

This article examines the regulation of directors' remuneration in EU, UK and Belgian law. The author argues that there are two categorises of norms for the regulatory framework of directors' remuneration: one is market-based, market efficiency norms of agency costs; the other is socio-legal norms. The paper argues that agency costs – a responsive mode of governance – alone cannot adequately address the problems of directors' remuneration. On the other hand, socio-legal norms – which are value and ethics-focused – can better construct a paradigm capable of addressing a broader issue of directors' remuneration in the EU context. Agency costs-based regulation has been used by the EU whereas socio-legal matters have been left to Member States. The article shows how socio-legal norms could form the underlying basis of the regulatory regime by examining the laws in the UK and Belgium. It is concluded that the European Court of Justice will need to carry out the role of negative integration by harmonising these social values in developing EU company law. [ABSTRACT FROM PUBLISHER]

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. La réduction de l'utilisation d'énergie dans l'immobilier loué à usage commercial nécessite de mieux comprendre les « immeubles en tant que communautés ». Les biens immobiliers loués avec un bail commercial représentent: (1) les communautés divergentes qui partagent des bâtiments particuliers; et (2) les communautés organisationnelles représentées par des sociétés propriétaires et locataires multisites. Dans tout espace loué avec bail, la possibilité d'effectuer des modifications environnement ales passe par la médiation du bail (qui les entravent ou les rend possibles). Ce débat s'appuie sur une compréhension à la fois théorique et pratique (1) des relations socio-juridiques entre les propriétaires, les locataires et leurs conseillers; (2) de l'efficacité réelle de la conception de stratégies de prestations de services liées aux bâtiments visant à améliorer l'efficacité énergétique; (3) de la manière dont les cultures organisationnelles affectent la capacité du secteur à s'engager dans des stratégies d'efficacité énergétique; et (4) des fondements financiers et économiques de la relation entre propriétaires et occupants. La complexité transformationnelle découle: (1) de la diversité du parc de bâtiments commerciaux; (2) du nombre des parties prenantes (notaires, investisseurs, promoteurs, agents immobiliers, propriétaires, locataires et gestionnaires d'immeubles); (3) de la fragmentation au sein des communautés de pratiques; et (4) des structures de la location avec bail et de la langue employée. Il est proposé un programme de recherche véritablement interdisciplinaire qui regroupe à la fois les sciences physiques et sociales traitant de la consommation d'énergie dans les bâtiments, afin de rendre efficaces les solutions technologiques par une compréhension de la manière dont les immeubles sont utilisés et dont les communautés se comportent. Mots clés: gestion d'actifs, immobilier à usage commercial, communautés de pratiques, gestion de l'énergie, baux verts, propriétaires, rénovation, programme de recherche, socio-juridique, locataires [ABSTRACT FROM AUTHOR]

The purpose of this article is to examine a number of sociological principles underlying various models of advocacy, in order to determine any guidelines which could be used to resolve the tension between concepts of 'best interests' and empowerment in legislative and policy frameworks for advocacy services. Ireland has recently enacted the Citizens Information Act, which recognises the right to a personal advocate for certain people with disabilities who are seeking to enforce their entitlements to access social services. This legislation will be used as a case study to assess the extent of a tension between 'best interests' and empowerment in the context of a legal entitlement to statutory advocacy. [ABSTRACT FROM AUTHOR]

Abstract: Rejecting the concept of law as subservient to social pathology, the principle aim of this article is to locate law as a critical matter of social structure – and power – which requires to be considered as a central element in the construction of society and social institutions. As such, this article contends that wider jurisprudential notions such as legal procedure and procedural justice, and juridical power and discretion are cogent, robust normative social concerns (as much as they are legal concerns) that positively require consideration and representation in the empirical study of sociological phenomena. Reflecting upon scholarship and research evidence on legal procedure and decision-making, the article attempts to elucidate the inter-relationship between power, ‘the social’, and the operation of law. It concludes that law is not ‘socially marginal’ but socially, totally central. [Copyright &y& Elsevier]

This paper documents how and attempts to explain why homeowners have adopted an increasingly strategic approach to the defence of the home and the progressively vengeful pursuit of those who invade the home. This approach has been articulated via the political process as well as through a media 'conversation' that form a milieu within which defensive homeownership has emerged. It is suggested that a threshold has been crossed marking a transformative moment in which left-leaning calls for understanding have been supplanted by a call for the increasingly vicious defence of home territories. In a broader context of neo-liberalism the transition toward increased privatism, freedom of choice and unfettered agency now closely correspond to the position of homeowners as 'consumer sovereigns'. Defensive homeownership therefore appears not only as the aspiration of homeowners for safety but also as a result of a complex interrelationship between political, media and ideological systems that have generated strong impressions of risk and victimisation. The paper documents the powerful socio-legal and political discourses which have reinforced territorial instincts while generating a broader culture of fear played out through celebrated cases in the public domain. In conclusion, it is argued that defensive homeownership expresses an aggressive aspect of the socio-political constitution of that tenure and a broader need for the deployment of cathartic public policies in defence of embattled home territories. [ABSTRACT FROM AUTHOR]

Focuses on the comments of Margaret Thornton about the impact of neo-liberalism on the comodification and globalization of legal education in universities in Great Britain. Role of colleges and universities in the process of educational transformation; Influence of the increasing number of students on the privatizing imperatives of higher education; Changes occurring in the political economy and legal practice transforming legal education and scholarship.