sln 48 spring 2006 - slsa.ac.uk spring 2006.pdf · grace james university of reading e...

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N E W S L E T T E RT H E N E W S L E T T E R O F T H E S O C I O - L E G A L S T U D I E S A S S O C I A T I O N

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No 48

SLSA SMALL GRANTS:ANNOUNCEMENT OF2005 WINNERS The Small Grants Scheme is one of the SLSA’s mostimportant activities. Each year, grants of up to £1500 areawarded to members to encourage socio-legal researchinitiatives in practical ways. Here, we are pleased toannounce the winners of the latest round of awards andpublish research reports from last year’s winners.The research grants panel decided to support six projects thisyear with awards of between £1000 and £1500. The winningprojects are as follows.• Daniel Muzio and J Falconbridge, Lancaster University:

Structures of Professional Firms – £1500• Dr Maureen Spencer, Middlesex University: The History of

Public Interest Immunity – £1011.50• Dr Rachel Murray, University of Bristol: African National

Human Rights Institutions – £1400• Dr Richard Huxtable, University of Bristol: Attitudes and

Policies of Crown Prosecutors in ‘Mercy Killing’ Cases –£1310.79

• Brian Gan, Case Western Reserve University: ComparativeResearch on Children’s Ombudspersons – £1500

• Dr Simone Wong, University of Kent: Cohabitation – £1500Grantholders will be summarising their research projects in thenext issue of the newsletter. In the meantime, turn to page 3 forresearch reports from last year’s cohort.

ANNUAL CONFERENCE:STIRLING 2006There is still time to register for the SLSA AnnualConference at Stirling, 28–30 March. Don’t miss thechance to spend three days in this lovely part of Scotland!In a couple of weeks, the University of Stirling will welcomeSLSA members and their non-member colleagues for our 2006conference. The University of Stirling is situated in centralScotland within easy reach of both Edinburgh and Glasgow.Accommodation has been arranged at the nearby DunblaneHydro hotel which is also the venue for the SLSA annual dinner.

There are still places available and still time to book.Remember that SLSA members are entitled to a £30 discount. Ifyou’re not a member, but are considering going, why not join theSLSA? The annual fee is £30 which not only entitles you to adiscount, but also brings the many other benefits ofmembership. For more details about membership visit ourwebsite w www.slsa.ac.uk and to book your conference placego to w www.slsa-stirling06.org.uk.

Plenary speakerThe Socio-Legal Studies Association and the Journal of Law andSociety are delighted to announce that the plenary speaker forthe SLSA Conference 2006 will be Professor Pat O'Malley ofCarleton University. The title of Professor O'Malley's talk is‘Security, risk, justice’.

Pat O'Malley is Canada Research Chair in Criminology andCriminal Justice at Carleton University, Ottawa. Author andeditor of many publications in the field of risk, including arecent monograph on Risk, Uncertainty and Government (2004)and an edited collection Governing Risk (2005). He is an editor ofthe Cambridge University Press ‘Law and society’ series andserves on the editorial and advisory boards of variousinternational journals on criminology and social theory. Hiscurrent research focuses on preventative governance and urbansecurity, including the development of fire prevention and itssway over most aspects of urban living, and a comparativegenealogy of crime prevention and fire prevention. Otheractivities include writing a monograph on monetary sanctionsin common law and regulation, and (with Kelly Hannah-Moffatt) editing a collection on risk and gender.

The plenary session is sponsored by the Journal of Law andSociety and will take place on 28 March 2006, time and venue tobe confirmed.

Contact and recruitment pointMembers of the SLSA Executive Committee will be manning arecruitment stand at the conference. Non-members are invitedto come for a chat about the SLSA and its activities. Members arealso welcome to come and meet us. In particular, if you have anycomments or ideas about the newsletter or website, MarieSelwood will be based there during the conference and will behappy to discuss them with you.

INTERNATIONAL MEETING:BERLIN 2007Arrangements are progressing for the international socio-legal meeting in Berlin, 25–28 July 2007. SLSA members are invited to put forward suggestions forthemes, panels and streams and there is now a forum fordiscussion on the SLSA bulletin board at the new address. w www.slsa.ac.uk/boardsIf you would like to meet Bronwen Morgan, the SLSA’s liaisonperson for this event, you are welcome to contact her during theconference at Stirling via the recruitment stand.

NEW SLSA WEBSITE ADDRESS The SLSA Executive is pleased to announce the SLSA’snew website address w www.slsa.ac.uk.Our new address establishes our web presence firmly within theacademic community and will also make it much easier formembers and non-members to find and visit the site. KentUniversity is continuing to host the site and provide valuabletechnical support. Further development is underway. Look out forannouncements via the newsletter and members’ email network.

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S O C I O - L E G A L N E W S L E T T E R • N O 4 8 • S P R I N G 2 0 0 62 © Socio-Legal Studies Association 2006 ISSN: 0957-7817

SLSA Executive Committee2005–2006

CHAIRSally WheelerSchool of Law, Queen’s University Belfaste [email protected]

VICE-CHAIRAnthony BradneyDepartment of Law, University of Sheffielde [email protected]

SECRETARYJulian WebbSchool of Law, University of Westminstere [email protected]

TREASURER Daniel MonkBirkbeck Collegee [email protected]

MEMBERSHIP SECRETARYLisa GlennonQueen’s University Belfaste [email protected]

NEWSLETTER, DIRECTORY, WEBSITE CONTENT,EMAIL NETWORK AND BULLETIN BOARDMarie Selwoode [email protected]

WEBMASTERNick JacksonKent Universitye [email protected]

STIRLING 2006 CONFERENCE ORGANISERNicole Busbye [email protected]

LIVERPOOL 2005 CONFERENCE ORGANISERSHelen Stalforde [email protected] Beveridgee [email protected]

POSTGRADUATE REPRESENTATIVEMaki TanakaUniversity of Oxforde [email protected]

SLSA EXECUTIVE MEMBERS

Rosemary AuchmutyUniversity of Westminstere [email protected]

Anne BarlowUniversity of Exetere [email protected]

Fiona CownieUniversity of Hulle [email protected]

Robert DingwallUniversity of Nottinghame [email protected]

Alison DunnUniversity of Newcastle-upon-Tynee [email protected]

Anne-Maree FarrellUniversity of Manchestere [email protected]

John FloodSchool of Law, University of Westminstere [email protected]

Paddy HillyardQueen’s University Belfaste [email protected]

Caroline HunterSheffield Hallam Universitye [email protected]

Grace JamesUniversity of Readinge [email protected]

Bettina LangeKeele Universitye [email protected]

Morag McDermontUniversity of Bristole [email protected]

Richard MoorheadCardiff Universitye [email protected]

Bronwen MorganOxford Universitye [email protected]

Tom MullenUniversity of Glasgowe [email protected]

Lisa WebleySchool of Law, University of Westminstere [email protected]

Newsletter contact detailsMarie Selwood, Editor ✉ Socio-LegalNewsletter, 33 Baddlesmere Rd, Whitstable,Kent CT5 2LB t 01227 770189 e [email protected]. The next copydeadline is Monday 15 May 2006.

SLSA website and bulletin boardwww.slsa.ac.uk

Website. . . detailed information about the SLSA andits activities . . . updated regularly . . . best

port of call for the latest SLSA news . .Bulletin board

. . . SLSA announcements . . . conferencesand events . . . jobs . . . other items ofinterest . . . registered users get regular

digests . . . e-contacts

[email protected]@tiscali.co.uk

SLSA pg conference 2006The postgraduate conference in Januaryprovided a forum for participants fromdiverse backgrounds to share experiences andideas in socio-legal research. Thanks are dueto Tony Bradney for organising this successfulevent; to the panellists for their informativesessions; and the University of SheffieldSchool of Law for hosting the conference(and sponsoring wine at the dinner).Panel discussions were held on topics such as:giving a conference paper; getting published;time management and postgraduatesupervision; academic job-hunting; and socio-legal studies as an academic discipline. Fourof the five panels began with brief talks frompanellists followed by questions and answers.The exception was the panel on gettingpublished which was entirely question-based.The informal and collegial atmosphereencouraged many questions from theparticipants to which the panellistsresponded with no frills or flattery. Despite the spontaneous nature of paneldiscussions, a common theme emerged: theimportance of staying focused. In writing athesis, you should keep moving on despiteimperfections in earlier chapters. Constantly

revising early sections gets you nowhere.With conference papers, first be clear aboutpurpose and motivation. Then, select aconference with the appropriate audienceand tailor your presentation to fit theformat. Otherwise, a conference paper canbe a distraction from writing up. Similarly, toget published, target a journal and complywith its style and other submissionrequirements. Shopping around severaljournals at once could mean ending up withnothing. Although your doctorate, conferencepresentations and publications will boost yourjob prospects: they are not enough. Youshould be prepared to answer questionsabout what skills you can contribute toresearch, teaching and administration at theuniversities to which you apply. This requiresresearching the institutional environment inwhich you can expect to work once you getthe job. Socio-legal studies as a fieldaccommodates a wide array of subject areaswith a variety of theoretical perspectives andmethodologies. It is up to us — thepostgraduate students — to locate ourselveswithin the field and discover appropriateopportunities to further our careers.The conference participants were diverse,including postgraduate students from 14

Social and Legal Studies 15(2)Male rape and the careful construction

of the male victim – Ruth GrahamSurveying deviance, figuring disgust:

locating the homocriminal body intime and space – Derek Dalton

Narrating political reconciliation: truthand reconciliation in South Africa –Claire Moon

The insanities of reproduction: medico-legal knowledge and thedevelopment of infanticide law –Kirsten Johnson Kramar andWilliam D Watson

Difference in the House of Lords –Erika Rackley

Private legal orders: professionalmarkets and the commodificationof financial governance – JamesWilliams

To submit an article to Social and LegalStudies please contact LindaMulcahy e [email protected].

universities. Many of them are doctoralstudents at various phases of their research;some of them are currently pursuing masters’degrees. To my surprise, the majority of theconference participants were internationalstudents from 15 countries — Australia,Brazil, Chile, Denmark, Germany, Greek,Italy, Japan, Lebanon, the Netherlands,Russia, Saudi Arabia, the United States andVietnam. With only a minority, eightparticipants, being domestic students(including one with dual nationality). To caterfor the needs of the international students,the panel on job-hunting included anoverseas panellist who successfully obtained apost at a UK university. In fact, this discussionhighlighted the openness of the academiccommunity in the UK.With common research interests, thepostgraduate students from differentcountries and universities quickly mingled totalk about their projects and exchange ideas.Undoubtedly, the dinner (with plenty of wine)facilitated socialisation and networking! Inshort, the postgraduate conferencesuccessfully integrated the diversepostgraduate students into a community ofsocio-legal researchers.

MAKI TANAKA, SLSA PG REP

sma l l g rant s 2004–05


Pursuing Pinochet: a global quest for justiceDavid Sugarman, Lancaster UniversityThe struggle to render General AugustoPinochet, former Chilean head of state(1973–90), legally accountable for humanrights crimes is amongst the mostsignificant case histories in theprosecution of human rights. Thisstruggle provides a unique lens on thehistory of the human rights movement,international human rights law and theresistance thereto – as well as the specificexperience of real people. My researchaims to analyse comprehensively the localand transnational struggle since 1973 tobring Pinochet to justice in Chile,Argentina, Spain, Belgium, Switzerland,France, the Netherlands, Germany, Italy,Britain and the USA.

The element of the research for whichI sought support integrates and buildsupon my research analyses of archivalmaterial, multiple secondary literaturesand over 300 interviews with key actors,including victims and their families,exiles, judges, Church and human rightsrelated non-governmental organisations(NGOs), lawyers, officials, journalists andpoliticians in 10 countries. Funding wasgranted to transcribe 25 audio-taped

interviews conducted principally with‘cause lawyers’ (ie lawyers committed tofurthering the aims of a political cause)involved in the Pinochet affair. Theinterviews elucidate their motivation,funding and how they organised theirwork; the social, political and professionalconditions that facilitated and inhibitedtheir work, and how these changed overtime; how they managed the interfacebetween law and politics, idealism andexpediency; how they developedinternational networks; and what theyaccomplished.

This research makes an empiricallybased contribution to the largelytheoretical debates concerning: theinteraction between law and politics; thejudicialisation of power; the efficacy ofhuman rights and the ability of courts,cause lawyers and social movements tofind new paths to substantive justice; theimpact of international (ie third country)as distinct from domestic accountability;the dynamics of accountability changingover time; the impact of advancedtechnology and the media on political andlegal mobilisation; globalisation, thereconfiguration of the state anddemocratic accountability. It illuminatesthe conditions that sustain and impededomestic and transnational prosecutionsfor egregious violations of human rights,and the importance and confines oftransnational networks of victims,activists, lawyers and judges who seek toadvance investigations and litigation.

With respect to the inter-relationshipbetween the domestic and theinternational, the project demonstratesthat key questions of political, legal andinternational significance were usuallyfiltered through domestic sensitivities and

PROGRESSREPORTS: 2004GRANTHOLDERSOver the next three pages we hear from theholders of last year’s SLSA small grants.Their projects are varied and diverse and aare good indication of the vibrancy of socio-legal research in general.

EU enlargement and freemovement of workersSamantha Currie, Liverpool University The UK is one of the few ‘old’ EUMember States to have opened up itslabour market to nationals from the eightcentral and eastern European accessioncountries (A8) under the transitionalarrangements on free movementsanctioned by the Accession Treaties.This provides the context to my PhDresearch which examines the experienceof Polish migrants working in the UKagainst the backdrop of EU freemovement law and the UKimplementation of the transitionalrestrictions. This related study,generously funded by the SLSA smallgrant, explored this experience from theperspective of return migrants.

Therefore, in July–August 2005 Iconducted 16 qualitative interviews inPoland with Polish nationals who hadmoved to the UK, either immediatelybefore or following Poland’s accession tothe EU, but had since returned to Poland.

One key feature of the post-accessionmigration experience for many A8migrants is a devaluing of their skills tothe effect that they are concentrated in thelower echelons of the UK labour marketundertaking work not commensuratewith their qualifications. All of the returnmigrants were graduates but in the UKthey had worked in low-skilled, or at leastlow-status, occupations. Many expresseddisappointment with their perceivedsocial status whilst in the UK and thedownward occupational mobility theyhad experienced. Effectively, the migrantsencountered a contradictory socialposition, experiencing this fall in socialstatus in conjunction with an increase infinancial status due to higher UK wages.Despite the financial gain, it was commonfor the return migrants to frame theirdecision to return within the context offrustration at their lack of labour marketprogress in the UK. The financial gain wasoutweighed by the distress caused as aresult of their fall in social status.

Upon return to Poland, the vastmajority were in employment

commensurate with their level ofeducation and were satisfied with theiroccupational standing. It would seemthat the de-skilled status held in the UKdid not impact negatively on subsequentemployment upon return to Poland. Infact, the research suggests that themigrants gained a variety of skills in theUK which they could transfer to thePolish labour market, such as Englishlanguage skills, interpersonal skills and agreater degree of self-confidence. Themigration experience had provided aforum to gain ‘good life experience’. Themigrants acknowledged that, althoughthey had often found it quite a frustratingperiod in terms of job satisfaction, thetime spent in the UK had been beneficialfor their personal development.

It seems, therefore, that the de-skilledposition occupied in the UK labourmarket may actually itself provide anopportunity for migrants to ‘re-skill’ andbuild upon their pre-migration status.Upon return to the home state thisexperience can help to increase theemployment opportunities available.

priorities. Tracing the evolution of thePinochet case indicates that therelationship between internationalpressure and domestic events was oftenfar from straightforward.

The research also illuminates thelinkages between law and memory, andof how events previously considered tobe political history are now becomingmatters of law; ie of how officially foundfacts encode memory, creating a versionof the past that it rejects. And there arefascinating issues about how legalconceptions of evidence differ from thoseof historians. Specifically, the struggle toprosecute Pinochet has proved importantnot just to vindicate Pinochet’s victims,but to document the sort of regime thatChile was under during his presidency.

Papers drawing on this research datawere presented as the Plenary Lecture,Conference on Law and Society in LegalHistory, Oslo University, April, 2005;Conference on the Global and the Local inAccounting For and Judging Crimesagainst Humanity, the Oñati Institute forthe Sociology of Law, May 2005; and TheLocal and the International in the Fieldsof Rights and Regulation, the Law andSociety Association's Summer Institute onNew Directions in Socio-LegalScholarship, Oxford University, July 2005.The specifically Chilean dimensions ofthis project were presented to the Centrefor the Study of Human Rights, LondonSchool of Economics on 2 March 2006.The primary intended output will be abook, Pursuing Pinochet. A global quest forjustice. Research on the development ofhuman rights lawyering in Chile duringand after Pinochet is currently under wayin collaboration with Dr Cath Collins(Chatham House).

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Indigenous rights, decentralisationand legal globalisation: Mexicoand GuatemalaRachel Sieder, Institute for the Study ofthe Americas, University of LondonMy research project, generouslysupported by an SLSA small grant,analyses internationally promotedmulticultural reforms of the state in LatinAmerica, specifically recent reforms tojustice systems which ostensibly at least,aim to make them more accessible toindigenous people. During the last twodecades a number of states in the region,including Mexico, approvedconstitutional reforms to extend limitedrecognition to indigenous people.Mexico, Guatemala and other states alsoratified International LabourOrganization Convention 169 on thecollective rights of indigenous and tribal

Access to justice in India:exploring grassrootsperspectivesMaurya Vijay Chandra, Queen Mary,University of LondonMeasurement of access to justice hasacquired increased significance in SouthAsia, especially as many nationalinitiatives on access to justice are beingfunded by international agencies.However, the perspectives of the peopleat the grassroots have not sufficientlybeen explored in either conceptualisingaccess to justice or developing indicatorsfor measuring it. It was with the hopethat discussion of these issues mightprovide a fresh insight into measuringaccess to justice that I conducted 18focus-group discussions in six towns andcities in India.

Contrary to expectations,participants appreciated the idea ofmeasuring the concept of access tojustice. They also understood scaling. Infact, whenever I cited examples ofscaling, most groups completed thescales themselves and some even refinedthem. This validates the view that non-technical laypersons can meaningfullycontribute to the ‘technical task’ ofmeasuring concepts.

The literature cites lack of data as oneof the biggest hurdles in measuringaccess to justice in the developing world.However, most groups did not see theneed for large samples or unbiasedsampling procedures and were happy toreach conclusions on the basis ofjudgment samples and small numbers ofobservations. This begs the question: is itjustified to insist on a data-intensiveapproach to measure access to justice? Ifthe participants’ views are a guide,approaches that are less data-intensivemay provide equally good information.

On the basis of these discussions, it isclear that people are less backward-

Redressing wrongful convictions:a comparative study of USinnocence projects and the CCRCHannah Quirk, Manchester UniversityMy SLSA small grant helped towards thesix months I spent working at theInnocence Project New Orleans (IPNO).Innocence projects are non-profitorganisations that work to free thewrongly convicted from prison. IPNOwas established because in Louisiana andMississippi, the states with the highestincarceration and wrongful convictionrates in the USA, there is no publicfunding for post-conviction legalrepresentation, other than for thosesentenced to death; even a sentence of lifewithout parole does not qualify. Thisstudy is intended to lead to a number ofpublications around the issue of wrongfulconvictions. This summary mentions justsome of the most striking features.

America and England have beendescribed as ‘two nations separated by acommon language’. On the surface, thetwo criminal justice systems have muchin common but, like being in a hall ofmirrors, I found nothing was quite as itfirst appeared. It is easy to caricature but,in Louisiana, race, the poverty of andwithin the state, and a history ofcorruption in public office are allsignificant features in policing,prosecution and punishment. The systemis very punitive: sentencing is draconian,prisoners may be manacled and the dyingare rarely given parole lest they ‘recoverand rob a bank’.

Prosecutors can be tenaciouslypartisan; in one case, the district attorneyadvanced a new, wholly fanciful,hypothesis as to how the appellant couldbe guilty after a DNA test - from a forensicscience laboratory named after the sheriff- had disproved his original case. SisterHelen Prejean, the nun portrayed in thefilm Dead Man Walking, gave a compelling

peoples. These developments mean thatissues of cultural difference are now firmlyon the justice reform agenda.Governments and international donoragencies have promoted a series ofprojects and new judicial institutionswhich aim to decentralise certain aspectsof justice administration and improveindigenous peoples’ access to justice.However, indigenous organisations oftenargue that at the same time thatgovernments and donors commit funds tomulticultural access to justice initiatives,indigenous peoples’ collective rights toautonomy and to prior consultation onwider development initiatives (asspecified in ILO 169) continue to be deniedin practice.

Between January and December 2005,I was based at the Centre for Research andGraduate Study in Social Anthropology(CIESAS) in Mexico City where I worked

lecture detailing her campaign against thedeath penalty. This included letters to thePope to object to the previous districtattorney’s practice of sending priests toadvise Catholic jurors that they couldreturn a death sentence.

I was given a fascinating tour ofLouisiana State Penitentiary. It used to be aplantation and it maintains the name,Angola, of the birthplace of most of theslaves who used to work there. Mostprisoners still work in the fields. A prisoninfamous for its savagery has beentransformed, the warden says mostly dueto the conversion of half of the prisoners toEvangelical Christianity. I attended Long-Timers Day, an annual party for the largenumber who have served over 25 years,and the Angola Prison Rodeo, (whichdefies description but see w www.angolarodeo.com).

Hearing the experiences of theexonerees was humbling. Most havesurvived an unimaginably awfulexperience with almost no officialassistance; currently they receive only $10compensation. I followed the proceedingsto pass a compensation bill through thestate legislature but, following thehurricane, this is unlikely to be funded formany years. I also attended the inauguralmeeting of the Texas InnocenceCommission. (An increasing number ofstates are taking such a step in response toevidence of miscarriages of justice. InIllinois, this led the governor to commutethe sentences of all those on death row.)

I had a fascinating opportunity tostudy the causes of and responses towrongful convictions in two jurisdictions.Despite many apparent similarities, thetwo systems are separated by much morethan a common language – although Ilearnt, with some embarrassment whenspeaking about wrongful convictions inAmerica and England, that the word‘solicitor’ has very different connotationsin New Orleans!

with Mexican researchers involved in aLatin America-wide activist–scholarresearch network on legal anthropologyand indigenous peoples’ rights(RELAJU, the Latin American Networkof Legal Anthropology). I travelled toGuatemala to research a series ofinitiatives within the state justice systemaimed at strengthening indigenousaccess to justice. These includespecialised public legal defence offices,community courts and various forms ofalternative dispute resolution. Iinterviewed justice operators and projectofficials, together with indigenous rightsactivists who were engaged in grassrootsinitiatives to develop more culturallyappropriate forms of dispute resolutionand strengthen the legal autonomy ofindigenous communities. In Mexico Icollaborated with activists andresearchers working with different

s l sa sma l l g rant s 2004–05


Journal of Law and Society 33(1)Special Issue: Debating affirmativeaction: conceptual, contextual, andcomparative perspectivesEditors: Aileen McHarg and Donald

NicolsonJustifying affirmative action:

perception and reality – AileenMcHarg and Donald Nicolson

Positive action for women inemployment: time to align withEurope? – Noreen Burrows andMuriel Robison

Affirmative action in women’semployment: lessons from Canada– Nicole Busby

Affirmative action: a Germanperspective on the promotion ofwomen’s rights with regard toemployment – Anke J Stock

Widening access to higher education –Lois S Bibbings

Preferential treatment, social justiceand the part-time law student – thecase for the value added part-timelaw degree – Andrew M Francisand Iain W McDonald

Affirmative action in the legalprofession – Donald Nicolson

Rethinking the merit principle injudicial selection – Kate Malleson

Quotas for women! The SexDiscrimination (ElectionCandidates) Act 2002 – AileenMcHarg

Minority business enterpriseprogrammes in the United States:an empirical investigation – MartinJ Sweet

Is there a duty to legislate for linguisticminorities? – Robert Dunbar

looking than is often presumed. Forexample, discussions on the issue ofdowry deaths (usually the unnaturaldeath of a newly-wed presumed to belinked to dowry demands) surfaced in allthree states in which focus groups wereconducted. In that context it was pointedout that families of the husband and thedeceased wife settle the matter throughinformal means resulting in the collapseof prosecutions. Many groups alsorevealed that at times people approachpolice or other agencies to request that anerring party be admonished andrestrained rather than going to court orfiling complaints. This line of inquirymight question the usefulness of casefiling and conviction statistics as a validmeasure of access to justice in that society.As an alternative, almost all groups –from homeless migrant labourers tomiddle-class professionals and traders –suggested that the attitude andbehaviour of police could be a goodindicator. People’s behaviour towardseach other, especially those of differentsocial status, was also a favourite.Analysis of conversations at roadsidekiosks, tea stalls etc was also suggested(of course this assumes a culture ofdiscussion and freedom of speech).

The study spanned three states,Delhi, Jharkhand and Karnataka. Thestates provide regional variation, withinthe limitation of conducting discussionsin either Hindi or English. They coversocially and economically backward aswell as developed areas; north and southIndia; places with net (internal)immigrant inflow as well as outflow. Thestates covered are also the subject of a UNDevelopment Programme study onaccess to justice focused on analysis ofcourt records and views of court users. Ihope this will enable data triangulationonce the UN study is published.

Focus groups numbered from 4 to 14.participants and were homogeneous, ie

indigenous community organisationsacross the country. I was able to look at anumber of different experiences of state-promoted multicultural justice reforms,including indigenous defenders’ officesand indigenous courts, and also a rangeof local grassroots initiatives which, as inGuatemala, aim to strengthen theautonomy of indigenous communitiesand provide more culturally appropriateand accessible forms of justice andsecurity.

What is clear from my research is thattwo forms of legal globalisation arecurrently at play in both Guatemala andMexico. First, transnationalised legaltransplants ‘from above’ which shapenew institutions and practices withinstate justice systems. Second, indigenousorganisations’ appropriation ‘frombelow’ of transnationalised discourses onindigenous rights and international

instruments such, as ILO 169. Stateauthorities now publicly endorseindigenous rights as part of the newmulticultural state model. However, inpractice they continue to deny indigenousrights to autonomy or due consultation ondevelopment projects, such as damconstruction or mining concessions.Conflicts over development projects andindigenous rights are increasing. Myresearch indicates that the multiculturaldecentralisation of the legal system hasprovided important spaces whereindigenous people can generate differentforms of law and legal understandings. Inthis sense indigenous activistsappropriate and re-functionalise top-down initiatives, such as state-sanctionedindigenous community courts, therebycontesting the limited notions ofindigenous access to justice promoted bygovernments and donors. At the same

people with the same/similar socio-economic status. Most sampling was byconvenience. Participants were notdirectly known to me, but wererecommended by my contacts (and theirs)at the respective places. In each state sixfocus-group discussions were conducted:three involving lay participants and threewith field-level government officialsincluding the police, the judiciary and thegeneral administration. The discussionswere conducted with the help of a pre-approved topic guide. The topic guideused a classic funnel design, with theparticipants being posed general open-ended questions at the beginning andtighter and sometimes leading questionstowards the end. Participants were givenno prior briefing on the subject. Thediscussions were moderated either by oneof my local research assistants or myselfand moderator involvement variedduring the discussions. Usually themoderator was more active towards theend of the discussion. All but two groupsallowed me to audio-record theproceedings. The participants representeda wide socio-economic and demographicprofile, with the exception of youngpersons and the moneyed elite. The venuefor the first focus groups was a soundrecording studio. Thereafter most of thediscussions involving governmentofficials took place in their officechambers/meeting rooms and three ofthe laypersons’ groups were conducted inNGO offices. The rest of the groups wereeither conducted at the addresses of oneof the participants or in hotel rooms.

Kaushal Mahaseth and Rohit Kiranprovided research assistance in Delhi andJharkhand. The study is part of doctoralresearch and was conducted with the helpof an SLSA small grant and a grant fromthe Department of Law, Queen Mary. Lastbut not least, I gratefully acknowledge theguidance of my supervisors AmandaPerry-Kessaris and Genevra Richardson.

time they are creating different kinds ofcommunity justice initiatives whichincreasingly emphasise indigenousautonomy from the state. From withinthese spaces, indigenous people aredrawing on legal discourses andinternational instruments in order tochallenge the dominant model ofeconomic development, developingcreative local, regional and transnationalstrategies in order to assert their rights toautonomy and greater control over landand natural resources.

I have been presenting andpublishing some of the preliminaryresults of my research through the LatinAmerican legal anthropology networkand, together with colleagues at CIESAS,have secured seed funding to develop afuture collaborative research projectworking with indigenous rightsorganisations.

rae consu l ta t i on c l eo


REVIVAL OF CLE0Philip Plowden summarises the outcome of a meeting torelaunch the Clinical Legal Education Organisation.The Clinical Legal Education Organisation (CLEO) has been quietfor a few years, at a time when there has been a huge increase ininterest in the development of law clinics and pro bono activitiesin law schools. The time therefore seemed ripe for a meeting torevive CLEO and to set some agendas for future activities. Thistook place at the Law Society in early December 2005 and anumber of steps were agreed.

It was decided that for the time being it was simplest to keepCLEO as a relatively informal organisation, open to all those withan interest in clinical legal education and pro bono. In due coursethe organisation might take on a more formal status, with a paidmembership, but it was not felt that this was immediatelynecessary. Membership will simply be through contacting CLEOand will be subject to an annual review to ensure that the list staysup to date.

A number of working parties were set up to look at differentaspects of the potential workload for CLEO.• CLEO summer conference working party There was

widespread support for a summer conference – potentiallylinked to the international clinical legal education conferencein London in July. It was felt that the CLEO conference shouldbe very practical and should focus on issues of setting up,developing and sustaining clinics in a way which wouldsupport the work being done by the range of different clinicsin UK law schools. Conference planning is now in hand – witha proposed conference date of 14 July, following theinternational clinical conference (12–13 July). For furtherinformation contact Alwyn Jones at De Montfort. e [email protected]

• Advice sector Convenor: Hugh Brayne, independentacademic consultant. e [email protected]

• Criminal appeals/innocence projects working partyConvenor: Michael Naughton, Bristol University.e [email protected]

• Regulatory issues working party Convenors: SharonFarquhar e [email protected] and Heather Crook e [email protected], Hertfordshire. Issues to include: (i)possibility of reducing (removing?) the practising certificatefee for clinical staff; (ii) implications of new legislationincluding the Compensation Bill and the Legal Services Bill;(iii) possibility of a Student Practice Rule.

• Clinical standards working party To review the 1995 CLEOstandards: Sara Chandler, College of Law e [email protected].

• Clinical teaching materials Roger Burridge said that theUKCLE provided a resource for hosting teaching materialsand would be happy to receive clinical materials from CLEOmembers: Roger Burridge, Warwick/UKCLE. e [email protected]

• Training and development Richard Grimes expressed aninterest in convening a working party on this. It was agreed toput this on hold until the completion of his Solicitors Pro BonoGroup (SPBG) clinical support project.

• Funding issues Interest was also expressed in having aworking group looking at funding issues for clinics. It wasagreed that again it made sense to see what came out of theSPBG project. Roger Burridge reminded attendees that therewas some support funding for teaching and learning activitiesavailable via UKCLE’s project development fund.

The range of working groups – and the busy agendas – suggestthat CLEO has a huge role to play in helping to support thedevelopment of clinical teaching and learning. The summerconference should be an excellent start to this process.

For further information, contact Philip Plowden atNorthumbria University. e [email protected].

SLSA RESPONSE TO RAECONSULTATIONThe SLSA’s response to the latest RAE consultation onproposed panel criteria and working methods for Panel Jand the Law sub-panel was drafted by Julian Webb, TonyBradney and Richard Moorhead and submitted on 19 September 2005.Both the underlying panel and sub-panel structure andmembership for RAE 2008 had been settled ahead of thisconsultation. Consequently, this was a rather technical exercise,focusing on the detailed methodology proposed for the next RAErather than on matters of principle. The proposals put forward inthe paper were, in our view, largely uncontroversial and providecontinuity with the established RAE principles of peer review.The consultation paper’s acknowledgment that there had to bescope for disciplinary variations in the assessment process wasalso considered welcome recognition of the importance of sub-panel autonomy within the new panel structure.

At the same time, the SLSA raised a number of concerns withthe proposed assessment criteria, chiefly:1. It was felt the Law panel criteria lacked sufficient guidance on

the treatment of research outputs for new career academicsand fractional appointments. This is likely to be one of the keydecisions in relation to any entry. It was noted that other sub-panels have established more detailed guidance, and weencouraged Law to follow suit.

2. The sub-panel proposed that ‘outputs will be assessed ontheir own merits in the context of the submitted work of thedepartment as a whole’. Our response suggested it could bemisleading to assess the quality of a publication withoutreference to the corpus of work of which it is part. As thecriteria recognise in respect of new career academics, and inthe treatment of certain extenuating factors, ranking involvesconsideration of both the output and the individual contextwithin which it is produced. This should be acknowledged inthe review process more generally. However, while it is onething to say that a paper should be read in the context of theindividual’s other work, or in the context of related work by acognate research group, it is entirely another to suggest thatthe work of the department as a whole is a factor relevant todetermining the quality of that output (as opposed to anevaluation of the environment). Indeed, the SLSA isconcerned that this creates an implicit risk of the exercise‘double counting’ the impact of the research environment.

3. The weighting given to the research environment and toesteem factors was also a matter of some concern. Elementsthat contribute 25 per cent to the final overall profilepotentially could have a significant impact on that overallprofile. Previous RAEs have not apparently given as muchweight to these matters and law schools, including those thatare likely to score well in terms of environment and esteem,appear generally unconvinced that any significant changeshould be made.

4. The panels’ intention to ask for articles and book chapters inelectronic form was also noted. In our view publication in thisform is not yet sufficiently standard amongst law publishers.We expressed concern that this requirement will place aconsiderable additional burden on departments andindividual academics.

The full response is published on the SLSA websitew www.slsa.ac.uk. The finalised criteria and working methodswere due to be published online on the RAE site on 31 January2006. w www.rae.ac.uk. RAE 04/2005 is published at w www.rae.ac.uk/pubs/2005/04

Julian Webb, School of Law, University of Westminster e [email protected]

soc i o - l ega l news


Summary of responses to Council onTribunals’ oral hearings consultationThe Council on Tribunals has published a post-consultationsummary of responses to the consultation paper The Use andValue of Oral Hearings in the Administrative Justice System (May2005) and this is available on the council’s website at w www.council-on-tribunals.gov.uk. There was a considerabledegree of interest shown in the consultation exercise and thevolume (over 100 responses were received) and quality ofresponses it generated has reinforced the council's view aboutthe significance of this topic for the future. Most of the actualresponses themselves, where permission has been given, arepublished alongside the summary.

Certain common themes can be identified as emerging fromthe responses. In the short term, the council will consider theimplications arising from these themes and where necessaryencourage the conduct of further work, possibly in partnershipwith other interested parties. Areas of particular interest to thecouncil are the form and style adopted when an oral hearing isused, and, more generally, mechanisms for the sorting anddistribution of cases (‘triage’ as some commentators describe it)in systems of redress. In the longer term, the council hopes tobuild on the success of this consultation exercise as its roleevolves into an Administrative Justice and Tribunals Council,and to continue to engage stakeholders in the debate about theway forward so as to take full account of the views of others informulating its advice to government.

Simon Catherall

The potential and limits of self-representation at tribunalsThe ESRC has awarded a grant of £129,000 to EdinburghUniversity to carry out a two-year study of the experiences andexpectations of self-representing appellants to tribunals. Thestudy, which is being undertaken by Professor Michael Adlerand Dr Richard Whitecross, began in June 2005. It has beendesigned to examine a key assumption in the Leggatt Report –which has been carried forward into the DCA’s White Paper –that in the large majority of cases tribunals can be organised soas to make representation unnecessary.

The research, which will involve a telephone survey of 1600tribunal users, observation of 80 tribunal hearings, and post-hearing interviews with tribunal users, chairs and members, andwith the presidents and chief executives of the five tribunals inthe study, will attempt to:• compare the characteristics of appellants who handle their

appeal without any help with those who obtain pre-hearingadvice but are not represented at the hearing and those whoare represented (by various types of representative);

• establish how each of the three groups of appellantsprepares for their appeal, what their expectations are andhow their experience of appealing matches theirexpectations;

• assess the effects of representation on tribunal procedureand the ways in which tribunal chairmen and memberscompensate for its absence;

• determine what can be done to make tribunals more ‘user-friendly’ and to make it easier for appellants to representthemselves.

It is hoped that this study will lead to an informed assessment ofwhether justice can be achieved in the absence of representationand, if so, establish how tribunal procedures would need tochange to make this possible.

Michael Adler

New websitesTwo new websites (under the auspices of the NYU School ofLaw) – Global Law Books w www.globallawbooks.org andEuropean Law Books w www.europeanlawbooks.org – haverecently been launched. They will carry reviews of books in thefields of European and regional integration, international lawand economics, and the broader field of global economic,regulatory and cultural integration. They will reflect the state ofthe literature on the EU, global law and international trade andidentify, clarify and shape some of the current debates in theseareas . . . and the British Association of Canadian Studies LegalStudies group also has a new websitew www.lancs.ac.uk/fass/organisations/canadian/index.htm.

Doctoral studentships at LiverpoolApplications are invited for three fully-funded studentships toundertake doctoral research at the Liverpool Law Schoolcommencing in Autumn 2006. The studentships are open to newstudents wishing to commence full-time doctoral study: one inthe field of EU law, one in the field of child law and one in thefield of medical law. Awards will be made for one year in thefirst instance, renewable for a further two years, and willprovide full academic fees at the UK/EU rate as well as amaintenance grant of £7000 per annum.

Contact Prof Michael Dougan e [email protected],Christina Lyon e [email protected] or SamanthaHalliday e [email protected].

Selection of the international judiciaryPhilippe Sands, Ruth Mackenzie (both UCL) and Kate Malleson(QM) have been awarded AHRC funding of £247,000 for a three-year research project on the selection process of the internationaljudiciary. The project will identify the criteria and procedures bywhich judges are nominated and elected to the internationalcourts. To date, very little is known about this process and theresearch aims to shed light on this increasingly important aspectof the legal order as well as to generate proposals for enhancingthe transparency and legitimacy of the international judicialselection processes. For further information about the projectcontact Ruth Mackenzie at e [email protected].

New funding for BRASSThe ESRC Centre for Business Relationships, Accountability,Sustainability and Society (BRASS) at Cardiff University hasrecently been awarded funding for a range of projects: ESRCfunding for Bio-Security and the regulation of animal health: thecase of Bovine Tuberculosis (£100,000); DEFRA Waste andResources R&D programme funding on Sustainable WasteManagement and Social Enterprises (£1,530,000); WelshAssembly funding for a critical evaluation of environmentalbusiness support in Wales (£86,000) and on DevelopingEnvironmental Indicators for the Welsh Environment Strategy(£55,000); and ESRC funding for data dissemination andknowledge transfer including a literature review of business andstakeholder sustainability and, more pertinently, thedevelopment of modules for the web-based public access toenvironmental legislation and justice project with the aim ofsecuring further funding for the completion of this highlyregarded work (approximately £85,000).w www.brass.cardiff.ac.uk

Warwick LLM in legal educationFrom September 2006, Warwick University Law School willoffer the first full postgraduate degree in legal education inEurope. If you are interested in a critical and reflective approachto legal education, browse the website at w www.go.warwick.ac.uk/llm.

socio- legal news


Seminars on administrative justiceThe ESRC has awarded a grant of £15,000 to EdinburghUniversity for a series of seminars on administrative justice. Theseminars are being organised by Professor Michael Adler andDr Richard Whitecross and the first one will take place inEdinburgh on Monday 27 March 2006. The aims of this seminarseries are: to review the current state of theoretical work onadministrative justice, defined here as work concerned with thejustice and fairness of administrative procedures; to considerrecent changes in the nature of the state, recent developments inpublic administration, in the UK and elsewhere, and theirimplications for the relationship between the state and thecitizen; and, against this background, to assess the current stateof administrative justice in the UK and consider howadministrative justice might be enhanced. It will attempt tobring together academics who undertake research in differentsub-divisions of administrative justice; to facilitate dialogue

Third International Graduate SummerSchool and Forumw www.icomm.lu.se/summerschoolThis event will take place at Lund University, CampusHelsingborg, Sweden, 3–16 June 2006. Participants need to covertheir own travel expenses, accommodation and subsistencecosts but there are no other charges.

The theme is the rapid change that universities and researchinstitutions all over the world are presently undergoing. Inaddition to the traditional role of providing understanding andexplanation of the world, they are now considered cruciallyimportant for the economic and social development of thesocieties of which they are part. These changes inside andoutside universities and research institutions create a great needfor a comprehensive critical discussion of desirable researchstrategies and adequate methodologies for the various sciencesand humanities; and a thorough discussion of the role andimpact of the sciences and research on society at large, includingthe values and principles that are fundamental for maintainingan open society.

The summer school is organised and hosted by the Instituteof Communication, Lund University. For information, pleasecontact Alf Bång, Director e [email protected]. w www.icomm.lu.se/summerschool

Precautionary management strategies forfood biotechnologyThe purpose of this ongoing study is to investigateprecautionary management strategies for scientific andtechnological ‘risks’. Genetically modified (GM) foods containhereditary materials which have been altered to improve theircharacteristics. Critics argue that genetic modification bringsunwanted effects harmful to the consumer. Generally speaking,there are three types of state-sponsored approach to thehandling of food safety: the ‘command’ approach; the regulatedmarket; and the free (but informed) market. The commandapproach usually involves prohibition. It may be regarded aspaternalistic in that the state acts to protect consumers (in theirown interests) by preventing their exposure to foods that itbelieves may be harmful, even though the consumer may not beaware of the existence or extent of the possible harm. The expertknowledge may not be definitive and the risks may not beknown for certain but, as a precaution, the consumer isprotected. The precautionary principle is usually provisionalpending further expert knowledge and may be introduced for aspecified or unspecified period of time.

This study has focused on generating data on precautionarymanagement strategies for GM foods during ‘uncertainty’ and

between them and the major stakeholders in the field; and todevelop a research agenda that focuses on some of the mostimportant questions that need to be addressed. The first seminarwill consider three ‘state of the art’ reviews by Professor RobertKagan (UC Berkeley), Professor Robin Creyke (ANU) andProfessor Marc Hertogh (University of Groningen). The secondseminar, which will probably take place in June, will considercurrent developments in governance, managerialism, IT,conceptions of rights and responsibilities and theoretical workon social justice, and the implications of this for the relationshipbetween the state and the citizen.

Anyone who wishes to attend these seminars is invited tocontact Richard Whitecross e [email protected]. Spaces arelimited with priority being given to those who will attend allfive seminars. A number of places have been reserved forpostgraduate students.

European healthcare researchPeter Vincent-Jones, e [email protected], University of Leeds,is coordinating a team of researchers from the UK, Italy, Franceand Hungary examining contemporary developments in theorganisation and governance of healthcare services acrossEurope. Part of a wider five-year project (Reflexive Governancein the Public Interest – REFGOV) funded under the EuropeanCommission’s FP6 Programme, the research aims to identifycollective learning and reflexive incentive mechanisms thatserve the ‘general interest’ in the provision of such services inthe context of pressures towards increasing contractualisationand privatisation. The UK team includes Dr Pauline Allen(LSHTM), Professors David Hughes and Lesley Griffiths(University of Wales Swansea) and Professor Justin Keen(University of Leeds). The REFGOV project is linked with athree-year empirical research project funded by the NHS Serviceand Delivery Organisation Research and DevelopmentProgramme, Contractual Governance in a System with MixedModes of Regulation, under the overall direction of DavidHughes, e [email protected], to investigate the changingnature of NHS governance and contracting in the UK, focusingon the differences between healthcare systems in England andWales following devolution. Further details of the REFGOVproject are at: w http://refgov.cpdr.ucl.ac.be/.

‘indeterminacy’. Triangulation has been employed to increasethe ‘credibility’ of the qualitative data that has emerged frominterviews. Theories that have been formulated to supporttraditional cost–benefit analyses of regulatory responses havebeen included in this review. To account for the views of themajority of commentators, there has also been a critical reviewof the following theories: theories that either support, oppose orcomment on the broader concept of rationality; theoriesformulated by psychologists on the ways people react touncertainty and risk; theories formulated by those whoencourage more transparency in regulating risks; and theoriesformulated by those who encourage increased participation ofpeople in the regulatory process.

Four themes have emerged. The junk food culture promotesapathy to science and biotech issues. Biotechnology is a middle-class issue. Time constraints are the biggest impediment to layparticipation in public consultation. Consultation is urgentlyneeded but is hampered by the ‘complexity’ of science.

This study is still a work-in-progress and comments arewelcome to e [email protected], t 0161 609 4349 or 0161 2473605. A list of acknowledgments is also available on request.

Maryam Al-Alami, Manchester Metropolitan University



. . p e o p l ePENNY BOOTH has been appointed to aReadership at Staffordshire University LawSchool.

JULIAN WEBB (University of Westminsterand secretary of the SLSA) has beenappointed Professor of Legal Education andDirector of the UK Centre for LegalEducation, University of Warwick. He willtake up his appointment from 1 May 2006. e [email protected]

MARTIN PARTINGTON completed his term asLaw Commissioner at the end of 2005, but isretained, part-time, as a special consultantto help complete the commission’s housingprogramme. He has also been appointedresearch adviser to Sir Robert Carnwath,Senior President (Designate) of the newTribunals Service. He has retired from theUniversity of Bristol which has made him anEmeritus Professor. In April he takes up apart-time senior associate researchfellowship at the Institute of Advanced LegalStudies. There he plans to take forward anumber of issues arising from the NuffieldInquiry into empirical socio-legal research inlaw.

MARTHA FINEMAN, Professor of Law, EmoryUniversity and Director of the Feminism andLegal Theory Project will be visiting theAHRC Centre for Law, Gender and Sexualityon a Leverhulme Visiting Professorship(2006–07). She will be giving a series ofLeverhulme Lectures with the overall title:‘Re-valuing kinship relations: challenges,conflicts and aspirations’. The linking themewill be the resurgent importance of religionwithin politics and policy-making on familyand kinship matters in the UK and the US.The final Leverhulme lecture will also be theCentre’s Annual Lecture for 2007.

PASCOE PLEASANCE, Head of the LSRC, hasbeen appointed a Visiting Professor at theFaculty of Laws, University College London.

NIGEL BALMER, Senior Researcher at theLSRC, has been appointed an HonorarySenior Research Fellow at the Faculty ofLaws, University College London.

Legal Action in ScotlandThe Scottish Legal Action Group and SCOLAG Legal Journalrecently celebrated its 30th anniversary. The aim of the group is topromote equal access to justice in Scotland and under this remitits journal has become a significant venue for debate and pressurein relation to law reform in Scotland. Throughout its history theemphasis has been on changing the law for the benefit ofdisadvantaged people rather than simply bemoaning theinadequacies of the current regime.

The group was founded in 1975 at a time when the LabourGovernment was promoting devolution. SCOLAG supported thismainly because it would provide greater opportunity for lawreform in areas of pressing need (eg housing, consumer andfamily law) where Westminster had no time to consider complexreform. While the group made a major impact in relation to suchthings as reform of legal aid, the development of the law centremovement and access to legal services in the early years, thedevolution project failed in the 1970s and the opportunity forgreater legislative time was lost.

The coming of the Scottish Parliament under the Scotland Act1999 has reinvigorated thinking on how the law can and shouldbe used to effect change. Scotland now has much needed newstatutes ranging from adult incapacity and mental health tovulnerable witnesses, homelessness and even the right tobreastfeed in public. SCOLAG has also been active in manyresponses to consultations coming from the new Parliament.

SCOLAG Legal Journal continues to provide a forum forrelevant debate on law in society. In a major coup, a recent articlein SCOLAG seems to have stopped in their tracks the ScottishExecutive’s plans to introduce compulsory HIV testing. Underpressure from the Scottish Police Federation, the executiveconsulted on how best to introduce compulsory tests where avictim of assault had had inadvertent contact with the bodilyfluids of their alleged attacker. James Chalmer’s article‘Mandatory HIV and hepatitis testing’ is credited with forcing arethink and with encouraging various trade unions and charitiessuch as Victim Support Scotland to review their policies. Thisarticle and the entire October edition of the SCOLAG Legal Journalis available as a pdf via w www.scolag.org.

Brian Dempsey

PER STJERNQUIST 1912-2005I first met PER STJERNQUIST at a conferencein Bologna in 1988. By then he had retired fromhis chair in sociology of law at the University ofLund. Some of his Swedish colleagues (who allseemed to idolise him) called himaffectionately ‘the old professor’ in talking tome. But there was nothing old about him. Iliked him immediately because of his warmth,mischievous wit and vitality. And his careersuggested immense energy. He almost single-handedly founded sociology of law as a taughtsubject in Sweden, battling against intenseopposition from the law faculties to do so. Hisfirst seminar in the subject at Lund in 1963 wasfor administrative science students (the lawfaculty would have nothing to with it). But hesoon made sociology of law popular, attractingstudents from law, humanities and socialsciences, and set up the Institute of Sociologyof Law. He was Professor of Civil Law at Lundfrom 1950 to 1972 and Rector of the Universitythrough the turbulent years of the late 1960s.His publications set the dominant orientation ofSwedish sociology of law, and he supervisedgenerations of research students in the subject.After retiring in 1978 from the Chair ofSociology of Law (specially created for him in1972), he wrote several more books and neverlost his devotion to legal sociology, continuallytrying to synthesise the empirical research hehad done and exploring new theoreticalunderpinnings for it. His last book waspublished in 2004 and just before his deathaged 93, on 27 December 2005, he wrote to meto say he was busy with his research. Stjernquist was one of a generation ofpioneers (including Vilhelm Aubert in Norway,Renato Treves in Italy and Jean Carbonnier inFrance) at the forefront of the mid-20thcentury institutionalisation of sociology of lawin Western Europe. That he could establish thesubject despite academic opposition (fromlawyers) or indifference (from mostsociologists) was due to his contacts withgovernment in the relatively small Swedishintellectual–political elite. Sociology of lawwas created by governmental, not university,initiative after influential political figuresdecided that the education of administratorsshould cover law’s governmental functions andmechanisms. Because of these beginnings,Swedish socio-legal studies took on a stronglyinstrumental orientation, viewing socialproblems through a governmental lens – whatStjernquist later called a ‘top-down’approach. He rebelled against this in laterwritings, starting with Forest Treatment(1992), which emphasised a primary need to

understand the views and experience of thegoverned. That book, like his Laws in the Forest (1973)– which served generations of students as ateaching and research manual – focused onone of Sternquist’s great loves, the Swedishforests, and reflected his concern for theirproper care and for the harmonious co-operation of human beings and nature. The1973 book examined how relations werenegotiated between officials administeringlaws and policies of forest management, onthe one hand, and private owners of forestland, on the other. The focus was on law’simpact on society but he denied that law’seffects could be isolated from a largercluster of influences on behaviour. He was much influenced by Willard Hurst’ssocio-legal history, by social psychology andby anthropology, especially its ethnographicmethods and its concern to understandsubjective human experience. One of hismost moving reports (much of his writing ischaracterised by vivid description andemotional engagement with his subject-matter) examines the life of a smallsettlement of destitute people living inshacks on the outskirts of Lund in the 1920sand 1930s. In Poverty on the Outskirts in1987, he portrayed their lifestyles of overhalf a century before as hopeless andchaotic, but noted that many of theirchildren (some of whom he had known as ayouth in the 1930s) found a place in society.A lesson he drew was that social cooperationdepends on a certain level of materialwellbeing and a wish to plan for the future,and that, without cooperation, moral normscannot survive. His last writings are muchconcerned with the nature of socialcooperation and its relation to legal andmoral norms.Born in Lund, where he spent virtually all hislife, he began his career as a local judge andcourt official. His doctoral research in the1940s was supervised by the celebrated legalrealist Karl Olivecrona. But supervisor andstudent soon fell out, mainly, as Stjernquistrecalled, because of Olivecrona’sauthoritarian ways and his vocal support, inthe war years, for Nazi Germany’s hegemonyin Europe. Stjernquist, by contrast, was aleft-leaning liberal. There was, undoubtedly,some of the Scandinavian realist heritage inhim, but it was overlaid with a warm, non-judgmental sympathy for others whichtranslated itself very obviously into much ofhis published work. ROGER COTTERRELL



Alternative globalisationsof socio-legal knowledgeThis is the newsletter’s second internationalcolumn reporting about socio-legal researchand teaching from a variety of countries inorder to highlight socio-legal work beyondthe English language community and beyondsocio-legal issues raised in countries of theNorth. It seeks to contribute to thedevelopment of socio-legal teaching andresearch co-operations between the UKsocio-legal community and socio-legalteachers, activists and researchers in otherparts of the world. It also aims to facilitatecritical comparative research by highlightingand opening up to questioning the specificcultural contexts in which we develop keyconcepts in socio-legal analysis. See also thenew ‘international links’ page on the SLSAwebsite. w www.slsa.ac.uk/international.In this issue we are focusing on socio-legalactivities in Eastern and Southern Africa.The information below aims to provide anintroduction to resources available to thoseinterested in pursuing socio-legal research onEastern and Southern Africa. It does notpurport to be comprehensive in its coveragebut seeks to document recent developmentswhere possible.

Eastern and Southern Africa:socio-legal resources

Legal Resources Centre, South AfricaThe Legal Resources Centre is anindependent, non-profit, public-interest lawcentre which uses law as an instrument ofjustice. It works for the development of afully democratic society, based on theprinciple of substantive equality, by providinglegal services for the vulnerable andmarginalised, including the poor, homeless,and landless people and communities of SouthAfrica who suffer discrimination by reason of

race, class, gender, disability or social,economic, and historical circumstances. Toachieve its aims, the Legal Resources Centreseeks creative and effective solutions by usinga range of strategies, including impactlitigation, law reform, participation inpartnerships and development processes, andeducation and networking within and outsideSouth Africa. w www.lrc.org.za/home/

Africa Law InstituteThe Africa Law Institute aims to conduct,support and encourage non-partisan andscientific legal research that promotes respectfor the rule of law in order to secure thebetter administration of justice in Africa. Itsfocus is on interdisciplinary research on criticallegal and policy questions pertaining to Africaand on innovative research on critical legal andpolicy questions. w www.africalawinstitute.org/about.html

Law ReportsLawAfrica Law Reports (LLR) is an online lawreporting service that comprises databases oflaw reports from Kenya, Uganda, Tanzania andthe COMESA Court of Justice based in Lusaka,Zambia. Launched in 1999, LLR was the firstever online legal database in East and CentralAfrica. To subscribe email LawAfrica e [email protected].

JournalsLaw, Social Justice and Global Development(LGD) is an innovative new electronic lawjournal covering a range of topics relating tolegal issues surrounding the impact ofglobalisation on social development. It containsdiverse materials including peer reviewed andnon-refereed articles, commentaries, work-in-progress articles, book reviews, andconference reports and papers, as well asinformation papers, news and details of globalconferences. See w www2.warwick.ac.uk/fac/soc/law/elj/lgd

In the Journal of African Law, coverageencompasses the laws of sub-Saharan Africancountries. It address contemporary legal issuesand highlights issues of international andcomparative significance. The journal containsa separate section on recent legislation, case-law, law reform proposals and recentinternational developments affecting Africa. Law in Africa (Droit en Afrique/Recht inAfrika) is the journal of the African LawAssociation published in Germany.

Moot CourtThe 14th African Human Rights Moot CourtCompetition was held in Johannesburg inSeptember 2005. The competition focuses onaspects of the realisation of human rights inAfrica. The following issues were raised by ahypothetical case argued at the Moot Court:scope of jurisdiction of the African Court onhuman and peoples’ rights; unconstitutionalchanges of government; use of child soldiers;mercenaries in Africa; legal aid as aprerequisite for fair trial; privatisation and itspotential impact on human rights. For moreinformation on the African Human Rights MootCourt Competition and on human rights law inAfrica, see w www.chr.up.ac.za.

Constitutional Court of South AfricaThis court maintains an up-to-date website atw www.constitutionalcourt.org.za. See, forexample, Minister of Home Affairs andAnother v Fourie and Another, with DoctorsFor Life International, John Jackson Smythand Marriage Alliance of South Africa,December 2005, in which the common lawdefinition of marriage was declared to beinconsistent with the constitution and invalidbecause it does not permit same-sex couplesto enjoy the status, benefits andresponsibilities of heterosexual ones.Ambreena Manji e [email protected] highlight socio-legal activities in aparticular country or region, contact BettinaLange at e [email protected]

Government consultationsSeveral consultations are currently open and all interestedparties are invited to contribute at w www.consultations.gov.ukw www.scotland.gov.uk/consultations.

EmploymentThe Department for Education and Skills, Home Office andDepartment of Work and Pensions recently published a GreenPaper, Reducing Re-Offending Through Skills and Employment.Interested parties are invited to respond to the consultationquestions contained in the Green Paper. The closing date for thisis 29 May 2006. There is also a Welfare Reform Green Paper, A NewDeal for Welfare: Empowering people to work, launched on 24January, containing major new proposals relating to individualsreturning to work. The consultation period ends on 21 April 2006.

The courtsThere are plans to amend Part 36 of the Civil Procedure Rulesrelating to offers to settle and payments into court. Part 36encourages early settlement of cases. It allows parties to litigationto make offers to compromise the case. This proposal sets out tobuild on recent judgments which have provided for writtenoffers from certain categories of defendant to be treated in thesame way as a payment into court. Closing date: 6 April 2006.

DiscriminationThe need for action to tackle the stigma associated with HIV wasidentified in the National Strategy for Sexual Health and HIV in

2001 and a commitment to publish an HIV stigma action planwas made in the strategy’s implementation plan in 2002. Duringthe interim period, while this action plan has been indevelopment, things have not stood still. Stigma anddiscrimination have featured explicitly in a wide range ofguidance, recommended standards and good practice for thoseworking in the HIV field, including the RecommendedStandards for NHS HIV Services. The HIV-Related Stigma andDiscrimination: Action Plan was launched on 1 December 2005and the Department of Health welcomes comments until 31 March 2006.

In ScotlandThe Scottish Executive is inviting contributions for its review ofthe Freedom of Information (Scotland) Act 2002 which came intoforce in January 2005. The Act introduced important new rightsfor all to access information held by Scottish public authorities.The review will provide an opportunity to assess the evidenceand this consultation will feed into the process by gatheringviews on specific aspects of the Act and how it is operating inpractice. The closing date 31 March 2006.

In September 2006 Scottish Ministers will present a bill(Judicial Appointments and Removals Bill) that will place theJudicial Appointments Board for Scotland on a statutory basis,modernise the procedures for the removal of judges and makesome changes to the organisation of the judiciary and to thearrangements for deployment and regulating conduct. Thisconsultation will gather views on these proposals in advance ofthe publication of the Bill. The deadline is 3 April 2006.

pub l i ca t i ons by s l sa members


. . . b o o k sThe Silicon Empire: Law, culture and commerce (2005) MichaelB Likosky, Ashgate (with Foreword by Sally Falk Moore) MichaelLikosky examines the continuities and discontinuities betweencolonial and present-day high-tech transnational legal orders. Hedistinguishes the democratic and human rights rhetoric of thiseconomy from a reality wherein the legal order is often used toreproduce colonial-type relationships. Just as in the colonialperiod, the expansion of trans-border commerce overlaps withdemocratic demands and human rights in complex, multifacetedand paradoxical ways. Through a case study looking atMalaysia’s Multimedia Super Corridor, a high-tech nationaldevelopment plan and foreign direct investment scheme, heexamines how the transnational leaders of the high-tech economyalong with the Malaysian political elite react when human rightsproblems threaten to derail commercial plans.Privatising Development: Transnational law, infrastructureand human rights (2005) Michael B Likosky (ed) Martinus NijhoffThis book looks at the shift since the 1980s away from state-financed and towards privatised international infrastructureprojects. An interdisciplinary group of contributors looks at therelationship between privatisation and human rights in diversenational settings and in multiple sectors of the economy. Theseissues are explored through international organisationframeworks and internal politics, legislative guides, contracts andpublic-private organisations. The role of the World Bank, MIGA,export credit agencies, the UN Commission on InternationalTrade Law, credit ratings agencies, international banks, TNCs,NUDs, community groups and state agencies are examined.Labour Law: Text and materials (2005) (2nd edn) Hugh Collins,KD Ewing and Aileen McColgan, Hart £28/€42 ISBN 1-84113-362-0 1166pp The second edition of this book examines the lawrelating to employment, industrial relations and labour marketregulation in the United Kingdom, including relevant dimensionsof EC law and policy. The text introduces selected extracts fromcases, statutes, reports, official statistics and academiccommentary and analysis, and the whole is designed to provideall the materials needed for courses in labour law or employmentlaw. The text emphasises recent developments including theexpansion of legal regulation, new forms of work, the integrationof labour law with broader policies aimed at the enhancement ofcompetitiveness and the prevention of social exclusion, equalopportunities and the protection of rights in the workplace andnew mechanisms for worker participation in decisions.The New Public Contracting: Regulation, responsiveness,relationality (2006) £60 hb ISBN-10: 0-19-929127-6 pb ISBN-13:978-0-19-929127-4 384pp This book charts the significant increasein Britain over the last 25 years in the deployment of contract as aregulatory mechanism across a broad spectrum of socialrelationships. Since 1997 the trend has accelerated, the use ofcontract spreading beyond the sphere of economics into publicadministration and social policy. The ‘new public contracting’ isthe term given to this distinctive mode of governance,characterised by the delegation of contractual powers andresponsibilities to public agencies in regulatory frameworkspreserving central government controls and powers ofintervention. The book critically analyses and evaluates suchcontractual arrangements with reference to theories of relationalcontract and responsive regulation. It argues that while inbusiness and other private relations contract routinely enables theparties to regulate and adjust their on-going relationships tomutual benefit, this is often not the case in the new publiccontracting. In many instances crucial elements of trust,voluntariness and reciprocity are lacking. This and otherweaknesses in regulatory design can impede the attainment ofgovernment policy objectives. The book demonstrates theproblems of ineffectiveness and lack of legitimacy associated withthis mode of regulation, and specifies institutional and otherconditions that need to be satisfied for the more responsivegovernance of these public service functions.

. . . D C A r e p o r t sEvaluation of Appellate Work in the High Court and theCounty Courts (2005) Joyce Plotnikoff and Richard WoolfsonDCA 7/05 Major changes to the system of civil appeals wereintroduced in May 2000 by Part 52 of the Civil Procedure Rules.Previous research by the authors looked at the impact of thesechanges on the civil division of the court of appeal. This studyexamines how appellate work is handled in the high court andcounty courts, focusing on the high court appeals office at theRoyal Courts of Justice and three regional appeals centres. Itdraws on the views of judges, lawyers, litigants and court staffand on an examination of files. The findings should assist indeveloping systems that meet the needs of litigants and respondeffectively to the demands of appellate work. Administrative Justice and Alternative Dispute Resolution:the Australian experience (2005) Trevor Buck, DCA 8/05 Thisreport examines the Australian system of administrative justiceand the role of alternative dispute resolution (ADR) within it. Thereport outlines developments across the courts, tribunals andombudsmen offices, at both Commonwealth and state/territorylevels of government. The report finds that Australia hasproduced a rich range of ADR practice across these cornerstoneinstitutions. The report concludes that what is required is asystem that is sufficiently sensitised to identifying appropriateroutes of dispute resolution in their individual contexts. The Management of Civil Cases: The courts and the post-Woolf landscape (2005) Professor John Peysner and ProfessorMary Seneviratne, DCA 9/05 This research project examines theeffect of the 1999 civil justice reforms on case management in thefast and multi-tracks. It is a qualitative investigation, conducted ineight county courts, examining resources and costs. It concludesthat the culture of litigation has changed for the better; casemanagement is a success; and settlement rates in advance oflitigation are high. However, costs remain a problem, and theseappear to have increased overall.Advice Agencies, Advisors and their Clients: Perceptions ofquality (2005) Jenny Johnstone and James Marson 10/05 Thisresearch reports on perceptions of quality of legal advice servicesprovided by non-legally qualified advisers. It describes clients’perceptions of the advice they received and providers’perceptions of the service they offer. It also examines advisors'views on quality standards and the advice network, and clients'definitions of a good quality service.Tribunals for Diverse Users (2006) Hazel Genn, Ben Lever,Lauren Gray with Nigel Balmer and National Centre for SocialResearch DCA 1/06 Using a variety of methodologies, this is amajor study of access, experiences and outcomes of tribunalhearings from the perspective of tribunal users in three tribunals:the Appeals Service, the Criminal Injuries Compensation AppealsPanel and the Special Educational Needs and Disability Tribunal.The study also included focus groups with the general public andinterviews with tribunal judiciary. It was designed specifically tocompare the experiences of white, black and minority ethnic usersto establish how they perceive, and are treated within, tribunalsand whether black and minority ethnic users experience anydirect or indirect disadvantage in accessing and using tribunalservices. The findings have implications for the provision ofinformation and advice services and for judicial training.The Exercise of Judicial Discretion in Rent Arrears Cases(2005) Caroline Hunter, Sarah Blandy, David Cowan, Judy Nixon,Emma Hitchings, Christina Pantazis and Sadie Parr DCA 6/05 Thisreport from academics at Sheffield Hallam and BristolUniversities examines the factors which influence the ordersmade by judges in housing possession cases. It considers how farthere is a consistency of approach in cases between district judgesand the perceptions that key stakeholders have of judges’decision-making behaviour.

These and other reports are available from the Department forConstitutional Affairs, Research Unit e [email protected] www.dca.gov.uk/research/dcares.htm

pub l i ca t i ons by s l sa members


Theory and Method in Socio-Legal Research (2006) RezaBanakar and Max Travers (eds), Hart £50/€75 hb ISBN 1-84113-625-5 £17.60/€26.40 pb ISBN 1-84113-626-3 348pp Socio-legalresearchers increasingly recognise the need to employ a widevariety of methods in studying law and legal phenomena and thatthis needs to be informed by an understanding of debates abouttheory and method in mainstream social science. This collectionpublishes papers from a workshop held at the Oñati Institute forSociology of Law in which researchers from several countriesexplored these issues. The editors have provided a criticalintroduction to each of six sections, and a general introduction onlaw, sociology and method.French Criminal Justice: A comparative account of theinvestigation and prosecution of crime in France (2005)Jacqueline Hodgson, Hart £30/€45 ISBN 1-84113-429-5 Basingmuch of its analysis upon the first systematic empirical study ofthe French pre-trial process, this monograph breaks new groundin the field of comparative criminal justice. Moving away fromidealised accounts of judicially supervised investigations, itprovides a better understanding of the ways in which aninquisitorially rooted criminal process operates in practice andthe factors that influence and constrain its development andfunctioning. The structure and operation of French criminaljustice is set within a broad range of contexts – of political,occupational and legal cultures – from the French Republicantradition of state-centred models of authority, across the growinginfluence of the ECHR, to the local conditions which determinethe ways in which individual discretion is exercised. The Frenchmodel of investigative supervision and accountability iscontrasted with more adversarial procedures and in particular,the different ways in which the reliability of evidence isguaranteed and the interests of the accused protected. This bookwill be essential reading for teachers, researchers, students andpolicy-makers working in the areas of criminal justice in the UKand across Europe, in comparative criminal justice/criminology,as well as in French and European studies.State of Law in the South Caucasus (2005) Christopher PMWaters, Palgrave £55 The countries of the South Caucasus –Georgia, Armenia and Azerbaijan – have been plagued by thefailings of the rule of law. While the quality of written laws hasimproved since independence, legal institutions – and perhapslegal culture – continue to be weak. The failings of law have inturn had a corrosive effect on state-building and democratisation.This book examines the rule of law in the region from a variety ofthemes and perspectives, such as corruption, elections, relationswith Europe, legal professions, regulation of business,environment protection and human rights.Integrating Victims in Restorative Youth Justice (2005)Adam Crawford and Tom Burden, Policy Press, £14.99 102ppISBN 1861347855 It is a key aim of current youth justice policy tointroduce principles of restorative justice and involve victims inresponses to crime. This is most evident in the referral order andyouth offender panels established by the Youth Justice andCriminal Evidence Act 1999. However, the challenges involvedin delivering a form of restorative youth justice that is sensitiveto the needs of victims are considerable. This report provides anilluminating evaluation of the manner in which one YouthOffending Service sought to integrate victims into the referralorder process. The study affords in-depth insights into theexperiences and views of victims and young people whoattended youth offender panel meetings. It places these in thecontext of recent policy debates and principles of restorativejustice. The report tracks a six-month cohort of cases in 2004;provides an analysis of in-depth interviews with victims, youngoffenders and their parents; highlights the challenges associatedwith integrating victims into restorative youth justice; and offersrecommendations with regard to the involvement of victims inreferral orders. This timely report will be of great value to youthjustice policy-makers and practitioners, researchers andstudents of criminology and criminal justice, as well as all thoseinterested in restorative interventions and the role of victims inthe justice process.

Housing Rights and Human Rights (2005) Padraic Kenna,European Federation of National Associations Working with theHomeless in Brussels €10 ISBN 9075529449 Housing Rights andHuman Rights sets out in one publication the range ofinternational instruments which states have acceptedguaranteeing housing rights to their citizens and others. Itprovides a valuable guide to understanding the origins and extentof contemporary human rights and housing rights instruments.The book examines the development and current status ofhousing rights as they are defined, monitored and implemented(or not) in line with various obligations of states, derived from thelegal instruments of the United Nations, the Council of Europeand the European Union. This book offers a valuable source ofinspiration, as well as an established corpus of law and standards,to counter ‘the race to the bottom’, where states compete forforeign direct investment, low capital taxation levels and‘competitive labour markets’, by reducing rights. It also examinesthe position of housing rights within the ‘new governance’ of theEU involving a shift away from hard law, towards such methodsas the open method of co-ordination within the social inclusionpolicies of the EU. It posits the relevance of fundamental rights,such as are set out in the EU Charter of Fundamental Rights, inthe context of these developments and the growth of New PublicManagement. The book provides an analysis of relevant EUreports and literature in this area. Available in bookshops andfrom e [email protected]. Further information from e [email protected] brief ... the 2nd edition of Pascoe Pleasence’s (2006) Causes ofAction: Civil law and social justice, TSO, Norwich, was publishedat the end of February.

. . . a n d j o u r n a l sThe Journal of Legal Studies Education (JLSE) is offering a freesample copy. Published twice annually, the JLSE is an importantresource for professors of business law. The journal is peer-reviewed and closely examines pedagogical issues withinbusiness legal studies. For more information visit the journalhomepage. w www.blackwellpublishing.com/jlseJournal of Sexualities, Gender and Justice: call for papers TheJournal of Sexualities, Gender and Justice is an independently peer-reviewed journal which aims to promote discussion of, andprovide a forum for, the analysis of relations between and withinsexualities, genders and law from critical and interdisciplinaryperspectives. The theme for the inaugural issue is ‘Just love’ – atopic which seems out of place in an academic and politicalenvironment that is preoccupied with international security,economic rationalism and new pandemics. And yet a criticalglance reveals that these ‘objective’ and ‘rational’ topics arecouched in highly emotive language and often draw heavily upongeneralisations about gender and sexuality. The Journal ofSexualities, Gender and Justice invites submissions on the topic ofjust love, and encourages analyses across plural and differentsexualities and genders, including but not limited to heterosexual,queer, intersex, transgender, masculinities and femininities andanalyses that address the appearance of law in different sites, suchas word and image, popular culture, cinema, policy, daily life,judgments and legislation. Any style of submission up to 8000words is welcome from any relevant discipline. Submissions dueby 30 June 2006. w www.jsgj.org For more information contactSarah Keenan t 0412 805 742 or Mark Thomas t 0408 714 706 e [email protected] Journal of Academic Legal Studies (JOALS) is a new, freeaccess online journal initiated by the University of Hannover. Itaims to provide young legal scholars with an entry point into theworld of academic publishing, applying a rigid peer-reviewsystem whilst acknowledging that high quality academic workcan be produced by undergraduates, postgraduates andpostdoctoral scholars alike. Issue 1 is now available on thejournal's website and the editors are actively seeking submissionsfor future issues. For more information, please visit the site orcontact the editors. w www.joals.org e [email protected]

events


• FORENSIC FUTURES: INTERROGATING THE POSTHUMAN SUBJECT Birkbeck:16–18 March 2006

An international conference in cooperation with the Law School,Birkbeck and the Leverhulme Trust. Convener: Rosi Braidotti, UtrechtUniversity and Leverhulme Trust Visiting Professor, Birkbeck. Thisconference explores the shifting boundaries between life and death incontemporary culture. For further information and registration seew www.bbk.ac.uk/law/conferen/forensicfutures2006.shtml or contactVictoria Goodyear e [email protected].

• THE CHANGING FACE OF UK CONSUMER LAWUniversity of Hull: 11 April 2006

The Law School at the University of Hull, together with the ConsumerLaw Academic Network is holding a one-day symposium onconsumer law in honour of Deborah Parry’s contribution to consumerlaw scholarship. Speakers will be Richard Bragg, Peter Cartwright,Brian Harvey, Geraint Howells, Roland Rowell and Christian Twigg-Flesner. Contact Ann Sweeney e [email protected].

• BUILT ENVIRONMENT LAW NETWORKInaugural Meetings, London and Hong Kong: April 2006

The Built Environment Law Network (BEL-NET) is an internationaland interdisciplinary network of researchers. It brings legal scholarsand academic researchers in the property, construction and socialhousing fields together to address a range of legal issues affecting allthose who use and manage our built environment. The inauguralmeetings will discuss the future direction of the network. ContactPaul Chynoweth e [email protected].

• LSCR 6th INTERNATIONAL RESEARCH CONFERENCEQueen’s University Belfast: 20–21 April 2006

To be held in conjunction with the Northern Ireland Legal ServicesCommission and the Scottish Legal Aid Board, the conference willinvolve leading researchers, policy makers, professionals andcommentators in the legal aid field from around the world. Its themewill be Transforming Lives: The Impact of Legal Services and LegalAid. Contact e [email protected] w www.lsrc.org.uk

• MIDWEST POLITICAL SCIENCE ASSOCIATIONCONFERENCEPalmer House Hotel, Chicago: 20–23 April 2006

w www.indiana.edu/~mpsa/conferences/conferences.html

• SYMPOSIUM ON LAW, MIGRATION AND HUMAN RIGHTSUniversity of Sussex: 12 May 2006

Convenor: Marie-Benedicte Dembour. Speakers include NicolaRogers, Gina Clayton, Colin Harvey, Dallal Stevens, Steve Peers, DoraKostakopoulou, Elspeth Guild and James Hampshire. Registration isfree but essential – places limited. Contact: e [email protected]

• CRITICAL APPROACHES TO INTERNATIONAL LAW: THE FORCE OF INTERNATIONAL LAW Birkbeck, London: 15–17 May 2006

The third in a series of events dedicated to the critique ofinternational law at Birkbeck School of Law. These events aim tobring together people working on various critical approaches tointernational law, who may have identified themselves as belongingto different ‘constituencies’, and occasion intense debate and thepresentation of new collaborative work. Deadline for submissions 31March 2006. Call available at w www.bbk.ac.uk/law/confer.shtml.

• 16TH INTER-PACIFIC BAR ASSOCIATION CONFERENCE Hilton Hotel, Sydney: 30 April–3 May 2006

Negotiation and effect of free trade agreements. w www.ipba2006.com

• LAW, RELIGION AND SOCIAL CHANGEAustralian National University, Canberra: 25–27 May 2006

Designed to encourage innovative exploration of relationships betweenlaw, religion and spirituality from diverse perspectives using two broadthemes: religion and the architecture of law; and religion and theregulation of life, death, sexuality, work and education. Enquiries:Adrienne Stone e [email protected] w http://lawrsss.anu.edu.au/conference.html

• ALSP 2006: SOCIAL JUSTICE IN PRACTICE – Call University College Dublin, Ireland: 29 June–1 July 2006

The theme of the 2006 conference of the Association of Social andLegal Philosophy is ‘Social justice in practice’.w www.ucd.ie/alsp2006

• ‘TOO PURE AN AIR’: LAW AND THE QUEST FORFREEDOM, JUSTICE AND EQUALITYGloucester, England: 18–20 June 2006

Sponsored by Texas Wesleyan University School of Law, University ofGloucestershire, Central Gloucester Initiative and Gloucester CityCouncil. To celebrate Lord Mansfield’s famous decision in Somerset vStewart and its impact, the conference aims to discuss the role the lawhas played in fostering freedom and equality and furthering oppressionand exploitation. It will explore the issues of how law and itspractitioners affect issues of freedom, equality and justice. Papers fromthe conference will be published by the Texas Wesleyan Law Review in aspecial symposium issue. w www.gloucesterconference.com

• WG HART LEGAL WORKSHOP 2006: THE RETREAT OFTHE STATE: CHALLENGES TO LAW AND LAWYERSInstitute of Advanced Legal Studies, London: 27–29 June 2006

Academic Directors: Professor Linda Mulcahy, Birkbeck, University ofLondon; Professor Sally Wheeler, Queens University, Belfast;Professor Chris Bovis, University of Central Lancashire. The aim ofthe workshop is to interrogate the changing relationship between thestate and law. Plenary speakers will include: Professor Marc Galanter,University of Wisconsin; Professor Sally Wheeler, QUB; Professor SolPicciotto, Lancaster University; Professor David Cowan, University ofBristol. Contact: Belinda Crothers e [email protected].

• BRITISH ASSOCIATION OF CANADIAN STUDIES LEGALSTUDIES GROUPCanadian High Commission, London: 30 June 2006

This year’s theme is Anglo-Canadian Perspectives on Contract andUnjust Enrichment/Restitution. The keynote speaker is ProfessorStephen Waddams. w www.lancs.ac.uk/fass/organisations/canadian

• NORTH AMERICAN TAIWAN STUDIES ASSOCIATIONCONFERENCEUniversity of California, Santa Cruz: 3–5 July 2006

Theme: Crossing the Borders, Fostering the Future: Taiwan Studies inthe Intersections. Since the late 1980s, Taiwan’s extraordinarypolitical, social and economic transformation has led to a freshTaiwan-centred focus for research and attracted unprecedentedattention from the world's intellectuals. Visit w www.natsc.org orcontact NATSA Secretaries Yih-jye Hwang e [email protected] andChing-Chang Chen e [email protected].

• CHILDHOOD AND YOUTH: CHOICE AND PARTICIPATION Centre for the Study of Childhood and Youth, Sheffield: 4–6 July 2006

The aim of this is to explore and question the nature and extent ofchildren’s participation. The programme includes four plenaries withparallel sessions of contributed papers. There will also be apostgraduate forum after the close of the main event. Contact AllisonJames e [email protected] or Penny Curtis e [email protected] or see w www.sheffield.ac.uk/cscy.

• BRITISH SOCIETY OF CRIMINOLOGY CONFERENCEGlasgow: 4–7 July 2006

Run jointly by the Glasgow Caledonian, Strathclyde and GlasgowUniversities, the provisional title is Research and Theory: NewDirections in Scottish and Global Criminology. Plenary speakers willbe Kelly Hannah-Moffat, University of Toronto; Richard Sparks,University of Edinburgh; Clive Norris, University of Sheffield;Loraine Gelsthorpe, University of Cambridge. Details: w www.caledonian.ac.uk/ bscconf2006 e [email protected]

• ESRC CENTRE ON MIGRATION, POLICY AND SOCIETYCONFERENCE: INTERNATIONAL LABOUR MIGRATIONUniversity of Oxford: 5–6 July 2006

A conference bringing together leading academics, research students,policy makers and practitioners to explore and debate the processes,impacts, objectives and policies of international labour migration. w www.compas.ox.ac.uk

events


• INTERNATIONAL JOURNAL OF CLINICAL LEGALEDUCATION CONFERENCE: THE PRACTICE OF FREEDOM:EMANCIPATION THROUGH CLINICAL LEARNING?Institute of Advanced Legal Studies, London: 12–13 July 2006

A unique forum for clinical educators from all jurisdictions to cometogether to discuss all aspects of clinical teaching and learning, to learnfrom one another and to share best practice. This year’s themesinclude: clinical teaching strategies; clinical organisation andmanagement; assessment and grading in clinics; clinics and ethicalpractice. Papers welcome from all jurisdictions. Contact PhilipPlowden t +44 (0) 191 227 3995 e [email protected] papers will be considered for publication in the journal.

• LAW AND LITERATURE ASSOCIATION OF AUSTRALIA:PASSAGES – LAW, AESTHETICS, POLITICS – CallUniversity of Melbourne: 13–14 July 2006

A conference committed to critical and theoretical analysis respondingto the contemporary political conditions of today. Plenary andkeynote speakers are: Maria Aristomedou, Birkbeck; Katherine Biber,Macquarie University; Rebecca Scott Bray, University of Sydney;Richard Sherwin, New York Law School. The deadline for abstracts is1 May 2006. Contact Amy Harrington e [email protected] www.law.unimelb.edu.au/cmcl

• MEDEA: MUTATIONS AND PERMUTATIONS OF A MYTHClifton Hill House, Bristol, UK: 17–19 July 2006

Medea, the infanticidal wife of Jason, is a figure from classicalmythology who challenges the boundaries of behaviour andunderstanding. The organisers hope to explore the themes of: thereception of the myth from antiquity to the 21st century; a critical re-assessment of theories of myth and myth-making; the interpretationof the Medea myth to suit cultural, political, gender and scientificagendas. A volume of proceedings will be published shortly after theconference. Contact Dr Heike Bartel e [email protected] Dr Anne Simon e [email protected].

• LATIN AMERICAN NETWORK OF LEGAL ANTHROPOLOGYBI-ANNUAL CONFERENCEMexico: October 2006

This network brings together socio-legal scholars and indigenous rightsactivists. w http://relaju.alertanet.org/

• 1ST ANNUAL CONFERENCE ON EMPIRICAL LEGAL STUDIESUniversity of Texas Law School: 27–28 October 2006Submission deadline: June 30, 2006

This conference will feature presentations of original empirical andexperimental legal scholarship by leading scholars from diverse fields.It is jointly organised by Cornell Law School, NYU School of Law andthe University of Texas Law School. Conference organisers: JenniferArlen (NYU), Bernard Black (Texas), Theodore Eisenberg (Cornell),Michael Heise (Cornell) and Geoffrey Miller (NYU). General inquiries:Prof Bernard Black e [email protected]. Registration: PeggyBrundage e [email protected].

• 1ST BRITISH–GERMAN SOCIO-LEGAL WORKSHOP: LAW,POLITICS AND JUSTICE – CallKeele University: 9–11 November 2006

The Research Institute for Law, Politics and Justice and the ResearchCommittee of Socio-Legal Studies of the German Society of Sociologyand the German Socio-Legal Association are inviting socio-legalscholars from Britain and Germany to present papers and discussresearch at this event. For submission and booking information see w www.keele.ac.uk/research. Please send your expressions of interestand 250-word abstracts to Susanne Karstedt e [email protected] Bettina Lange e [email protected].

• CENTRE FOR ANALYSIS OF RISK AND REGULATION EVENTS• BSE . . . ten years on: LSE, London: 21 March 2006

Speaker: Prof Hugh Pennington, University of Aberdeen. Chair:Prof Bridget Hutter. Discussant: Dame Deidre Hutton.

• ‘Outbreak? Pandemic risk and risk management in the 21stcentury’: LSE, London: 14 March 2006Speakers include: Prof Peter Baldwin (UCLA), Prof ThomasAbraham (University of Hong Kong).w www.lse.ac.uk/collections/carr/default.htm.

• EUROPA INSTITUTE MacCORMICK LECTURES 2006Old College, University of Edinburgh

A themed series of lectures in which speakers will address variousaspects of the EU constitutional debate. Enquiries to Jo Shaw e [email protected] or Drew Scott e [email protected].

5 May: Professor Giuliano Amato, European University Institute,Constitutional Developments in Europe24 May: Professor Joseph HH Weiler, New York University, AChristian Europe28 September: Professor Neil Walker, European UniversityInstitute, Europe in Constitutional Limbo: Democratic deficit andsovereignty surplus’31 October: Professor Jo Shaw, University of Edinburgh(Inaugural Lecture), Citizenship and Constitutionalism in theEuropean Union – What role for political rights?1 December: Professor Deirdre Curtin, University of Utrecht,Constitutionalism and Governance in the EU8 December: Professor Sir Neil MacCormick, Reflections on theConstitutional future for Europe

• BALDY CENTER EVENTS, SUNY BUFFALO, NEW YORKInterdisciplinary workshop: merging immigration and crimecontrol: 28–29 April 2006Organiser Teresa Miller, Law, SUNY Buffalo. Presentations willfocus on the convergence of crime control and immigrationcontrol since the inception of the War on Drugs and the War onTerror. Participants include Nora Demleitner, Hofstra University;Kevin Johnson, University of California, Davis; DanielKanstroom, Boston College; Stephen Legomsky, WashingtonUniversity in St Louis; Randall Shelden, University of Nevada,Las Vegas; Jonathan Simon, University of California, Berkeley;Juliet Stumpf, Lewis and Clark Law School; Michael Welch,Rutgers University. Police power reconsidered: interdisciplinary perspectives onmodern governance: 9–11 June 2006Organisers: Markus Dubber, Law, SUNY Buffalo and MarianaValverde, Criminology, University of Toronto. This is a follow-upto a 2004 workshop on ‘The new police science: the police powerin domestic and international governance’. Participants fromdifferent disciplines and countries will explore a range of topicsfrom the general perspective of policing as a tool of governance.See w www.law.buffalo.edu/baldycenter/events.htm.

• CENTRE LGS EVENTS 2006Annual lecture: the decline of state sovereignty and the returnof the repressed: University of Westminster: 19 April 2006Professor Wendy Brown on ‘The decline of state sovereignty andthe return of the repressed’.Symposium: ‘There is no politics without fantasy’: gender,sexuality and cultural studies in law: Keele: 19–20 April 2006Academics from a range of disciplines will investigate the manydifferent uses of fantasy in gender, sexuality and law scholarship. PG workshop/mini-conference: Westminster: 26–27 April 2006At the workshop on 26 April a group of invited experts will sharetheir theoretical perspectives. The mini-conference is anopportunity for postgraduates to present their research in afriendly and supportive atmosphere.Workshop: revisiting governing from feminist and queerperspectives: Kent University: 29 June 2006To explore the contribution of feminist and queer theory to ourthinking on the character and practice of regulation and governance. International conference: up against the nation-states offeminist legal theory: Kent University: 30 June–1 July 2006To address the changing and multi-faceted relationship betweenthe nation-state and feminist legal theory. Why and how? Theoretical and methodological directions inlaw, feminism, gender and sexuality: University of BritishColumbia: 24–26 August 2006For scholars who are thinking about theories and methodologiesrelated to investigating law, feminism, gender and/or sexuality.

Contact Anisa de Jong, Centre Coordinator t 01227 82 4474 e [email protected] w www.kent.ac.uk/clgs/events.html.

SLSA conference 2006

The University of Stirling

28th - 30th March 2006For further information about all aspects of the

conference please visit our website:www.slsa-stirling06.org.uk

Conference stream

s include:A

ccess to JusticeA

dministrative Law

Charity Law

Children and the Law

Crim

inal LawC

riminology

European LawFam

ily Law and Policy

Gender, Sexuality and the Law

Housing Law

Information Law

Labour LawLegal Education

Legal History

Legal Profession and EthicsM

iscarriages of JusticeSexual O

ffences and Offending

Social Theory and the LawSports and Entertainm

ent LawThe C

ity and New

Urbanism

Devolution

Plus full social programm

e

The Police and Social ConflictNigel G Fielding

Policing remains one of the most controversialareas of criminal justice and an enduringconcern of the public and politicians. It has,indeed, become institutionalised, with anumber of universities offering degrees andnearly every programme in criminologyincluding attention to the police. This titlediscusses the nature of the British police forceas they relate to the delivery of formal andinformal social control.

New & Available TitlesSpecial Lecturers’ Offer – 20% off published price

Law, Text, TerrorEdited by Peter Goodrich, Lior Barshackand Anton Schütz

At a time when the legitimacy of master texts andthe legal framework of community are subject tochallenge both nationally and internationally, Eastand West, Law, Text, Terror brings together a groupof leading international scholars to provide a uniqueand stimulating account of the ritual functions andeffects of law both in maintaining community and inunderscoring the horror that accompanies therealisation of the limits of law.

Regulating Social Housing:Governing DeclineDavid Cowan & Morag McDermont

This book is concerned with subsidised andlow-cost housing, not necessarily provided bythe state but which the state seeks to control,regulate or license. Although it might beargued that we are moving to a post-welfarestate, or neo-/advanced liberalism, the bookoffers a view of welfare housing as intransition, a state where its conclusion isunclear.

For more information regarding any forthcoming GlassHouse Press titles, or to place an order (quoting SLNL2005), please contact [email protected]

Tel: +44 (0)20 7278 8000 Fax: +44 (0)20 7278 8080 www.cavendishpublishing.com

Legal Pluralism in Conflict: Copingwith Cultural Diversity in LawPrakash Shah

This book is the result of the author'sexperience as a teacher and researcher in thefield of ethnic minorities and the law. Itbegins by developing a legal pluralisttheoretical framework to analyse theinteraction of ethnic minority laws and Britishlaws, before examining the limits of existingapproaches to legal education and chartingthe development of the alternative course ofethnic minorities legal studies.

Available Now! ISBN 1 85941 742 6192 Pages Price £29.00 £23.20

Coming Soon! ISBN 1 90438 558 3224 Pages Price £39.00 £31.20

Due February 2006 ISBN 1 90438 525 7250 Pages Price £25.00 £20.00



an imprint of

Feminist Perspectives on Contract LawEdited by Linda Mulcahy & Sally Wheeler

The law of contract is ripe for feministanalysis as feminist perspectives on contracthave tended to be marginalised inmainstream textbooks. This edited collectionquestions the assumptions made in suchworks and the ideologies that underpin them,drawing attention to the ways in which thelaw of contract has facilitated the virtualexclusion of women, the feminine and theprivate sphere from legal discourse.


Criminology, Civilisation andthe New World OrderWayne Morrison

In this self-reflective era, accounts ofcriminology’s history as a state- and sciencedependent discipline are in the ascendant.But how many address the torque ofcriminology towards colonialist thought andpractice or the relation between criminologyand genocide? These are two of the centralthemes in this powerful study.

NEW

NEW

Law and the Beautiful SoulAlan Norrie

What is law? How should it define concepts like‘recklessness’ or ‘provocation’? How does it reflectmoral categories of judgment? Basic questions forliberal law and criminal justice – what could theyhave to do with the virtually forgotten figure of theBeautiful Soul? Starting from legal issues, Norriedevelops a critical vision of the relation between law,morality and sociohistorical context. Drawing ondeconstruction and critical realism, he argues for aform of critical thought that is at once historical andethical, uncovering the historical figure of theBeautiful Soul, and its unexpected relation to law.


NEW

UK Election LawBob Watt

This book contains a critical analysis of the law andpolitics governing the conduct of statutory electionsin the UK. The author submits that elections havenow become a marketplace for ‘buying’ the mostseemingly attractive political party on offer intopower, rather than an expression of democratic self-government. The author argues that election law,perhaps above all other kinds of law, should be thesubject of vigorous and open public debate.


sln 48 spring 2006 - slsa.ac.uk spring 2006.pdf · grace james university of reading e...

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