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This paper seeks to investigate and assess a particular form of relationship between the State and its citizens in the context of the COVID-19 pandemic, namely that of obedience to the law and its related right of protest through civil disobedience. We do so by conducting an analysis and normative evaluation of two cases of disobedience to the law: (1) healthcare professionals refusing to attend work as a protest against unsafe working conditions, and (2) citizens who use public demonstration and deliberately ignore measures of social distancing as a way of protesting against lockdown. While different in many aspects, both are substantially similar with respect to one element: their respective protesters both rely on unlawful actions in order to bring change to a policy they conside... |
The current crisis in the relationship between the Polish Constitutional Court and the Court of Justice of the European Union (ECJ) is of crucial significance for the process of regional integration based on the values of liberal democracy taking place in the EU. The constitutional crisis in Poland that began in the end of 2015 has challenged the systemic position of the Polish Constitutional Court. It resulted in a new model of constitutional adjudication, and in this new model the Constitutional Court, stripped of its counter-majoritarian power, cannot be perceived as the guardian of liberal democracy. This article postulates that the assessment of the present case law of the Polish Constitutional Court in European matters is made through the prism of the Constitutional Court’s ju... |
Drawing on 38 in-depth, qualitative interviews, this article explores how people working in the equality sector in England and Wales view and use the current law around sex and gender, and how they imagine law’s future, particularly potential decertification, where the state would withdraw from certifying and regulating a person’s sex/gender. Whilst situated in the bureaucratic strand of the literature, the paper also contributes to wider legal consciousness studies. This literature has generally focused on people’s relationships to law in terms of domination, alienation and game-playing. Drawing on idioms and the language of touch, the paper unpacks the way in which equality actors talked about law not as remote or alienating, but as close and familiar; not as oppressive, but as “p... |
We are witnessing a clash of (i) biocentric or ecocentric ideologies that grant equal rights to all living creatures, with (ii) an ideology that arose on the basis of anthropocentrism that gives the palm of priority to man. Hunters who are accused of killing defenseless animals for entertainment are at the heart of this dispute. Meanwhile, hunters argue that their activity results from the need to manage game populations, thus the necessity to limit the threats to human life and health and to minimize the extent of damage to field crops or forests. In the atmosphere of such public disputes between activists and hunters, decisions are made by politicians who shape specific legal solutions. In 2018, the Hunting Law (Polish Act of 13 October 1995, Journal of Laws of 2020.) in Poland wa... |
This article provides an authentic, student-centred account of how law students develop their commercial awareness on their journey to graduate employment. Drawing on data collected from a two year research study involving law students going through the graduate interview process, this article presents the first detailed empirical findings on how, when and why law students develop their commercial awareness. This data is important because law students have a wide range of available career options and commercial awareness is required across a range of graduate professions, including the legal sector. The findings of this study indicate that the law school played a part in developing law students’ commercial awareness but that its role was limited due to a lack of explicit guidance on... |
This article examines three divergent constructions about the salience of legal gender in lay people’s everyday lives and readiness to decertify gender. In our interviews (and survey data), generally participants minimised the importance of legal gender. The central argument in this article is that feminist socio-legal scholars applying legal consciousness studies to legal reform topics should find scrutinizing the construction of interview talk useful. We illustrate this argument by adapting and applying Ewick and Silbey’s (1998) ‘The Common Place of Law: Stories from Everyday Life', ‘before’, ‘with’ and ‘against’ typology to interview talk about legal gender, and critique their cognitivist approach by offering a constructionist alternative. In our analysis, we offer a detailed dis... |
This comment begins with some thoughts on the question of ‘criminal law’s exceptionalism’ and on what (seems to) motivate the question. It then moves on to a brief survey of some candidate criteria for the distinctive nature of the criminal law.Footnote1 The argument is that there is a defensible account of criminal law and punishment as distinctively valuable, but that this account does not have to be ‘apolitical’ and, perhaps even more importantly, it does not provide reasons for criminal law and punishment to be excluded from evaluation as instruments of public policy that may, or may not, be all things considered justified. |
This is a book about culpability in criminal law, and one that sets out to take a whole new approach to the topic. Whereas some theorists have approached culpability in criminal law as an issue in moral philosophy, and others as an issue in political philosophy, Garvey thinks that the general assumption has been that what we are looking to explain is how criminal justice can be compatible with standards of justice. By contrast, Garvey suggests that we should be concerned with how criminal justice can be legitimate. The book. |
The article locates the aesthetics of law within modern legal knowledge, moving from the analysis of Kelsen’s and Schmitt’s theories. Schmitt’s reading of Hobbes becomes the starting point in which political theology can be understood as an iconic legal theology, since the image of Leviathan. Legendre expands the reconstruction of the legal aesthetic model to the entire second millennium, moving from the appropriation of the imperial role of the Roman Pontiff. The article reads the frontispiece of Vico’s Scienza Nuova as a possible alternative to the Hobbesian model and as the foundation of contemporary visual legal studies. |
This article explores the challenge of developing a feminist law reform proposal to decertify sex and gender based on research conducted for the ‘Future of Legal Gender' project. Locating the proposal to decertify within a do-it-yourself, prefigurative approach to law reform, the article asks: Can a law reform proposal be both instrumental and radical? Can a proposal take shape as a viable legislative text and as a more subversive intervention to unsettle and reimagine gender’s relationship to law? This article explores this at two levels. First, it considers the ontological challenges of developing a controversial law reform proposal in terms of its realness (or fictiveness), contours, and temporality, turning to ‘slow law' as a credible way of approaching radical reform. |
