This timely Research Handbook offers significant insights into an understudied subject, bringing together a broad range of socio-legal studies of medicine to help answer complex and interdisciplinary questions about global health - a major challenge of our time. Interdisciplinary chapters explore both how the terrain of medicine can generate new questions about law, regulation and the state, and how the law intersects with health and medicine at every level. Bringing together leading international scholars, the Research Handbook assembles (...) concrete case studies to suggest avenues for further research on socio-legal inquiries, such as the construction of disorders by law, the reparation of injuries, and how race and gender impact justice. The Research Handbook for Socio-Legal Studies of Medicine and Health will be an inspiring read for researchers, academics and graduate students in the fields of health law, socio-legal studies, and gender and sexuality. (shrink)

How might the social sciences best be employed in the study of law, especially in light of today's legal climate of anti-foundationalism? Realistic Socio-Legal Theory addresses this question thoroughly and precisely. Drawing upon philosophical pragmatism to construct an epistemological and methodological foundation, this book formulates a framework for a realistic approach to socio-legal theory. Brian Z. Tamanaha contrasts the strengths of his realistic approach with those of the major schools of socio-legal theory through (...) application to many key issues in the field. He explores the problematic state of socio-legal studies, the relationship between behavior and meaning, the notion of legal ideology, the nature of the concept of law, the problem of indeterminacy in rule following and application, and the structure of judicial decision making. Tamanaha's discussion is always clear and concise as he articulates a social theory of law that draws equally from legal theory and socio-legal studies. His book has much to offer those interested in the gathering and organization of knowledge about law and legal phenomena. (shrink)

Drawing on philosophical pragmatism, Tamanaha formulates a framework for a realistic approach to socio-legal theory. The strengths of this approach are contrasted with that of the major schools of socio-legal theory by application to core issues in this area. Thus Tamanaha explores the problematic state of socio-legal studies, the relationship between behaviour and meaning, the notion of legal ideology, the problem of indeterminacy in rule following and application, and the structure of judicial (...) decision making. These issues are tackled in a clear and concise fashion while articulating a social theory of law that draws equally from legal theory and socio-legal theory. `This book provides a useful, and at times provocative, review of recent developments in legal theory. Because it covers considerable territory, it should be a good addition to one's professional library... there is much to commend in this book. It is well written, ably argued, and generally knowledgeable. It treats controversial topics forthrightly...an excellent review of the legal theory literature.... It should provide a worthwhile venture into familiar debates rendered from a perspective that owes allegiance to no side.' Law and Politics Book Review `by any criterion and excellent book...Tamanaha has produced a work which should feature as a core text in jurisprudence courses' Oxford Journal of Legal Studies `This is the most significant piece of work for anybody in Jurisprudence, Socio-Legal Studies, or Legal Theory' Neil MacCormick `a rich insight into almost every question legal theory has vexed itself over the past twenty-five years' Stanley Fish. (shrink)

H.L.A. Hart described his classic book, The Concept of Law, as a work in «descriptive sociology», and his aspiration was to produce a general jurisprudence. He was less than successful in achieving both of these aims. This article attempts a comprehensive reconstruction of legal positivism in a manner that will render it more compatible with a sociological approach, and more amenable to the project of general jurisprudence. The label «socio-legal positivism» reflects the fact that this article grafts (...) the insights and orientation of socio-legal theory onto the core tenets of legal positivism. In the course of this reconstruction, certain traditional views of legal positivists, especially those regarding the function of law and the nature of the concept of law, are discarded or modified. A number of Hart's key insights are preserved, but resituated within a broader framework. And the relationship between legal positivism and natural law is altered dramatically. The result of this reconstruction is the foundation for the construction of a general jurisprudence that better fits the complex and variable situation of law in society today. (shrink)

Islam, as a world religion, has a significant impact not only on the socio-political but also on the family and personal life of Muslims. The doctrine of family, marriage and marriage holds a great place in the social, legal and ethical doctrine of Islam.

This article presents original empirical data generated from the Crown Prosecution Service (CPS) Pilot Evaluation of pre-trial witness interviewing (PTWI) in England and Wales. Section 1 introduces the PTWI Pilot and describes the methodological strengths and limitations of our qualitative socio-legal study. Forming the richly documented empirical core of the article, Sections 2–5 identify the principal considerations which seemed to influence case selection for Pilot interviews. An overlapping collection of evidentiary, strategic and circumstantial factors encouraged prosecutors to resort (...) to PTWI, whilst other, countervailing considerations were apprehended as disincentives. Assessments of witness credibility were central to prosecutors’ attempts to balance these competing factors. Section 6 concludes by underlining the potential of qualitative socio-legal studies to promote more nuanced understandings of criminal process, and by extension to make practical contributions to evidence-based criminal procedure reform. (shrink)

This book offers empirical and theoretical research in the field of social and legal norms and provides inspiration for future debate and research in terms of internationalization and cross-national comparative studies. It presents a consistent picture of empirical research in different social and organizational areas and deepens the theoretical understanding regarding the interplay between social and legal norms. The contributors argue that normativity is a result of combinations between law in books, law in action, social norms and (...) social practice. The book uses a variety of different international examples, ranging from Sweden, Uzbekistan, Colombia and Mexico. (shrink)

It has been three years since we held the Feminism, Legality and Knowledge seminar to respond to our developing frustrations and excitement around feminist legal studies and academic publishing. In the wake of our 25th anniversary in 2018, we critically reflect further on our original intention to stock up on decolonising techniques to mix feminism, legality and knowledge whilst building on previous consideration of our self-proclaimed ‘international’ status. These reflections are prompted by editorial board members’ experiences as participants (...) in the Cardiff Law and Global Justice Centre’s British Academy-funded Global South Socio-Legal Writing Workshops in Accra, Nairobi and Recife in 2018. Following an explanation of the concerns with academic publishing that have prompted this reflection, we provide a narrative of our experiences in each of the three workshops exploring the lessons learned and their impact on our practice as editors and scholars in feminist legal studies. We finish with a renewal of our commitment to decolonise our minds and practices by continuing to struggle to earn the label ‘international’ for the journal now and in future. A brief introduction to the contents of this issue of FLS follows the reflection. (shrink)

: A rich array of twelfth to fifteenth century Arabic texts captures the advent of a supererogatory prayer known as ṣalāt al-raghā’ib, on the eve of the first Friday of the month of Rajab in late eleventh-century Jerusalem, and its wide dissemination. This corpus offers an unusually vivid picture of the formation and the transformation of a medieval bid’a, or, of an ‘invention of tradition’. Combining our expertise in Islamic law and in Ayyūbid and Mamluk era history, we use this (...) corpus for an in-depth study of popular piety, power politics, scholarly polemics and legal discourse. Twenty eight translated excerpts of various texts are presented in this paper, preceded by a detailed introduction. Exploring legal reasoning in its concrete political and social context provides a nuanced understanding of the development, mass proliferation and ensuing debate over a highly controversial and extraordinary potent religious practice. (shrink)

Nobody's Law shows how people - who are disappointed, disenchanted, and outraged about the justice system - gradually move away from law. Using detailed case studies and combining different theoretical perspectives, this book explores the legal consciousness of ordinary people, businessmen, and street-level bureaucrats in the Netherlands. The empirical research in this study tells an original and alternative narrative about the role of law in everyday life. While previous studies emphasize the law's hegemony and argue that it's (...) 'all over', Hertogh shows that legal proliferation makes it harder for people to know, and subsequently identify with, the law. As a result, official law has become increasingly remote and irrelevant to many people. The central finding presented in this highly topical text is that these developments signal a process of 'legal alienation'- a gradual and mundane process with potentially serious consequences for the legitimacy of law. A timely and original study, this book will be of particular interest to scholars in the fields of law and society, socio-legal studies and legal theory. (shrink)

Purpose. Based on the comparative analysis of the European and post-Soviet countries, the purpose of the article is to study one of the manifestations of gender discrimination, namely the problem of gender equality in the sphere of labor. It involves the consistent solution to the following tasks: a) to emphasize the basic principles of gender international and legal policy; b) to reflect the praxeological dimension of providing the equal social and economic opportunities for men and women at current level; (...) c) to emphasize the key criterion for ensuring the equality in socio-cultural sphere – equality in political life; d) to study the educational level of women and the possibility of self-realization in employment equal to men. Theoretical basis. The authors proceed from the standpoint that gender equality at the present stage has become a priority of legal policy and an important principle of the state of pro-European orientation. It is characterized in the legal plane, first of all, by the equality of the social roles of men and women, and the overcoming of the gender hierarchy of social ties, in which men are perceived as higher beings by their mental and physical abilities, and their activities are more significant and of priority in comparison with the activities of women. Originality. The authors have substantiated that in many economically developed countries the problem of providing a gender is still relevant, but most of the crisis problems in this area have found their legal regulation. The motivated position of the authors is that the level of education and professionalism of women cannot serve a reason for discrimination against women, which now exists in the economic and political sphere in the post-Soviet space. Conclusions. Gender stereotypes remain the priority in woman’s keeping family household, which creates significant inequalities of women and men at the labor market. Specialized regulatory acts in the field of gender declare the equality of men and women, while labor law defines a number of norms and guarantees that complicate the employment of women. In order to improve the situation we propose to implement a number of measures, such as, creation and financial support of the programs at the state level for supporting maternity, family and childhood; examination of all normative acts and concerning the issue of gender asymmetry, and especially the norms of labor law; introduction of state monitoring of employment and income of persons as to the complying with the principle of gender equality; introduction of quotas for women’s participation in political activities, in the work of the government and parliament, etc. (shrink)

This paper takes the position that interpretations of legal discourse are invariably taken in the context of socio-pragmatic realities to which a particular instance of discourse applies. What makes this process even more complicated is the fact that social realities themselves are often negotiated within the mould of one’s subjective conceptualisations of reality. Institutions and organisations, including people in power, often represent socio-political realities from an ideologically fuelled perspective, engendering many ‘illusory’ categories often a result of contested (...) versions of reality. To substantiate this view, we discuss interpretations of a number of interesting contemporary and controversial laws, including America’s Patriot Act and Hong Kong’s proposed Article 23 of the Basic Law. Both laws can be seen as illustrative of the definitional conflict that abstract concepts such as democracy and human rights are subjected to in their own specific socio-political contexts. While America crowns itself with democracy and Hong Kong struggles to achieve it in effective synthesis with its unique political arrangement, the laws produced by both contrasting political systems are unexpectedly similar, aiming for the moderation of basic rights. The actions of both governments set against their beliefs and discourses, and furthermore set against one another and other media voices, particularly those of non-governmental organisations, political activists, and other socio-political groups, demonstrate contestation of realities, giving rise to ‘discursive illusions’, which seem to be interpreted not so much on the basis of their linguistic construction but more on the basis of socio-pragmatic factors, such as trust, belief, transparency, control and power. (shrink)

RESUMOO presente artigo tem como objetivo analisar os meandros da composição e suas intertextualidades na polêmica do samba entre Noel Rosa e Wilson Batista, observando o dialogismo na interação verbal e musical entre os autores e os diversos textos da década de 1930. Ao apurar os ouvidos sobre a "polêmica do samba" observa-se que as composições revelam tensões inexoráveis entre um mundo festivo do "malandro" e os limites da realidade da época. Desse modo, com suporte em estudos que tratam deste (...) tema, busca-se trazer à tona um insight sobre este "duelo" musical que está, certamente, muito mais disseminado na sociedade que restrito a questões puramente estéticas.ABSTRACTThe purpose of this paper is to analyze the meanders of composition and their intertextuality in the samba controversy between Noel Rosa and Wilson Batista. We observe dialogism in the verbal and musical interaction between the samba writers and several texts of the 1930s. When ears are in tune with the "samba controversy," one observes that the compositions reveal inexorable tensions between the festive world of the "malandro" and the limits of the reality of the time. Accordingly, based on studies that address this theme, we aim to present an insight into this musical "duel," which is not restricted to purely aesthetics issues, but certainly disseminated in society. (shrink)

The authors investigate MacCormick and Weinberger's claim that the Institutional Theory of Law provides a conceptual framework for the study of legal phenomena from a socio-legal point of view. They evaluate this claim by confronting both the Institutional Theory of Law and Weinberger's theory of action with two approaches in socio-legal theory, i.e. the instrumentalist and the constitutive approach. The conclusion is that the Institutional Theory of Law lends itself to empirical research from an instrumentalist (...) perspective, for both place the concept institution in the context of law. Weinberger's theory of action may provide a basis for empirical research from a constitutive perspective. The authors make some suggestions for refinement of Weinberger's theory of action in order that the relation between institutions and action can be labeled dynamic. (shrink)

A crucial element of sovereignty politics concerns the role that juridical techniques play in recursively creating images of the sovereign. This paper aims to render that dimension explicit by focusing on examples of crime-focused law and colonial rule at the Cape of Good Hope circa 1795. It attempts to show how this law helped to define a colonial sovereign via such idioms as proclamations, inquisitorial criminal procedures, and case narratives framing the atrocity and appropriate punishment for crimes. Referring to primary (...) texts of the time, the paper explores how procedures and narratives of Cape law were also deeply involved in fashioning specific images of the sovereign in whose name it claimed to operate. (shrink)

In the article, the problem of socio-philosophical bases in the studies of the law and dynamic legal processes is discussed and described. The importance of socio-philosophical level of methodology for law understanding is stated. The idea of updating the required social and philosophical foundations of legal research is held. This thesis against the background of the famous comparison of innovations in the understanding of the essence of social development with the previously prevailing in the domestic (...) science historical materialistic approach is justified. Taking into account some of the dignity of historical materialism, the inability to use it to reveal the deeper side of the social reality of law is asserted. According to the authors, the heuristic potential for an integrated and comprehensive study of the social patterns of legal phenomena is found in the socio-philosophical approach, where the focus is on the phenomenon of ‘interaction‘ as the basis of the maximum social foundation of rights. As a possible source of scientific understanding of the issues under consideration, the national and foreign sociological theories of classical scholars are specified. The formation of the right, law-making, the implementation of the right, legal corresponding connections, and other dynamic processes of law is the result of the set of interactions between social actors, integrated into the legal sphere, and in these interactive links, social laws of the existence of the right should be researched. (shrink)

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 discursive explication of three key legal consciousness themes. These themes offer a balanced representation of a dataset problematically ‘skewed’ towards sex-based rights feminist perspectives, namely that ‘before’ legal gender is an anti-decertification account, decertification would be risky for natal females; a ‘with’ legal gender construction is neither for nor against decertification per se, though the impact of decertification is produced in accounts as limited and unimportant; and ‘against’ legal gender is a pro-decertification classification, as not abolished legal gender is constructed as harmful to already marginalised groups. In concluding, we explore the reasoning for the lack of readiness for decertification currently, and return to the value of examining the construction of lay discourse about legal matters as talk is a form of social action. We suggest that applying discursive analysis to themes in legal consciousness studies enables a refocusing on the how rather than purely the what of divergent legal consciousnesses, and that this approach is a fruitful addition to feminist socio-legal studies. (shrink)

PurposeThis paper aims to investigate algorithmic governmentality – as proposed by Antoinette Rouvroy – specifically in relation to law. It seeks to show how algorithmic profiling can be particularly attractive for those in legal practice, given restraints on time and resources. It deviates from Rouvroy in two ways. First, it argues that algorithmic governmentality does not contrast with neoliberal modes of government in that it allows indirect rule through economic calculations. Second, it argues that critique of such systems is (...) possible, especially if the creative nature of law can be harnessed effectively.Design/methodology/approachThis is a conceptual paper, with a theory-based approach, that is intended to explore relevant issues related to algorithmic governmentality as a basis for future empirical research. It builds on governmentality and socio-legal studies, as well as research on algorithmic practices and some documentary analysis of reports and public-facing marketing of relevant technologies.FindingsThis paper provides insights on how algorithmic knowledge is collected, constructed and applied in different situations. It provides examples of how algorithms are currently used and how trends are developing. It demonstrates how such uses can be informed by socio-political and economic rationalities.Research limitations/implicationsFurther empirical research is required to test the theoretical findings.Originality/valueThis paper takes up Rouvroy’s question of whether we are at the end of critique and seeks to identify where such critique can be made possible. It also highlights the importance of acknowledging the role of political rationalities in informing the activity of algorithmic assemblages. (shrink)

Legal institutions are created at a certain point in time, intended to be applied to ‘life’ as it is perceived at the specific moment when they are elaborated and cast into legal form. As a result, legal institutions always already refer, in their original design, to a certain normality, but between the moment of creation of a legal institution and its application to future situations there is always a certain time lag. Some legal institutions—referred to (...) in the paper as “legal survivals” –outlive the epoch in which they were created and continue their legal life long after the conditions which lead to their creation had, in the meantime, disappeared. The aim of this paper is to put forward an archaeologico–genealogical perspective on legal survivals not only as a method of studying continuity of law and the resilience of juridical form, but also as a line of enquiry capable of enriching our understanding of the juridical in its relation to the changing circumstances of life. The study of legal survivals allows to combine three aspects of legal continuity: firstly, the continued use of the same legal forms in different circumstances and for different purposes, whereby the same juridical form is filled with different socio-economic substance; secondly, the gradual adaptation of legal forms to new circumstances; thirdly, the emergence of new legal forms in close reference to old ones. The study of legal survivals allows to address the foundations of law’s claims to authority, based on stability and predictability of juridical forms. It also reveals the complex and multilayered nature of legal form which effectively has the structure of a palimpsest. (shrink)

This book proves to be an excellent guide through the labyrinth of law. Its crucial point is legal order viewed from the perspective of a situated "We". Jurisprudence appears as an implicit sort of thinking, embedded in moral, political, epistemological, and linguistic contexts. Numerous example cases lead us from everyday issues to the abysses of violence. Anyone who practices or studies law will highly profit from reading this book. One sees how law functions by being more than mere (...) law. Bernhard Waldenfels, Ruhr-University Bochum, Germany Legal Thought and Philosophy clarifies background questions in legal research projects, such as the relationship between law and justice, law and politics, law and knowledge, facts and norms, normativity and validity, constituent and constitutional power, and rule and context. It provides advanced students in law and philosophy with an account of legal thinking that combines analytical and phenomenological insights. From a conception of justice as principled political self-restraint, the book explains why there are moral reasons to separate law from morality conceptually and in what sense a legal order is positive--that is, set by authority and bound up with history. The book explores the conditions under which law may become an object of knowledge and theorising, before finally discussing how these features come together in law as rule-following by citizens, officials, judges, and legislators alike. Addressing advanced students in law and philosophy, this key book: bridges separate traditions in legal philosophy (in particular analytical philosophy and phenomenology), develops a view of law as an institution of authority from a conception of justice in the socio-political relationship between we and the others, presents a systematic account of normativity and validity, explains in what sense law is doing things with rules. (shrink)

The authors investigate MacCormick and Weinberger's claim that the Institutional Theory of Law provides a conceptual framework for the study of legal phenomena from a socio-legal point of view. They evaluate this claim by confronting both the Institutional Theory of Law and Weinberger's theory of action with two approaches in socio-legal theory, i.e. the instrumentalist and the constitutive approach. The conclusion is that the Institutional Theory of Law lends itself to empirical research from an instrumentalist (...) perspective, for both place the concept `institution' in the context of law. Weinberger's theory of action may provide a basis for empirical research from a constitutive perspective. The authors make some suggestions for refinement of Weinberger's theory of action in order that the relation between institutions and action can be labeled dynamic. (shrink)

Definitions of death are often referred to as legal fictions since brain death was conceived in the mid-twentieth century. Reference to legal fiction is generally paired with bioethicists’ concern that it facilitates post-mortem tissue donation and the health system generally, by determining death earlier on the continuum of dying and availing more viable tissue and therapeutic resources for others. The author argues that spatio-legal theory, drawing from legal geography, can account for the heterogeneity of effects that (...) the fiction has in spatially managing bodies (e.g., physicians, patient, family) at the bedside. The legal fiction is produced in physicians’ socio-legal practices, coordinating decision-making according to geographies of scarcity and severable, self-contained live- and dead-bodies. The determination liminally exists between private and public, enacting a sterile, affectless ordering of bodies but administered in the spectacle of sovereign death-making, conveying authority whilst managing patient’s and family’s consents. Spatialising traces of anatamo-politics and biopolitics thereby congeal and are enacted heterogeneously in and through the legal form of the fiction, securing preferred constructions of the body in the management of mortality. These spatio-legal features of the legal fiction are described from their collision with case law and literature that document competing nomoi produced from or secreted by antinomian bodies. (shrink)

The article provides a comprehensive analysis of scientific approaches to the formation of legal regulation of relations arising in the development and use of artificial intelligence technologies, their socio-legal status, as well as social, ethical, methodological, and practical legal issues with an emphasis on the fundamentals of natural legal doctrine. The author’s vision of the concept of human interaction and artificial intelligence from the standpoint of legal relations is given. Emphasis is placed on the (...) need to study the problems that arise in this area, within the framework of information law, as a complex branch of law and sociohumanitarian informology—at the level of an interdisciplinary approach. Ways to improve the mechanisms and methods of legal support in the field of artificial intelligence through the development and implementation of technological and legal methods as an innovative tools and effective tools for special technological impact. (shrink)

Democracy as an administrative system is maintained through party representation and election in which everybody is duly represented, and through a constitution which is prepared in the interest of equity, justice and egalitarianism, and through the rule of law which does not permit any form of preferential or partial treatment and judgement. In Nigeria, democracy came into real existence on 29 May 1999. Coincidentally, sharia, which is the theocratic legal system of Islam, was adopted in Zamfara State followed by (...) some other states of the country almost at the same time. This article is aimed at a critical examination of the socio-religious implications of the practice of theocracy in the implementation of the provisions of sharia as state law in the democratic nation, Nigeria. An attempt at interpreting and proffering solutions to the destabilising effects of the adoption of sharia in contradistinction to the legal system provided by the democratic constitution of the country is made. This research adopted a historical approach and was dependent on both primary and secondary sources. The result indicates that the implications of the 'adoption and practice of sharia in some states of Nigeria are manifest in legal duality, religious partiality and social instability.' This article, therefore, recommends for the country a very important aspect of political restructuring, namely, that religion should be separated from politics. (shrink)

Recent trends in academic and professional legal communication worldwide have promoted significant changes to aim at operating successfully under current multilingual and multilegal contexts. The aim is to consider a kind of supranational legal discourse so as to minimize socio-cultural variants and to promote the pragmatic conditions for harmonized and ‘common sense’ legal practices without excluding potential reciprocal influences of or resistance to one hegemonic legal system upon others. In Brazil, the traditional ‘thinking like a (...) civil lawyer’ culture still prevails against a more global approach constraining the consolidation of the country’s role of major player in most global legal areas. In addition, the key tool required for achieving some sort of global legal status—Brazilian legal operators’ proficiency in legal English—has been barely considered in both academic and professional settings, particularly in legal translation. This study resorts to the linguistic anthropology concept of ‘entextualization’ to discuss the process of official translation in Brazil to render global legal genres. The comparative analysis between the original text in English and its official version in English focus on drafting consistency, the translator’s choice of some formal entextualization elements used in the process of translation and his/her authority as the entextualizing agent to legitimate text. (shrink)

The nature of concepts is a subject of study of various disciplines, from philosophy to cognitive sciences, leading to fragmented understandings and conceptual dissociations. Legal concepts have been studied in an interdisciplinary manner across all these disciplines, suffering from similar fragmentation. Recently, the interdisciplinary crossroads between law and cognitive sciences have brought forward the notion of legal concepts as mental representations. However, this approach largely overlooks the systemic, historical, and societal elements essential to comprehending legal concepts. The (...) aim of this paper is to advocate for the Social Representations Theory as a useful framework that bridges cognitive and socio-cultural dimensions of meaning and can provide a holistic approach to understanding legal concepts. This paper unfolds in three sections. The first section contextualizes the social representations approach within the law and language framework, emphasizing the societal influences on thought and meaning. The second section explains the notion of social representations, building upon Serge Moscovici’s definitions and Ivana Marková’s arguments for the necessity of this approach to accommodate the social dimension of meaning. The third and last section underscores the claim that legal concepts are, in essence, social representations, advocating for the usefulness of this approach in legal scholarship, both paradigmatically and methodologically, consequently arguing for an inclusion for a stronger focus on the social dimension of legal meaning. (shrink)

Introduction. Innovationism in various areas of society has changed both the natural and social environment. The change speed in the new infor- mation and communication field is the reason for many questions related to studying the problems of society and the machine, finding out the place of artificial intelligence in social relations. These pro- cesses stimulated the philosophical research, the subject of which was man, modern technologies, scenarios for the development of society, socio- cultural and political-legal forms of (...) its organization. Since the 90s of the twentieth century in the West and later in Russia, a transhumanistic concept has been formed, which connects man, society and technology in a special way. Representatives of transhumanism study the technical develop- ments of human immortality and build models of the perfect man, pursuing as a goal, his deliver- ance from suffering and disease. Transhumanistic perspectives actualize the need for a thorough, constructive and critical assessment of the possible advantages and risks of technological development, and its impact on the political and legal structure. In this regard, the ability to see and isolate the features of this process and subsequent reflection is fundamentally important. The purpose of the article is to consider political and legal transformations in the context of the interaction of modern technologies and soci- ety through the prism of transhumanistic perspec- tives, to identify possible directions of philosophical reflection of political and legal modes of modernity. Methods. To achieve the research goal, general scientific methods of cognition were used: analysis and synthesis, induction, deduction, comparison, abstraction. The article also applied institutional- functional and system-structural approaches, the method of interpretation and content analysis. The analysis of public opinion and special labeling of artificial intelligence was carried out with the help of appealing to network content (social networks, blogs, and forums). Communication channels reproduce messages mentioning modern technolo- gies from the point of view of the philistine world- view based on stereotypes broadcast in society and the influence of popular culture. Content analysis revealed the relevance of the spectrum of labeling, relative to artificial intelligence systems, includ- ing the verbs “create”, “destroy”, “help”, “enslave”. Regarding the sphere of labor, law and politics, the positions differ, from outright alarmism to utopian images of social well-being. Scientific novelty of the study. The article analyzes the prospects of considering the phenom- enon of social transformations, the forms of their representation through political and legal views as exemplified by transhumanism. Results. The author attempts to give a comprehen- sive description of social changes in the field of public administration, legal regulation, legal per- sonality and legal responsibility, social equality of participants in legal relations through the specific refraction of these social phenomena in transhu- manistic ideas. The spectrum of the main problems in the sphere of interests of the transhumanistic worldview is listed. Conclusion. Turning to modernization strategies on the example of transhumanism is a natural and necessary need in the political and legal sphere, in particular. In the course of the analysis, a wide range of problems were identified that actualize the social and axiological and anthropological optics of the research. Diverse forms of transhumanistic political trends act as manifestations of socio-legal reflection on the intensification of innovation- ism, which is capable of radically changing human nature. (shrink)

Originally written in 1990, this reviews largely late 20th century debates on the study of law as Logic, Discourse, or Experience; the Unity of the Legal System and the Problem of Reference; Semiotic Presuppositions of Traditional Jurisprudence (Austin, Hart, Kelsen, Dworkin, Legal Realisms); then turns to legal philosophies explicitly Employing Forms of Semiotics (Kalinowski, the Italian Analytical School, Rhetorical and Pragmatic Approaches, Sociological and Socio-Linguistic Approaches, Peircian Legal Semiotics, Greimasian Legal Semiotics and Aesthetic/Symbolic Approaches). (...) A major section then offers (from a largely Greimasian point of view) some hypotheses for legal semiotics on the Problem of Reference, Semantic and Pragmatic Levels, Semiotic Groups and “The Legal Culture”, Normativity and Justification, and finally considers the implications for particular legal phenomena: the “Legal System”, Legal Institutions, Legal Codes, Legal Rules, Rights, Courtroom Behaviour: Witness and Counsel, The Judge: Justification of Decisions on Law, and the Criminal Justice Process. A conclusion addresses the status of legal semiotics. (shrink)

Current sophisticated technologies in the workplace offer inexpensive and user-friendly devices and the means to control ‘on-the-job’ behaviour. This promises high profitability, productivity and liability alleviation. Yet, it also gives rise to a socio-ethical crisis of incessant surveillance that often overrules its anticipated benefits and motives of control and care. The dilemma is twofold: First, scholarly studies undertaken on this issue from a principally administrative and legal point of view tend to lack a moral framework and so (...) prove unable to offer an integral understanding. Second, a majority of scholars tend to focus exclusively on individual rights, such as privacy, even at the risk of overlooking its social impact and consequences. This paper thus aims to unravel these forgotten moral and social concerns. It analyses the surveillance frameworks and the arguments for and against it; scrutinises critically the technological devices most often implemented in the workplace; examines both its individual effects (privacy) and social effects (categorising); and proposes an ethics of workplace surveillance in a framework of trust and transparency. It argues, in all these ways, for an alteration or modification of traditional organisational behaviour within a new frame of reference, situated within and going beyond questions of moral duty, principles and legal compliance. (shrink)

Nietzsche and Legal Theory is an anthology designed to provide legal and socio-legal scholars with a sense of the very wide range of projects and questions in whose pursuit Nietzsche's work can be useful. From medical ethics to criminology, from the systemic anti-Semitism of legal codes arising in Christian cultures, to the details of intellectual property debates about regulating the use of culturally significant objects, the contributors (from the fields of law, philosophy, criminology, cultural (...) class='Hi'>studies, and literary studies) demonstrate and enact the sort of creativity that Nietzsche associated with the "free-spirits" to whom he addressed some of his most significant work. (shrink)

Within science technology and society studies the focus has long been on descriptive microanalyses. Several authors have raised the issue of the normative implications of the findings of research into socio-technical devices and infrastructures, while some claim that material artifacts have moral significance or should even be regarded as moral actors. In this contribution the normative impact of technologies is investigated and compared with the normative impact of legal norms, arguing that a generic concept of normativity is (...) needed that does not depend on the intention of whoever designed either a law or a technology. Furthermore this contribution develops the idea that modern law, which has been mediated by the technologies of the script and the printing press, may need to rearticulate its basic tenets into emerging technologies in order to sustain what has been called the paradox of the 'Rechtsstaat'. (shrink)

Against the assumption that legal and normative systems are coextensive with geopolitical units and national spaces, the article advocates for the need to study how different legal and normative semiospheres, within the same geopolitical unit and national space, often give rise to ‘normolects’ that are transversal to socio-economic classes, ethnicities, and cultural lifestyles. The concept of legal and normative ‘imaginaries’ is useful to come to terms with the legal and normative semiotic ideology of such normolects, (...) including their non-verbal dimension and legal-normative semiotic ideologies. More generally, the article prompts legal scholars, and particularly semioticians of law, not to focus exclusively on inter-cultural awareness in legal-normative language but to concentrate also on intra-cultural awareness. As a case study, the article analyses a drawing through which the former Italian Prime Minister Silvio Berlusconi visualized and advertised for a bill of reform of the Italian judicial system by his Minister of Justice, Angelino Alfano. The semiotic analysis of this visual artifact casts new light on the controversial political and judicial figure of Mr Berlusconi. The drawing is read as a visual embodiment of the conflict between two different legal and normative ideologies within the present-day Italian political and judicial arena. The paradoxes that underpin this iconography of law and mar a rational confrontation of legal-normative arguments in contemporary Italy are uncovered. (shrink)

Introduction. The development of legal culture and a culture of human rights in the modern world through media technologies, is acquiring special significance in connection with the processes of globalization and the spread of media in recent decades. The purpose of the article is to study the prospects for the use of media education in the formation of the legal social culture and a culture of human rights. Materials and methods. Based on a study of domestic and foreign (...) sources, issues of media education, media literacy, spiritual and moral education, the legal culture of society, the phenomenon of post-truth and ways of forming critical, creative thinking are considered. The use of general scientific, philosophical, and socio-pedagogical methods has made it possible to study media education as a dialogue of learning, stimulating the development of rational, critical thinking, focused on the search for the value foundations of intellectual and social activity. Results. The development of the field of information and communication technologies determines the principles for the formation of the content and orientation of modern education. Media education is interlinked with the development of democracy and human rights. It influences the formation of a culture of citizen participation, their active social position, civic and political culture. Media education plays a significant role in shaping the legal culture of society since critical media research and information research focuses on the analysis of power structures and structures of dominance in the media. A study of the interpretations of the concepts of "media education" and "media literacy" made it possible to show that media education focuses a person on a critical approach to media content. One of the main issues of media education is teaching a person the skills to critically study media and media technologies, which involves addressing the technological, cultural and historical specifics of specific media used at a specific time and place. Information and communication technologies have changed the way of life, work, communication, and ways of selfpresentation, the formation of values, participation in socially significant events. Therefore, a critical approach to mass media should be based on knowledge of socio-philosophical theories, ethics and research in the field of mass media. Discussion. Mass media are constructing a history of human rights, which updates the topic of the media policy of human rights, combining socio-legal, cultural and media theories. Education in the field of acquiring information perception skills, the ability to correctly understand the importance of audiovisual images, to competently handle and navigate information flows are necessary for the life of a modern person in society. (shrink)

This paper aims to introduce, in the context of Latin America, the theoretical epistemic discussion regarding the theme of the ‘common’ as a political principle which substantiates instituting and autonomous processes of government, control and community regulation. The work seeks to relate a democratic scenario of the ‘common’ with the discourses of pluralist and decolonial normativity, in a way that would guarantee not only horizontal communal self-management, but also a legitimate ordering of forms of life, founded on common interest, social (...) relations and interconnected structures. For this purpose the instrument of critical-socio-legal analysis is applied at the intersections with the ‘participative-communitary’ type of legal pluralism. Our proposal is to combine the contemporary meaning of the ‘common’, its relation to the Latin American principles of ‘buen vivir’ (living well) and ‘interculturalidade’ (interculturality), as well as the instituting practice of the ‘common’, that engenders a normativity built ‘from below’, which is in opposition to the traditional positivist and state legal system imposed through colonization in Latin America. Such achievements that, although formalized, are not being successful against institutional ruptures, have ‘cloistered’ the practices of the ‘common’ and made the existence of legal pluralism invisible. (shrink)

Scholars in the "Critical Legal Studies" movement have challenged some of the most cherished ideals of modern Western legal and political thought. CLS thinkers claim that the rule of law is a myth and that its defense by liberal thinkers is riddled with inconsistencies. This first book-length liberal reply to CLS systematically examines the philosophical underpinnings of the CLS movement and exposes the deficiencies in the major lines of CLS argument against liberalism.

This paper edits and studies four Arabic legal documents, written on two papyri, now housed in the Beinecke Rare Book and Manuscript Library at Yale University. The documents belong to a certain ʿAmmār b. Salama b. ʿAbd al-Wārith, a merchant from al-Bahnasā. Document 1 (P.CTYBR inv. 1720 verso) records a contract of sale of two inherited portions belonging to a Copt with double names, a Christian and a Muslim one. The contract touches on two significant socio-religious subjects: (...) 1. name change after religious conversion, and 2. the loss of paternal filiation (nasab) of children born outside wedlock or in wedlock but their paternity was disavowed via the Islamic procedure of liʿān “oath of condemnation” or upon evidence of certain circumstances that prove impossibility of paternity. Documents 2.1, 2.2, and 2.3 (P.CTYBR inv. 1715 recto and verso) contains three debt acknowledgements recording payments in coin and in kind. All documents date to the year 297/909–910. (shrink)

Law has been a close partner to sociology from its very beginning, and the partnership often has proven to be extremely prolific for sociology. Grand theories as well as vital conceptual tools can be counted among its offspring. Both disciplines share the common ground of socio-legal studies, which has developed into a nearly independent interdisciplinary enterprise where legal scholars and sociologists happily meander between the normative and the analytical. From the vast array of topics in the (...) field of socio-legal studies I select the sociology of criminal justice and punishment in order to demonstrate the characteristics of this relationship. The partnership between sociology and law emerged as part of the modernization project in the 19th and 20th centuries, and the sociology of punishment was part of this endeavour. Rooted in a strong tradition of old (Durkheim) and new (Elias, Foucault) classics, recent developments in this field are leaving the idea of an `unproblematically modern punishment' (Whitman, 2005a) behind, and new fields of inquiry for comparative lawyers and sociologists are opening up. (shrink)

The primary aim of this article is to present the rule of law universalism as a relevant theoretical and socio-political issue that critical legal thought needs to contend with. In order to do so, this issue is described through a Marxist theoretical framework, which aids in identifying the consequences of this universalism. Furthermore, the Marxist theoretical framework is suggested as a countermeasure that allows for going beyond it. The rule of law universalism is analysed as a process connected (...) to establishing hegemony and status quo that affects both the way the law is thought of and practiced. The post-communist context serves in fleshing out some of these consequences. Although the transition is not the main subject of inquiry, it is a starting point to a set of philosophical questions directed towards the rule of law universalism, mainly regarding historical embeddedness and socio-political dependency of the rule of law. The transitional context illustrates the tension between the rule of law treated as a generalized blueprint and the reality it is introduced to. The method of approach to this tension argued for in this paper is Marxian theorization of concept as an interplay between concrete and abstract that underlies historical materialism. This movement within concept is juxtaposed to the universalism. The philosophical investigations are followed by findings from Marxist legal theory that pinpoint the importance of concrete interventions into the legal theory that abate its ever-growing abstractness. In particular, the import of knowledges and practices divorced from the capitalist system is brought into focus. The paper concludes with a brief assessment of the possibility of overturning the rule of law universalism and a discussion on the emancipatory potential of law. (shrink)

The chapter argues for a more nuanced and empirically based understanding of the discourse on law and socio-cultural norms in Old Icelandic literature on the grounds of a narratological reading of ‘Færeyinga saga’ as a case study. It has often been claimed that Icelandic sources express an ideal of freedom based on communality as guaranteed by the law. By contrast, ‘Færeyinga saga’ represents a cynical discourse on power politics that renders law as an invariable concept obsolete and works solely (...) on the principle that ‘might is right’. This cynicism, however, is presented in a form that leaves the narrative open to interpretation, showing that regardless of its possible dating, narrative literature can serve as a starting point for social discussion. Consequently, the discourse on law in medieval Iceland must be perceived as more polyphonic than has been allowed for by previous unifying readings in scholarship. (shrink)

This article aims to define natural human rights in the context of forming postmodern views on an individual today. Natural rights exist, regardless of whether they are enshrined somewhere or not: they are clear from the natural context and essence of human activity. The postmodern world is experiencing a crisis of fatigue from life, fatigue of culture, which for the global world has become a political and economic crisis of ineffectiveness of the policy of multi-culturalism and poly-culturalism and the growing (...) dangers and threats associated with it. Therefore, it is crucial to find out how natural human rights are realized in postmodern society. Importantly, the article analyzes the basic theoretical and methodical principles of creating the postmodern environment and its impact on people. It also defines the main concepts and categories of human rights in the context of evolution of postmodern society. To study the socio-cultural impact on personality development in the postmodern era, the article explores how legal culture is formed in the course of civilizational-evolutionary development of society. Research methods are as follows: analytical methods, descriptive and explanatory methods, synthesis and analysis. The obtained results prove that natural human rights manifest the evolution of cultural progress and prospects for further analysis of their socio-cultural effects on the development of postmodern society. (shrink)

In this paper, we examine the ethico-legal issue of P2P file sharing and copyright infringement in two different countries - Japan and Sweden - to explore the differences in attitude and behaviour towards file sharing from a socio-cultural perspective. We adopt a comparative case study approach focusing on one Japanese case, the Winny case, and a Swedish case, the Pirate Bay case. Whereas similarities in attitudes and behaviour towards file sharing using P2P software between the two countries are (...) found in this study, the Swedish debate on file sharing has been coloured by an ideological and political dimension, which is absent in the Japanese context. This might indicate that Swedes have been more interested in issues of right and wrong, and the creation of political subject of piracy, while the Japanese are more interested in their own individual well being. (shrink)