What's Law Got To Do With it? How and Why Law Matters in the Regulation of Sex Work

Drawing on recent empirical work that considers the relationship between different legal approaches to the 'problem' of prostitution, this article argues that the frequently drawn distinction between apparently diametrically opposed positions, such as prohibitionism and legalization, is certainly less significant than is often assumed and may, in fact, be illusory. This lack of distinction raises serious questions as to law's role in regulating sex work. In response to claims that law is 'merely' symbolic in its influence, I argue that these similarities arise precisely because law does matter (albeit in a different way from that assumed by a sovereign-centred understanding of the legal complex), and offer a complex and critical account of the role of modern law in regulating sex work. This approach not only more accurately elucidates the ways in which law supports dominant structures, in this case neo-liberalism, but offers some optimism for its (albeit limited) potential to transform.     

Whither the Law and the Law Books? From Prescription to Possibility

This article is a contribution to the occasional series dealing with major books that have influenced the authors. Previous contributors include Stewart Macaulay, John Griffith, William Twining, Carol Harlow, Geoffrey Bindman, Harry Arthurs, André‐Jean Arnaud, Alan Hunt, Michael Adler, Lawrence O. Gostin, and John P. Heinz     

Inventing and patenting activities of scientists: in the expectation of money or reputation?

We propose that scientists use patents/invention disclosures as signals to gain reputation than financial benefits. Based on a newly created dataset on the commercial activities among 2,500 scientists affiliated with 67 institutes of the German Max Planck Society, we explore the relation between the expectations of scientists concerning the outcomes of commercial activities and the likelihood of their patenting and disclosure behaviors. We find that expectation of gaining financial benefits are not related with the patenting activities of scientists without industrial cooperation. Instead, their expectation to gain/increase reputation through commercial activities is correlated with their patenting and disclosures activities. This may in turn also increase the possibility to gain academic promotion, financial benefits through industrial collaboration etc., rather than the immediate personal financial gains.     

Marriage and Divorce in the Supreme Court and the Law Commission: for Love or Money?

The case note considers the impact of the Supreme Court decision in Radmacher v Granatino regarding pre‐nuptial and other classes of nuptial agreement, together with recent proposals of the Law Commission for reform of the law relating to marital property agreements generally. It explores in particular the question of what, if any, core obligations of marriage cannot – or should not – be excludable by agreement.     

Can Law Account for the Past? Law and the Road from Oblivion to Memory

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -     

What’s Inside and Outside the Law?

In this article I take up a conceptual question: What is the distinction between ‘the law’ and the behavior the law regulates, or, as I formulate it, the distinction between what is ‘inside’ the law and what is ‘outside’ it? That conceptual question is in play in (at least) three different doctrinal domains: the constitutional law doctrines regarding the limits on the delegation of legislative powers; the criminal law doctrines regarding mistakes of law; and the constitutional rights doctrines that turn on the distinction between state action and the acts of non-state actors. I argue that legal doctrines should turn solely on normative considerations and should not turn on answers to conceptual questions. However, the doctrines I discuss appear to turn on the conceptual question regarding what is ‘inside’ and ‘outside’ the law. I show how each of these doctrinal areas appears to raise this conceptual issue, and I explain how the doctrines might or might not escape being held hostage to conceptual controversy.     

Law by human intent or evolution? Some remarks on the Austrian school of economics’ role in the development of law and economics

In the late nineteenth century, economic analysis of law experienced an outright rejection by the German-speaking legal community. In the second half of the twentieth century, it became a dominant approach in American legal inquiry. We argue that this success was partly due to the insights of Austrian economics which the second wave of law and economics has incorporated. We argue that Austrian legal and economic scholars marked the two cornerstones between which the subsequent discussion oscillated: social planning versus evolution (spontaneous order).     

Juridification: Disrupting the Relationship between Law and Politics?

The article addresses some possible implications of juridification in the society. The concept of juridification is unclear, and the empirical knowledge of the social implications of various processes of juridification is weak. We argue that clear‐cut conclusions about the implications of such processes cannot be drawn. To address questions of implications of juridification processes, we focus on the relationship between law and politics. An analytical framework for the analysis of juridification processes is introduced to manage the vast implications of these processes. The discussion indicates complexity and contradictory outcomes of juridification processes. We conclude that to understand the vast complexity of the different kinds of juridification processes, we need more empirical studies from a range of academic fields, including law, economics and political sciences, and that researchers in these fields need to take a step back to get a more satisfactory analytical point of departure for such studies.     

Second‐hand Emotion? Exploring the Contagion and Impact of Trauma and Distress in the Asylum Law Context

Applicants' accounts of experiences of fear, trauma, violence, and persecution are central to the process of claiming asylum. These narratives are, at a human level, primed to provoke emotional responses, not only in the narrator but also in those to whom the account is relayed. In this article, we explore the vectors of emotionality that permeate asylum decision‐making in the United Kingdom, focusing particularly on the risk faced by the professionals involved of suffering vicarious trauma. More specifically, based on a series of 104 semi‐structured interviews with asylum stakeholders and observation of 48 appeals to the Immigration and Asylum Chamber of the First‐tier Tribunal, this article identifies the adoption by legal and quasi‐legal professionals of emotional coping strategies – of detachment and denial of responsibility – that risk being deployed in maladaptive ways that jeopardize the prospects for justice.     

Considering advances in neuroscience through the lenses of law and human?rights

Advances in neuroscience should be subject to a robust public dialogue that includes attention to the legal and human rights issues raised by both research and its applications.