New Legal Realism and the Ethnography of Transnational Law

The new legal realism builds on the strengths of the legal realism of the early twentieth century, viewing law as a set of social processes embedded in historical and political contexts. As it addresses sociolegal phenomena of the early twenty-first century, however, the new legal realism is more attentive to the effects of transnationalism, legal culture, and legal consciousness, and the way ideas and norms travel and are adopted around the world. Asking questions of this kind requires new, more multi-sited or deterritorialized methods of scholarship. This article explores these new perspectives and their methodologies through an examination of the use of human rights in the international movement against violence against women.     

Narrating Domestic Violence: Producing the "Truth' of Violence in 19th' and 20th-century Hawaiian Courts

Stories told by and about men who batter women in the courts of Hawai in the mid-19th century and in the late 20th century are strikingly similar. Courts, then as now, accept some justifications for battering and reject others, in the process constructing the boundary between legitimate and illegitimate violence. Throughout this period, the legal system claimed to focus only on the violent act itself, not the emotional or personal violation. The law interprets the violence as brute fact, knowable without regard to the social relationship or system of cultural meanings within which it occurs. There are persistent contradictions between the law's construction of domestic violence as an unambiguous physical act and litigants' and judges' views that these violent acts are moments within the social dynamics of gendered power relations. At the same time, there are recurrent tensions between the efforts of the legal system to portray violent acts against women in terms of rational categories of action and, in contrast, the experience of violence and the meanings within which it occurs that are often opaque to such sense-making, defiant of a simple means-ends calculus.     

The influence of fit perceptions, equal opportunity policies, and social support network on pre-entry police officer career commitment and intentions to remain

This longitudinal field study examined the influence of (1) perceived person-job and person-organization fit, (2) social support network, and, (3) equal employment opportunity (EEO) policy on pre-entry career commitment and intentions to remain in the profession. In addition, the study explored whether gender moderated the relationship between equal employment opportunity policy and pre-entry career commitment and intentions to remain in the profession. The sample consisted of 116 Australian police force applicants who completed a questionnaire prior to formal selection procedures (Time 1) and on completion of the selection procedure (Time 2). Hierarchical regression analyses showed that perceived fit perceptions and EEO policy were significant predictors of pre-entry career commitment and intentions to remain in the profession; social support network was a significant predictor of the latter, but not the former variable. Analyses showed that gender was not a moderator variable. The practical and future research implications of the results are discussed.     

Proposed EU accession to the Hague Agreement on international registration of designs

The European Commission proposes to link the Community designsystem, which protects designs within the EU, with the internationaldesign registration system of the World Intellectual PropertyOrganisation (WIPO).     

Fragmenting Fatherhood: The Regulation of Reproductive Technologies

Reproductive technologies offer the potential to break down parenthood into a number of constituent parts. These disruptive possibilities mean that the regulation of reproductive technologies holds important potential for study, providing a significant resource that has been little analysed with regard to fatherhood. This study attempts to remedy that lacuna through consideration of a range of recent developments in this area of English law. It reaches two general conclusions. First, while the law regulating reproductive technologies attributes great importance to fatherhood, this is rooted primarily (though not exclusively) in concerns for the symbolic importance of fathers, rather than in more practical considerations such as ensuring financial provision or a second hands-on carer for a child. Secondly, the Human Fertilisation and Embryology Act (1990) contains a clear attempt to protect and entrench the role of the father as completing the nuclear family. However, recent developments suggest that this legal preference for the nuclear family is subject to clear emerging cracks.     

Correction to: Review of Rebecca W. Y Wong,The Illegal Wildlife Trade in China; Understanding the Distribution Networks

Asian Journal of Criminology - A Correction to this paper has been published: https://doi.org/10.1007/s11417-020-09337-w     

Neutralising Punitive Asylum Seeker Policies: An Analysis of Australian News Media During the 2013 Federal Election Campaign

ABSTRACT

For almost two decades, negative portrayals of asylum seekers arriving in Australia by boat have been dominant within political and media discourses. In particular, asylum seekers have been portrayed as a “dangerous other”—as an illegal group that the public ought to fear and from which they require protection—rather than as a vulnerable group who require protection themselves. This article examines some of the ways in which these discourses make possible public support for punitive policies relating to the treatment of asylum seekers (particularly boat arrivals)—policies that violate many of the human rights instruments to which Australia is a signatory. Specifically, this paper uses Sykes and Matza’s (1957) work on “Techniques of Neutralisation”, which considers the way in which those who knowingly commit illegal, immoral, or harmful acts neutralise their behaviour and disavow its harmful effects, to analyse these dynamics. In particular, it focuses on the political and media discourses regarding asylum seeking produced during the 2013 Australian federal election campaign. The paper argues that these theoretical tools can be effectively applied to this case study and provide some insight into the ongoing punitive treatment of asylum seekers in Australia.     

Can Policy to Address Some Disability Rights Mitigate Weak Approaches to Others?

Governments prioritize some rights over others because of policy constraints. We ask whether differential disability policy priorities can readdress other unrealized rights when applied to services for people with disabilities in boarding houses in Australia. The housing is inappropriate to their support needs and breaches their immediate right to unsegregated housing. Findings about the government-funded support showed that their well-being improved, but the housing increased their support needs and reduced their eligibility for suitable housing, implying that support policies that prioritize progressive realization rights are not successful where immediate realization rights to housing remain unaddressed. These findings about the negative social outcomes from ignoring human rights hierarchies have implications for policy priorities.