Suchergebnisse

AbstractRefugees have been largely overlooked in analyses of Myanmar's transition, apparently considered peripheral to more prominent topics such as negotiation with armed groups, economic reform, and political elections. By analysing approaches to return and repatriation in three distinct contexts—refugees in camps in Thailand, Rohingya refugees in Bangladesh, and Chin refugees in Malaysia and India—this article shows that proposals for the return and repatriation of refugees are a form of 'border governance' (that is, governance in, of, and through borders). This operates at three scales: (1) global border control by keeping refugees in their region of origin or returning them to their country of origin, (2) national border control by reinforcing boundaries between Myanmar and its surrounding states, and (3) the governance of political transition by reinforcing the Myanmar government's narrative of peacebuilding by recasting continuing conflict as conditions suitable for refugee return. Premature promotion of repatriation has a number of harmful outcomes for refugee communities: encouraging the withdrawal of international aid, escalating fear and uncertainty, and political bolstering of a Bamar-dominated government and military vis-a-vis ethnic minority groups. This analysis supports a broader understanding of repatriation and its consequences, recognising that the promotion of refugee return can have significant political implications that are apparent even before mass returns have been carried out and which may reverberate far into the future.

This article examines refugee-led community organizations among Chin refugees from Myanmar in Kuala Lumpur. It uses a structuration analysis that recognizes refugee-led organizations as complex governance entities engaged in a dynamic relationship with (among others) national policies of securitization of forced migration and international humanitarian governance. This approach expands the existing literature on the securitization of forced migration by exploring refugees' lived experiences in a context of south–south migration. It expands the literature on community-based protection by going beyond recognizing the existence of refugee-led organizations to analyse their construction, constitution and consequences. Three primary areas of work by Chin refugee groups are analysed in relation to their immediate activity and longer term effects: organization ('building ethnic unity in adversity'), documentation ('asserting a bureaucratic identity') and socialization ('learning to be illegal'). These long-term effects indicate the possible impact of local protection activities on macrostructural processes such as identity construction and migration choices.

This article explores the construction of victimhood in transitional societies. Drawn from fieldwork in a dozen jurisdictions as well as elements of criminological, feminist, sociological, philosophical and postcolonial literature, the article focuses in particular on how victimhood is interpreted and acted upon in transitional contexts. It explores the ways in which victims' voice and agency are realised, impeded or in some cases co-opted in transitional justice. It also examines the role of blame in the construction of victimhood. In particular, it focuses upon the ways in which the importance of blame may render victimhood contingent upon 'blamelessness', encourage hierarchies between deserving and undeserving victims and require the reification of blameworthy perpetrators. The article concludes by suggesting that the increased voice and agency associated with the deployment of rights discourses by victims comes at a price – a willingness to acknowledge the rights and humanity of the 'other' and to be subject to the same respectful critical inquiry as other social and political actors in a post-conflict society.

Socio-legal theory and methods : introduction / Naomi Creutzfeldt, Marc Mason, Kirsten McConnachie -- Traditions of studying the social and the legal : building interdisciplinary bridges / Naomi Creutzfeldt -- Uses and abuses of socio-legal methods / Carrie Menkel-Meadow -- The why and how to of conducting a socio-legal research project / Lisa Webley -- Writing beyond distinctions / Andreas Philioppopoulous-Mihalopoulus -- Doing critical socio-legal studies / Margaret Davies -- "Indefensible and irresponsible" : interdisciplinarity, truth and #reviewer2 / Dave Cowan and Emilie Cloatre -- Ethical awareness and socio-legal research in the UK / Victoria Brooks -- On objectivity and staying "native" : researching LGBTQI+ lawyers as a queer lawyer / Marc Mason -- Impact, policy and public engagement / Kath Murray -- Law and sociology / Sharyn Roach Anleu & Kathy Mack -- Social psychology and law / Rebecca Hollander-Blumoff -- A socio-legal approach to law and economics / Richard Craven -- Law and anthropology / Kirsten McConnachie -- Doing "law in/and development" : theoretical, methodological and ethical reflections / Jenny Lander -- Qualitative data and the challenges of interpretation in transitional justice research / Briony Jones -- Reading law spatially / Antonia Layard -- Legal concepts in flux : the social construction of legal meaning / Maayan Ravid & Alice Schneider -- Feminist approaches to socio-legal studies / Rosemary Hunter -- Intersectionality as theory and method : human rights' policy and adjudication / Charlotte Skeet -- Encountering the archive : researching race, racialisation and the death penalty in England and Wales, 1900-65 / Lizzie Seal and Alexa Neale -- Law, the environment and narrative storytelling / Angus Nurse -- Legal aesthetics as visual method / Thomas Giddens -- A content analysis of judicial decision-making / Richard Kirkham and Elizabeth A. O'Loughlin -- Intellectual property, biotechnology and process tracing : applying political research methods to legal study / Benjamin Farrand -- Experiments in criminal justice contexts / Ben Bradford and Julia Jesberg -- Legal epidemiology, evidence-informed law and administrative data : new frontiers in the study of family justice / Matthew Jay -- Online hate speech / Nicole Stremlau, Iginio Gagliardone.

Socio-legal theory and methods : introduction / Naomi Creutzfeldt, Marc Mason, Kirsten McConnachie -- Traditions of studying the social and the legal : building interdisciplinary bridges / Naomi Creutzfeldt -- Uses and abuses of socio-legal methods / Carrie Menkel-Meadow -- The why and how to of conducting a socio-legal research project / Lisa Webley -- Writing beyond distinctions / Andreas Philioppopoulous-Mihalopoulus -- Doing critical socio-legal studies / Margaret Davies -- "Indefensible and irresponsible" : interdisciplinarity, truth and #reviewer2 / Dave Cowan and Emilie Cloatre -- Ethical awareness and socio-legal research in the UK / Victoria Brooks -- On objectivity and staying "native" : researching LGBTQI+ lawyers as a queer lawyer / Marc Mason -- Impact, policy and public engagement / Kath Murray -- Law and sociology / Sharyn Roach Anleu & Kathy Mack -- Social psychology and law / Rebecca Hollander-Blumoff -- A socio-legal approach to law and economics / Richard Craven -- Law and anthropology / Kirsten McConnachie -- Doing "law in/and development" : theoretical, methodological and ethical reflections / Jenny Lander -- Qualitative data and the challenges of interpretation in transitional justice research / Briony Jones -- Reading law spatially / Antonia Layard -- Legal concepts in flux : the social construction of legal meaning / Maayan Ravid & Alice Schneider -- Feminist approaches to socio-legal studies / Rosemary Hunter -- Intersectionality as theory and method : human rights' policy and adjudication / Charlotte Skeet -- Encountering the archive : researching race, racialisation and the death penalty in England and Wales, 1900-65 / Lizzie Seal and Alexa Neale -- Law, the environment and narrative storytelling / Angus Nurse -- Legal aesthetics as visual method / Thomas Giddens -- A content analysis of judicial decision-making / Richard Kirkham and Elizabeth A. O'Loughlin -- Intellectual property, biotechnology and process tracing : applying political research methods to legal study / Benjamin Farrand -- Experiments in criminal justice contexts / Ben Bradford and Julia Jesberg -- Legal epidemiology, evidence-informed law and administrative data : new frontiers in the study of family justice / Matthew Jay -- Online hate speech / Nicole Stremlau, Iginio Gagliardone.

Drawing on a range of approaches from the social sciences and humanities, this handbook explores theoretical and empirical perspectives that address the articulation of law in society, and the social character of the rule of law.

The vast field of socio-legal studies provides multiple lenses through which law can be considered. Rather than seeking to define the field of socio-legal studies, this book takes up the experiences of researchers within the field. First-hand accounts of socio-legal research projects allow the reader to engage with diverse theoretical and methodological approaches within this fluid interdisciplinary area. The book provides a rich resource for those interested in deepening their understanding of the variety of theories and methods available when law is studied in its broadest social context, as well as setting those within the history of the socio-legal movement. The chapters consider multiple disciplinary lenses – including feminism, anthropology and sociology – as well as a variety of methodologies, including: narrative, visual and spatial, psychological, economic and epidemiological approaches. Moreover, these are applied in a range of substantive contexts such as online hate speech, environmental law, biotechnology, research in post-conflict situations, race and LGBT+ lawyers.

The handbook brings together younger contributors and some of the best-known names in the socio-legal field. It offers a fresh perspective on the past, present and future of sociolegal studies that will appeal to students and scholars with relevant interests in a range of subjects, including law, sociology and politics.

Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- List of contributors -- PART I: Approaching socio-legal studies -- 1. Socio-legal theory and methods: introduction -- The organisation of the handbook -- 2. Traditions of studying the social and the legal: a short introduction to the institutional and intellectual development of socio-legal studies -- Introduction -- Institutions of law and society -- Individual paths in law and society/socio-legal studies -- Conclusion -- References -- 3. Uses and abuses of socio-legal studies -- Introduction: origin stories-the field's and mine -- "Good" uses of socio-legal studies: verifiable patterns of socio-legal behavior-ideas, empirics and policy -- "Misuses" (or lack of use) of socio-legal studies -- Implications: the limits of disciplinary thinking and acall for rigorous multidisciplinariety -- References -- Cases Cited -- 4. The why and how to of conducting a socio-legal empirical research project -- Introduction -- Why socio-legal? -- An approach to the staging of socio-legal research projects: the how -- Issues of wider relevance -- Conclusion -- Further reading -- References -- 5. Writing beyond distinctions -- How to write beyond distinctions -- Have we ever not been critical? -- What is the context of the law? -- Why do we all fail? -- Why must legal essays be disappointing? -- The essay as body? -- How many am I? -- What comes first, the idea or the writing? -- The responsibility of writing beyond distinctions -- What was the final distinction again? -- Further reading -- References -- 6. Doing critical-socio-legal theory -- Introduction -- Theory and critical-socio-legal theory -- Doing theory and unlimiting law -- Conclusion -- Further reading -- References -- 7. 'Indefensible and irresponsible': interdisciplinarity, truth and #reviewer2.

Socio-legal theory and methods : introduction / Naomi Creutzfeldt, Marc Mason, Kirsten McConnachie -- Traditions of studying the social and the legal : building interdisciplinary bridges / Naomi Creutzfeldt -- Uses and abuses of socio-legal methods / Carrie Menkel-Meadow -- The why and how to of conducting a socio-legal research project / Lisa Webley -- Writing beyond distinctions / Andreas Philioppopoulous-Mihalopoulus -- Doing critical socio-legal studies / Margaret Davies -- "Indefensible and irresponsible" : interdisciplinarity, truth and #reviewer2 / Dave Cowan and Emilie Cloatre -- Ethical awareness and socio-legal research in the UK / Victoria Brooks -- On objectivity and staying "native" : researching LGBTQI+ lawyers as a queer lawyer / Marc Mason -- Impact, policy and public engagement / Kath Murray -- Law and sociology / Sharyn Roach Anleu & Kathy Mack -- Social psychology and law / Rebecca Hollander-Blumoff -- A socio-legal approach to law and economics / Richard Craven -- Law and anthropology / Kirsten McConnachie -- Doing "law in/and development" : theoretical, methodological and ethical reflections / Jenny Lander -- Qualitative data and the challenges of interpretation in transitional justice research / Briony Jones -- Reading law spatially / Antonia Layard -- Legal concepts in flux : the social construction of legal meaning / Maayan Ravid & Alice Schneider -- Feminist approaches to socio-legal studies / Rosemary Hunter -- Intersectionality as theory and method : human rights' policy and adjudication / Charlotte Skeet -- Encountering the archive : researching race, racialisation and the death penalty in England and Wales, 1900-65 / Lizzie Seal and Alexa Neale -- Law, the environment and narrative storytelling / Angus Nurse -- Legal aesthetics as visual method / Thomas Giddens -- A content analysis of judicial decision-making / Richard Kirkham and Elizabeth A. O'Loughlin -- Intellectual property, biotechnology and process tracing : applying political research methods to legal study / Benjamin Farrand -- Experiments in criminal justice contexts / Ben Bradford and Julia Jesberg -- Legal epidemiology, evidence-informed law and administrative data : new frontiers in the study of family justice / Matthew Jay -- Online hate speech / Nicole Stremlau, Iginio Gagliardone.

The article is dedicated to deforestation in Tasmania and some parts of Indonesia as a kind of transnational organized crime due to illegal activities indulged by various governments. The term "environmental crime" entitles illegal trade and endangering species, unregulated fishing and whaling, illegal disposal of hazardous waste that is a crucial factor in worsening the environment around the world. The illegal logging is attempted to be regulated, yet it is not a guaranteed sign of sustainability. The author distinguishes four primary operational roles that the global society tends to adopt or undertake: norm-setting, transmitting information, social action, and policing and enforcing norms, and concludes that the problem of deforestation still exists and is ill defined and contested. L. Babiasz