Open Access Publisher and Free Library
10-social sciences.jpg

SOCIAL SCIENCES

EXCLUSION-SUICIDE-HATE-DIVERSITY-EXTREMISM-SOCIOLOGY-PSYCHOLOGY-INCLUSION-EQUITY-CULTURE

Posts tagged law
Structural Injustice and the Law

Edited by Virginia Mantouvalou and Jonathan Wolff

In developing her conception of structural injustice, Iris Marion Young made a strict distinction between large-scale collective injustice that results from the normal functions of a society, and the more familiar concepts of individual wrong and deliberate state repression. Her ideas have attracted considerable attention in political philosophy, but legal theorists have been slower to consider the relation between structural injustice and legal analysis. While some forms of vulnerability to structural injustice can be the unintended consequences of legal rules, the law also has potential instruments to alleviate some forms of structural injustice. Structural Injustice and the Law presents theoretical approaches and concrete examples to show how the concept of structural injustice can aid legal analysis, and how legal reform can, in practice, reduce or even eliminate some forms of structural injustice. A group of outstanding law and political philosophy scholars discuss a comprehensive range of interdisciplinary topics, including the notion of domination, equality and human rights law, legal status, sweatshop labour, labour law, criminal justice, domestic homicide reviews, begging, homelessness, regulatory public bodies and the films of Ken Loach. Drawn together, they build an invaluable resource for legal theorists exploring how to make use of the concept of structural injustice, and for political philosophers looking for a nuanced account of the law’s role both in creating and mitigating structural injustice.

London: UCL Press, 2024. 334p.

Name, Shame and Blame

By Christine Stewart.

Criminalising Consensual Sex in Papua New Guinea by Christine Stewart. Papua New Guinea is one of the many former British Commonwealth colonies which maintain the criminalisation of the sexual activities of two groups, despite the fact that the sex takes place between consenting adults in private: sellers of sex and males who have sex with males. The English common law system was imposed on the colonies with little regard for the social regulation and belief systems of the colonised, and in most instances, was retained and developed post-Independence, regardless of the infringements of human rights involved.

CANBERRA. ANU Press (2014) 334 pages.

Selling Sex in the City: A Global History of Prostitution, 1600s-2000s

Edited by Magaly Rodríguez García, Lex Heerma van Voss, and Elise van Nederveen Meerkerk

Selling Sex in the City offers a worldwide analysis of prostitution that takes a long historical approach which covers a time period from 1600 to the 2000s. The overviews in this volume examine sex work in more than twenty notorious “sin cities” around the world, ranging from Sydney to Singapore and from Casablanca to Chicago. Situated within a comparative framework of local developments, the book takes up themes such as labour relations, coercion, agency, gender, and living and working conditions. Selling Sex in the City thus reveals how prostitution and societal reactions to the trade have been influenced by colonization, industrialization, urbanization, the rise of nation states, imperialism, and war, as well as by revolutions in politics, transport, and communication.

Leiden; Boston: Brill, 2017. 909p.

Socio-legal Approach to 'Football Hooliganism'

By John White

Association football is the most popular and significant of "supporter sports". Its spectator misbehaviour is portrayed and conceived as an exclusively modern and British phenomenon and as a violent disease prevalent in the professional game, when it is none of these things. Nevertheless, it is an important socio-legal issue. The mass media have played a substantial role in fostering such misconceptions, and hold a vested interest in creating and perpetuating "football hooliganism" as a "social problem" or "moral panic". The social controllers, in their use of the criminal law and penal control, also out of vested interests, have reacted to the behaviour in an unnecessarily repressive and harmful way, while it is suggested that a more fruitful approach might have been through the development of innovations based on some model of self-help or at least through the invocation of the civil law. This conclusion is reached following investigation and analysis over several years of how football fans actually behave at match outings, of their interactions with law enforcement agents, and of the views of the participants themselves, all of which are described.

Edinburgh: University of Edinburgh, 1984. 473p.

"My Life Is Not Your Porn": Digital Sex Crimes in South Korea

By Human Rights Watch

This report, based on interviews with survivors and experts, and a survey, documents the spread and impact in South Korea of what are referred to there as “digital sex crimes.” Digital sex crimes are crimes involving non-consensual intimate images. These crimes are a form of gender-based violence, using digital images that are captured non-consensually and sometimes shared, captured with consent but shared non-consensually, or sometimes faked. These images are almost always of women and girls. This report explores how technological innovation can facilitate gender-based violence in the absence of adequate rights-based protections by government and companies.

New York: HRW, 2021. 103p.

Finding the Enemy Within: Blasphemy Accusations and Subsequent Violence in Pakistan

By Sana Ashraf

In the past decade, Pakistan has witnessed incidents such as the public lynching of a student on a university campus, a Christian couple being torched alive, attacks on entire neighbourhoods by angry mobs and the assassination of a provincial governor by his own security guard over allegations of blasphemy. Finding the Enemy Within unpacks the meanings and motivations behind accusations of blasphemy and subsequent violence in Pakistan. This is the first ethnographic study of its kind analysing the perspectives of a range of different actors including accusers, religious scholars and lawyers involved in blasphemy-related incidents in Pakistan. Bringing together anthropological perspectives on religion, violence and law, this book reworks prevalent analytical dichotomies of reason/emotion, culture/religion, traditional/Western, state/nonstate and legal/extralegal to extend our understanding of the upsurge of blasphemy-related violence in Pakistan. Through the case study of blasphemy accusations in Pakistan, this book addresses broader questions of difference, individual and collective identities, social and symbolic boundaries, and conflict and violence in modern nation-states.

Canberra: Australian National University Press, 2021. 270p.

Sacred Men: Law, Torture, and Retribution in Guam

By Keith L. Camacho

Between 1944 and 1949 the United States Navy held a war crimes tribunal that tried Japanese nationals and members of Guam's indigenous Chamorro population who had worked for Japan's military government. In Sacred Men Keith L. Camacho traces the tribunal's legacy and its role in shaping contemporary domestic and international laws regarding combatants, jurisdiction, and property. Drawing on Giorgio Agamben's notions of bare life and Chamorro concepts of retribution, Camacho demonstrates how the U.S. tribunal used and justified the imprisonment, torture, murder, and exiling of accused Japanese and Chamorro war criminals in order to institute a new American political order. This U.S. disciplinary logic in Guam, Camacho argues, continues to directly inform the ideology used to justify the Guantánamo Bay detention center, the torture and enhanced interrogation of enemy combatants, and the American carceral state.

Durham, NC: Duke University Press, 2019. 313p.

What do sex workers think about the French Prostitution Act?: A Study on the Impact of the Law from 13 April 2016 Against the ‘Prostitution System’ in France

By Hélène Le Bail, Calogero Giametta, Noémie Rassouw

The main objective of this study is to assess the impact on sex workers’ living and working conditions of the act of law n° 2016-444 (adopted by France’s parliament on the 13th of April 2016 with the aim of reinforcing the fight against the prostitution system and supporting people in prostitution).1 This is a qualitative study focused on the viewpoints of sex workers themselves who are directly affected by the law. For the purposes of this analysis interviews were conducted with 70 sex workers (a further 38 sex workers were consulted via focus groups and workshops). A further 24 interviews and focus groups were conducted with sex worker groups or other organisations working with sex workers across France. Two researchers (in political science and sociology) supervised the study and analysed the results in close collaboration with 11 outreach organisations. Alongside this qualitative study, a quantitative survey was also conducted between January and February 2018 involving 583 sex workers the results of which were integrated into this report.\

Saint-Denis, France: Médecins du Monde. 2019, 96p.

Justice with Prejudice

Edited by Michael J. Lynch and E. Britt Patterson.

"Nothing has changed" is the conclusion to be drawn from reading the collection of original articles that describe and analyze the countless ways in which racial prejudice affects the processing and outcomes of minority offenders in the American criminal justice system. Written in the 1990s, most of the observations still apply. CONTENTS: 1. Thinking About Race and Criminal Justice: Racism, Stereotypes, Politics, Academia, and the Need for Context; 2. Moral Panic as Ideology: Drugs, Violence, Race and Punishment in America; 3. "The Tangle of Pathology" and the Lower Class African American Family: Historical and Social Science Perspectives; 4. The Image of Black Women in Criminology: Historical Stereotypes as Theoretical Foundation; 5. Race, Popular Culture, And The News; 6. Vice and Social Control: Predispositional Detention and the Juvenile Drug Offender; 7. Race, Contextual Factors, and the Waiver Decision Within Juvenile Court Proceedings: Preliminary Findings From a Test of The Symbolic Threat Thesis; 8. Race and Criminal Justice: Employment of Minorities in the Criminal Justice System; 9. Race And Social Class in the Examination of Punishment; References; Notes.

Harrow and Heston Publishers. 1992. 246p.

Crime and Social Deviation

By S. Giora Shoham.

Criminologists, it has been said, are "kings without countries,- for their territories have never been deline-ated..Because the clashes between human behavior and criminal law norms do not constitute a clearly defined behavioral entity, criminology must draw its basic concepts and methodology from the behavi-oral sciences, biology, and, to some extent, the history and sociology of criminal law. A bold synthesis of the various related disciplines is, therefore, essential. Professor Shlomo Shoham has, in Crime and Social Deviation, undertaken such a synthesis, utilizing a unique theoretical approach to the causes and treatment of crime, delinquency, and deviation. Says Professor Hermann Mannheim in the preface to this work: "Shoham combines his unmistakable gift for constructive theorizing and classifying, for thinking in terms of abstract models and types, with painstaking and realistic empirical research for which his native country of Israel, small as it is, offers an apparently inexhaustible wealth of problems and material."

NY. Harrow and Heston Publishers. 2012. 267 pages.

Civic Insecurity: Law, Order and HIV in Papua New Guinea

Edited by: Vicki Luker, Sinclair Dinnen.

Papua New Guinea has a complex ‘law and order’ problem and an entrenched epidemic of HIV. This book explores their interaction. It also probes their joint challenges and opportunities—most fundamentally for civic security, a condition that could offer some immunity to both.

Canberra: Australian National University Press, 2010. 356p.

Madness Language and the Law

By Bruce A. Arrigo.

The classic real-life application of semiotics to the study of the plight of the mentally ill, victims of an impossibly convoluted legal system that gobbled them up and spat them out either as criminals or as those who must be committed to an institution no matter what. Mad or bad? You decide. One hesitates to say it, but not much has changed since this enlightening book was written some four decades ago.

NY. Harrow and Heston Publishers. 2019. 176p.