“Legality with a Vengeance”: Reclaiming Distribution for Sociolegal Studies

2018 ◽  
Vol 52 (3) ◽  
pp. 709-739 ◽  
Author(s):  
Sandra R. Levitsky ◽  
Rachel Kahn Best ◽  
Jessica Garrick
Keyword(s):  
2019 ◽  
Vol 45 (2) ◽  
pp. 539-558
Author(s):  
Roger Cotterrell

The second edition of Santi Romano’s book, The Legal Order, now appearing in its first English translation (2017), is a pioneer text of legal pluralism. Its interest lies in its extreme radicalism and in the fact that, although it is written by a lawyer, its argument has many important political implications and addresses core conceptual issues in contemporary sociolegal studies of legal pluralism. The social and political context of Romano’s book in early twentieth-century Italy is far from being solely of historical interest. Issues that surrounded his juristic thinking in its time resonate with important political and social issues of today.


2019 ◽  
Vol 15 (1) ◽  
pp. 205-225 ◽  
Author(s):  
Christine Parker ◽  
Hope Johnson

This review addresses food as a topic of sociolegal studies. We show that the divide between production and consumption in law and social science is increasingly untenable in the context of contemporary globalizing, industrializing food chains underpinned by a productivist ideology and supported by a consumptogenic cultural economy. Sociolegal studies of food are well-suited to grappling with the complexity of production–consumption dynamics through regulatory governance studies of hybridized (public and private) supply chain standards. Yet we argue for an expanded focus on the embeddedness of food chains in social, political, and, importantly, ecological food webs. We suggest that sociolegal studies into ecologically based regulation, countermovements, and an expansive version of the human right to food (that includes nature and animals) can particularly contribute to an understanding of the possibilities for regulating capitalism by seeking to constrain globalizing, industrialized food chains.


Author(s):  
Martha-Marie Kleinhans ◽  
Roderick A. Macdonald

AbstractLegal pluralism is a contemporary image of law that has been advanced by sociolegal scholars in response to the dominant monist image of law as derivative of the political state and its progeny. The pluralistic image redirects law and society research toward the myriad normative orders outside the circle of “the Law.” This essay considers the epistemological foundations of both legal pluralism and the legal monist image of law against which its proponents are reacting. It argues that contemporary pluralistic imaginations rest on the same impoverished view of law and its subjects that sustains the traditional claim that law comprises only the processes and institutions emanating from the modern political state. The authors propose an alternative image of law in an effort to redirect the sociolegal studies research agenda.Challenging the traditional social-scientific legal pluralism of reified cultures and communities, the idea of critical legal pluralism presented in this essay rests on the insight that it is knowledge that maintains and creates realities: a critical legal pluralism imagines legal subjects as “law inventing” and not merely “law abiding.” The authors argue that, once the constructive, creative capacities of legal subjects are recognized alongside the plurality of these same subjects, the relationship between laws and selves reveals its complexity. They acknowledge that their approach is only one of many possible critical legal pluralist approaches; but they maintain that any reconception of law within a framework of critical legal pluralism is a form of emancipatory prescription. As definitions of law are revised and rejected, new vistas are opened for sociolegal scholarship.


2017 ◽  
Vol 26 (6) ◽  
pp. 757-775
Author(s):  
Jonathan Goldberg-Hiller

The study of sexuality has been and remains a seminal project for Social & Legal Studies. This article utilizes the political/esthetic theory of Jacques Rancière in order to explore the dimensions of this project as an intervention in the field of sociolegal studies from the Journal’s inception to contemporary concerns. Early studies of sexuality in the Journal developed three methodological themes: law as deconstructable process, as consequential for the performative aspects of nonessentialized identities, and as potentially destabilized by highly mobile rights claiming. This article seeks to understand whether this unique agenda for the study of gender, sexuality, and law remains viable. It concludes that the nonessentialist fluidity of gender and sexuality which framed early approaches to the study of the consequences of rights and the relationship of sexual and gender identity requires renewed attention to the structures of race, colonialism, and imperialism enabling and enabled by contemporary queer critique.


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