The Holocaust sits uncomfortably within general theories of representation. Moreover, the Shoah also raises fundamental problems for our understandings of law and justice within modernity. ‘After Auschwitz’ serves as both a temporal and epistemological signifier within and about law and justice within modernity. This article studies the ways in which a new literary genre of French detective fiction, the néo-polar, which emerged after events of May 1968, has posited new understandings of law, justice and memory of the Shoah. Drawing on the Frankfurt School of Critical Theory and deconstruction, the article argues that the new generation of French writers problematise law, justice and politics through a genre in which ‘fiction’ writes and re-writes history and memory in a search for an impossible justice.

Love is ever-present in the debate for the legal recognition of same-sex marriage. Its importance, however, is often underestimated. I will show in this article that much can be gained by viewing this issue through the analytical lens of romantic love. This analysis will show that romantic love is a contested idea. On the one hand it claims to embody a radical and permissive ideology that is capable of penetrating established social and cultural divides. On the other hand, however, love has been accused of replicating patriarchy, and of being ideologically heteronormative. As such, love is not necessarily the answer needed to win the legal argument for same-sex marriage – not unless we begin a process of redefining love for our times.

To date, in Western jurisdictions, many criminal justice reforms are devised and implemented with a close eye on public opinion. These are typically intended to regain or foster legitimacy. However, within this context, there is no common understanding of this concept. This essay aims to provide such a conceptualisation of legitimacy, to enable a consistent and systematic evaluation of attempts to accommodate public opinion. To this end, five levels of legitimacy research are discussed that could structure evaluations of public-opinion-targeted reforms: (1) the normative dimension, (2) the ‘audiences’ addressed, (3) the purpose of the reforms, (4) trust and distrust, and (5) dialogic, or longitudinal effects. Furthermore, since research departing from these five levels of analysis is likely to result in observations that are, by nature, incommensurable, it is argued that an overall assessment of legitimacy always requires a judgment, rather than mere measurement.

In Orientalism, Edward Said’s seminal critique of Western discourse on the Arab and Islamic world, Said begins with an epigram from Karl Marx: ’They cannot represent themselves; they must be represented‘ (Said, 1979, p. xiii, quoting Karl Marx, The Eighteenth Brumaire of Louis Bonaparte). Said then argues that Marx’s statement captures a basic reality about Western representations of ’Oriental‘ societies, which is that they often rest on a pattern of cultural hegemony. The dominance of European colonial powers, primarily Great Britain and France, over their subjugated populations is what allowed the latter to be depicted in a way that reinforced ‘the idea of European [superiority] in comparison with. . .non-European peoples and cultures’ (p. 7). For example, in Gustave Flaubert’s popular novels, ‘Flaubert’s encounter with an Egyptian courtesan produced a. . .model of the Oriental woman. . .[who] never spoke of herself. . .[and] never represented her emotions, presence or history. He spoke for and represented her. . .telling his readers in what way she was typically Oriental’ (p. 6, emphasis original). Moreover, Flaubert’s superiority in relation to her ‘was not an isolated instance. It fairly stands for the pattern of relative strength between East and West, and the discourse about the Orient that it enabled’ (p. 6).

In recent years, universal principles and, in turn, the universalistic discourse of human rights, have fallen under critical review by feminist scholars. This is part of a more general suspicion of a search for universalism and abstraction in law: feminist legal scholars have highlighted and critiqued the gendered dimension of such an approach.1 Particular concepts fundamental to political, legal and social theory such as justice,2 equality,3 freedom4 and rights5 have been under the spotlight to see if their structure leads to detrimental consequences for women. Criticisms of rights have taken a variety of forms with rights being seen as too individualistic, reinforcing existing power imbalances, failing to account for women’s experiences and focusing too much on the public sphere.

This paper develops the idea of transgenerational association. It addresses intrapersonal distributions of wellbeing over time. It develops the notion of temporal distributions between generations, and posits that it is possible to overcome the problems that obstruct ethical individualism. It argues that corporate personality allows us to compare distributions between generations to distributions between the stages of one person.

In the context of a technology-driven algorithmic approach to criminal justice, this paper responds to the following three questions: (1) what reasons are there for treating liberal values and human rights as guiding for punitive justice; (2) is preventive justice comparable to punitive justice (such that the guiding values of the latter should be applied to the former); and (3) what should we make of preventive measures that rely not so much on rules and orders, but on ‘technological management’ (where the preventive strategy is focused on eliminating practical options)? Responding to the first question, a Gewirthian-inspired theory of punishment is sketched – a theory that is, broadly speaking, supportive of liberal values and respect for human rights. What makes this theory apodictic for any human agent is that it demands respect for the very conditions on which any articulation of agency is predicated. With regard to the second question, we indicate how a Gewirthian view of the relationship between punitive and preventive justice supports the logic of referring to the principles that guide the former as a benchmark for the latter; and we suggest some particular principles of preventive justice where the restrictions are targeted at individual agents (whether in their own right or as members of classes). Finally, we suggest that, although technological management of crime changes the complexion of the regulatory environment in ways that might be a challenge to a Gewirthian moral community, it should not be categorically rejected. Crucially, technological management, like other preventive strategies, needs to be integrated into the community's moral narrative and authorised only to the extent that it is compatible with the governing moral principles.

This paper argues for a new approach to understanding statelessness. It explores the limits of international laws on statelessness and the relationships between statelessness, diaspora and nationalism. It discusses how the condition of statelessness has affected Kurds, and how statelessness has been constructed and experienced at an individual and collective level in the diaspora. It argues for an expanded definition of the international laws of ‘stateless’ person: adding to the accepted de jure and highly contested de facto definitions, by also suggesting a third, new, category of ‘socially stateless’ people. The paper examines the concept of diaspora itself from the perspective of Kurdish interviewees and explores how, for stateless groups like Kurds, ‘living in diaspora’ can mean more than one place, including their land of origin. It will suggest the concept of ‘double’ or ‘multiple’ diasporas, where stateless people do not feel that they belong either to their country of origin or to the country in which they now live. The paper discusses the idea that when an ethnic community is stateless, then even those individuals who have an official nationality, citizenship or passport may often describe themselves as stateless. The relationship between statelessness, diaspora and nationalism is highlighted; and the impact of this on diaspora involvement in homeland politics, conflict and peace is explored. The paper also argues that the lack of protection which international law(s) offer around statelessness paradoxically create new forms of nationalism.

Plants have been and will continue to be fundamental to the evolution of human society. However, the law’s traditional approach to plants, based broadly on the need to facilitate the exploitation of plants for the benefit of humans and to regulate the impacts of that exploitation, fails to recognise the ways in which plants can be said to participate in society. This participation takes three forms: a contribution to the achievement of social goals, the shaping of social spaces and the influencing of individual and collective human behaviours. It is argued that the recognition of these roles that plants play in society in law and policy could begin to redress the continuing decline in plant diversity, and lead to a reformed understanding of society’s relationship with plants and the wider natural world.

This article considers and assesses pseudo-public spaces, considering both physical and non-physical spaces. Presenting perspectives from law, geography, architecture and communication studies, it is argued that there are links between the conditions pertaining to shopping centres, redeveloped city centres, Internet service providers and websites. Particular attention is paid to unfulfilled claims regarding the promise of new spaces, or inconsistencies as between the form and substance of a given space. The owners of pseudo-public physical spaces use legal tools such as the right to exclude from private property, while the owners of pseudo-public virtual spaces often base the relationship with a user on contractual agreements; in both cases, concepts of fundamental rights are also affected, if not often vindicated. The consequences of these approaches are assessed, drawing on critical legal geography and the history of ‘common carriers’ and other forms of regulation.

In this paper, I examine the current geographical location of Portuguese courts and the effects this territorial redefinition has had on the relationships between the justice system and the territories/populations in a context in which external and internal political factors, rather than a mere need to improve the justice system, have played a major role. Such an analysis entails three key elements: the geographic impacts on access to justice, in view of the emblematic presence of the state in the territories, both contrasted with the conflict between specialisation and the proximity of jurisdiction.

This paper explores the implications of political risk insurance (PRI) in the regulation and governance of natural resources sectors in developing countries. Operating in a hybrid public–private sphere, PRI arrangements involve a more complex web of contractual and non-contractual relations than commercial insurance products, and parties to such arrangements are inserted into a much more intricate framework of legal and political governance, with correspondingly broader international and domestic implications. The paper argues that PRI represents a form of government rationality that provides a framework for organising and regulating the behaviour of actors involved in natural resource investments in developing countries. In natural resources projects where tensions regularly exist between the interests of the foreign investor, the host state and local communities, PRI arrangements can reframe the terms of engagement between these various stakeholders and redefine the host state's engagement with the broader international community.

Health-care law presents numerous challenges to the conception of the law as a dispassionate arbiter of disputes or protector of rights. Issues relating to end-of-life care, the assessment of mental capacity and decision-making for those who lack capacity, amongst others, epitomise the complex nature of health-care law. They also raise globally applicable questions about discrimination, or equal protection, as well as concerns for relief of suffering, the assessment of best interests and the exercise of individual autonomy. This paper will evaluate the extent to which law's traditional objectivity (dispassion) is undermined by the introduction of concerns about compassion into judicial and executive decisions. Focusing primarily on the law in England and Wales, but with reference to multi-jurisdictional case-law and international instruments, it will consider whether the law provides compassionate approaches and outcomes in end-of-life decision-making, and the implications of compassion for legal certainty.

This paper examines the key societal developments underpinning the growth of mediation in Singapore with a view to analysing the evolving conceptualisation of justice within mediation. The introduction of mediation corresponded with a shift from adversarial justice to an indigenous form of conciliatory justice, in which a respected mediator played an adviser role for the disputants and was trusted to ensure the fairness of the process. However, this trajectory was tempered by the need to ensure that Singapore mediation practice conformed with international practices concerning the protection of parties’ autonomy. The ambivalence concerning the mediator's role has resulted in uncertainty about whether the mediator bears primary responsibility for ensuring procedural and substantive fairness. The paper discusses the implications of this ambiguity and proposes ways to resolve it. The current phase of professionalisation in Singapore's mediation movement offers the opportune moment to resolve these existing tensions and to crystallise the mediator's role in facilitating access to justice.

The EU has progressively introduced antidiscrimination enforcement measures like the duty to set up Equality Bodies (EBs) that applies to the ground of racial or ethnic origin, among others. Until recently, however, EU law only envisaged vague standards for EBs that allowed a wide range of national configurations. Building on international benchmarks, this paper draws a set of dimensions considered necessary to improve promotion-type EBs responsiveness to discrimination. These dimensions are applied to the British and Spanish EBs to illustrate how the gaps left by EU law may lead to the design of ineffective bodies. The paper argues that EBs can contribute to effectively tackling discrimination if they are designed to be responsive at individual and systemic levels. The 2018 EU Recommendation on Standards for EBs makes a step forward in that direction, but its practical relevance may be limited by its non-binding nature.

Since 1978, we have observed the steady development of institutions, mechanisms and processes of dispute resolution in China. In the last ten years or so, we then noted frequent issuance of new rules and measures as well as revision of existing laws, the promotion of mediation as the preferred method for resolving disputes and, more recently, the promotion of an integrated dispute-resolution system as a national strategy for comprehensive social control (as well as for resolving disputes), in the name of reforming and strengthening ‘the Mechanism for Pluralist Dispute Resolution’. Careful examination of these latest developments suggests that fundamental changes are taking place that may potentially alter the course of the development of the Chinese dispute-resolution system. These developments are the focus of this paper with an aim to ascertain the nature of the developments and their future direction or directions.

People with cognitive disabilities face specific forms of discrimination and disadvantage in the criminal justice system, including in legal proceedings. While unfitness-to-stand-trial provisions are intended to assist in avoiding unfair trials, in application, such laws can exacerbate disadvantage. A recent research project sought to increase the participation of accused persons with cognitive disabilities in legal proceedings by developing, implementing and evaluating a model in which disability support workers were embedded in legal services in three Australian jurisdictions. This paper details the findings of a cost–benefit analysis undertaken of that model compared with the common outcomes for accused persons with cognitive disability, including a finding of unfitness to stand trial. The analysis provides evidence of how a tailored programme intervention at a critical point can provide savings in police, courts and custody costs in addition to improving the timeliness and quality of outcomes for people with cognitive disabilities.

This paper aims to conduct a descriptive analysis of a total of 2,172 semi-structured interviews with sentenced inmates in Mexico City during 2002–2008 in order to explain how public legal defence works, how this service is evaluated by the inmates who took part in the interviews, and how the traditional division between public and private services constitutes an important distinction in the way in which criminals interact with, and are processed by, the legal system. Our findings suggest that, in the case of Mexico City: (i) to be tried by a public defender not only implies that the person accused holds a bigger chance of getting a softer sentence than those defended by private lawyers; but also, (ii) that the population will have a better perception of the justice process.

In an era of global sanitary, economic and ecological crisis, beliefs in the predictive power of artificial intelligence (AI) progressively penetrate the legal and political spheres, in search of new ways to anticipate and govern the future. In this context, it is critical to understand the idiosyncratic nature of the interplay between governance and algorithmic logics of prediction. This contribution discusses how the association between governance and AI makes the future knowable in the present and shapes a programmatic way of formalising, justifying and deploying action in the here and now. We focus on three principles of institutional mobilisation in the face of uncertainty and indeterminacy: precaution, pre-emption and preparedness, each of which is affected by the use of AI relying on so-called ‘real-time predictions’. Drawing from risk theory and Science and Technology Studies, we argue that the current convergence between AI and governance is shaping a new sociotechnical imaginary, promoting a distinctive conception of life and of the future in the age of the Anthropocene.