The role played by ritual in the field of human rights has not been widely remarked or analysed. Here I argue that the triumph of human rights as the predominant language for making social justice claims in the international sphere is partly attributable to the power of certain linguistic and embodied rituals. I suggest that these rituals veil the material factors at stake when human rights are invoked internationally, obscuring the relationship between neoliberalism, material inequality, and human rights. I compare the vision of justice propounded through the rituals of human rights with that proposed by the peasants’ movement, Vía Campesina. Vía Campesina’s vision is grounded in material realities and confronts neoliberal policies head on. I consider how it unsettles the rituals of human rights, and whether it can be preserved in the form of a UN Declaration on the rights of peasants.

Indigenous scholars and leaders have long been interested in reducing the role of the Canadian state in their political, economic, and social lives. This paper explores the extent to which digital currencies, such as Bitcoin or MazaCoin, might be used to facilitate Indigenous self-determination, political autonomy, and economic prosperity. Based on our review of the literature, we argue that cryptocurrencies demonstrate some potential for advancing these goals but that there are a number of potential roadblocks as well. Future research should investigate how Indigenous communities might use digital currencies and other related technologies to further their political, economic, and social goals.

The Divorce Act, 1968, provided no-fault divorce for the first time. It also included a list of fault-based grounds for divorce. In addition to the traditional grounds, a spouse whose wife or husband had “engaged in a homosexual act” during the marriage could petition for divorce. This novel provision was aimed at giving husbands a way to divorce their lesbian wives. A close reading of the resulting jurisprudence and surrounding context shows not only that courts struggled to define the homosexual act between women, but also that the legal history of lesbian women differs from that of gay men in a number of respects. Notably, male homosexuality was regulated primarily through criminal law. In contrast, when parliamentarians specifically addressed lesbians, they turned their minds to the family and family law.

This article suggests a reconceptualization of the way in which social and legal sciences traditionally represented the relation between the judicial system and public opinion. Our analysis is based on Niklas Luhmann’s systems theory and on empirical examples taken from case laws and qualitative interviews demonstrating the heuristic potential of the polycontexturalisation of public opinion. In social and legal sciences, research has mainly focused on the public’s opinion of the judicial system. But the notion of polycontexturality here suggests a new approach which consists of analyzing the structures involved in the selection and judicial shaping of legally relevant public opinions. The goal then is no longer to understand what public opinion thinks of the judiciary but rather to understand what the judiciary believes public opinion thinks of it.

This paper explores how new regulatory technologies and front-line decision-makers reshape one another. Drawing on a recent qualitative study of caseworker decision-making in the Ontario Works program, it demonstrates the dialectical relationship between new case management software and caseworkers. While new technologies may attempt to deskill and decentre front-line decision-makers, transforming them into data entry clerks, caseworkers learn how to expertly translate and input client data to produce decisions that more closely match their interpretation of clients’ needs and welfare laws. The ways in which workers “manipulate the system” to produce a particular decision, though common knowledge among their colleagues, are black boxed to program managers, auditors, and benefits recipients.

This article explains why and how some Canadians have asserted a right to possess firearms from the late nineteenth century to the early twenty-first century. It demonstrates that several late-nineteenth-century politicians asserted a right to arms for self-defence purposes based on the English Bill of Rights. This “right” was forgotten until opponents of gun control dusted it off in the late twentieth century. Firearm owners began to assert such a right based upon the English Bill of Rights, William Blackstone, and the English common law. Their claims remained judicially untested until recent cases finally undermined such arguments.

On July 13, 2013, the Commission for Public Complaints released the Report Following a Public Interest Investigation into the Conduct of RCMP Members in Nova Scotia in Respect to Matters Involving Nicole (Ryan) Doucet. After interviewing all parties involved and reviewing 25 incidences involving Ms. Doucet and Mr. Ryan, the Acting Commissioner, Ian McPhail, concluded the RCMP’s policy regarding violence in relationships “was followed at all times.” According to The Report, the RCMP did not fail to protect Ms. Doucet. These conclusions, however, seem to be at odds with the evidence presented in The Report. After discussing coercive control and reviewing R. v. Ryan, the paper analyses the Commission’s findings to argue that the evidence presented to the Commission clearly illustrates that police ignored Ms. Doucet’s repeated pleas for help. The Commissioner missed a real opportunity to review current RCMP policies on domestic violence to bring them in line with current and on-going research on coercive control.

This study examines the ways in which unofficial cooperative practices hamper the effectiveness of official cooperative legislation as an expression of informal norms within mining cooperatives in South Kivu, in Eastern Democratic Republic of Congo. The study is based on interviews and the observation of the practices of small-scale miners when setting up and running their mining cooperatives. The study of the normative organisation of mining cooperatives can contribute to reflection on a participative reform of public policies in order to improve governance in the mining sector in the DRC.