SLSA Annual Conference Socio-legal in culture: the culture of socio-legal Tuesday 31st March – Thursday 2nd April 2015 We would like to thank our sponsors: 2 SOLUTIONS FOR STUDENTS FROM THOMSON REUTERS Help your students LEARN THE LAW with Sweet & Maxwell textbooks New editions for 2015 include: Hanbury & Glanville Williams Smith & Thomas: McEldowney: Martin: Modern Textbook of A Casebook Public Law Equity Criminal Law on Contract McEldowney Glister Baker Brownsword 4th Edition 20th Edition 20th Edition 13th Edition ■ PRINT ■ PRINT ■ PRINT ■ PRINT ■ KINDLE ■ PROVIEW™ ■ PROVIEW™ ■ PROVIEW™ ■ KINDLE ■ KINDLE ■ KINDLE And many more… See a better way forward at sweetandmaxwell.co.uk/academic Contents Welcome from the SLSA and Warwick Law School 1 SLSA Prize Winners 3 Schedule of Conference 4 Plenary Panel 9 Special Events 10 Poster Session in the Mead Gallery 12 Programme of Streams and Themes 18 Abstracts 44 Authors 173 Maps 183 Floor Plans 186 FAQ 191 Welcome to the SLSA Annual Conference 2015 As Chair of the Socio-Legal Studies Association, it gives me great pleasure to welcome you to the 25th annual SLSA Conference at Warwick Law School. With over 400 papers across 42 streams and themes the conference promises to be a vibrant and stimulating one. It is particularly pleasing that the SLSA should return to Warwick, which pioneered the contextual approach to the study of law, as the University is celebrating its 50th anniversary. The success of any conference is largely dependent on those who participate. Delegates are coming from around the world which we hope will facilitate comparative discussion and the establishment and strengthening of international socio-legal networks. Every year, groundbreaking papers are presented by first-time delegates, many of whom have previously attended one of our very successful postgraduate conferences. This year we are continuing with our poster session and, in light of its success over the past two years, have extended it to include established scholars as well as postgraduate students. The latter will also be entered in our annual poster competition, and I encourage everyone to take the opportunity to view the posters during the drinks reception on Tuesday evening, where they will be on display in the magnificent Mead Gallery. I would like to extend my thanks on behalf of the Executive Committee to all those involved in the organization of the conference, particularly Ana Aliverti, Jonathan Garton, Maebh Harding, Andreas Kokkinis, Celine Tan and Charlotte Woodhead, together with Wendy Curtis, Nic Doran, Vida Glanville, Stephen Gant and Kerry Walsh, for the months of hard work this has entailed. I also want to thank our sponsors – their generosity enables us to support the socio-legal community in many ways. I extend my congratulations to this year’s prize winners Alan Paterson (book prize), Debbie Becher and Kirsten McConnachie (joint winders of the early career book prize), Henry Yeomans (socio-legal theory and history prize) and Amanda Perry-Kessaris (article prize), and especially to Sally Wheeler, whose outstanding work over many years is being recognised at this year’s conference with the SLSA’s award for contributions to the socio-legal community. Finally, I would like to thank the participants in what will no doubt be a lively plenary panel session on teaching law in context. If you would like to know more about the SLSA, please visit our stall at the conference, speak to an Executive member or attend the Annual General Meeting on Wednesday lunchtime. I hope that you enjoy the conference and look forward to meeting many of you over the next three days. Professor Rosemary Hunter FAcSS Chair of the SLSA 1 Welcome from the Head of Warwick Law School On behalf of Warwick Law School, I wish you a most warm welcome to SLSA 2015. We are delighted to host the conference in Warwick University’s 50th anniversary year. I would like to thank the SLSA Executive Committee for accepting our bid at this auspicious time. I would also like to thank the many colleagues at WLS who have worked to bring SLSA 2015 here, and to provide what I am confident will be a successful conference. From its inception in the late 1960s, Warwick Law School has pioneered a contextual approach to the study of law. I believe that this offers not an alternative or supplement to traditional approaches, but a better understanding. When we speak of law in context, we speak in the plural, because our approaches change to reflect new developments in social science and the humanities. Behind the evolution, however, remains the study of law as a living phenomenon, linked to the spaces, relations and situations where it operates. It is such a vision, I believe, that brings us all to Warwick for SLSA 2015. With 400 papers submitted, it is clear that socio-legal studies remain vibrant. The programme indicates the strength and variety of our work, while stream headings indicate its cutting edge nature. As a Law member of REF 2014, I was struck by the range and quality of the submissions. I have a similar sense with regard to SLSA 2015. Whatever the challenges facing UK university education, our discipline is in good shape. At this conference, we will not only test our ideas, but also contribute to the flourishing of socio-legal studies in the UK. I also hope we will have a good time: enjoy the conference! Professor Alan Norrie, FBA Head, Warwick Law School 2 SLSA Prize Winners 2015 2015 Hart-SLSA Book Professor Sally Prize: Wheeler Alan Paterson (2013) Winner of the Final Judgement: SLSA Prize for Contributions to The Last Law Lords and the Socio-Legal the Supreme Court, Hart. Community 2015 Hart-SLSA Prize for Early Career Academics: Awarded jointly Debbie Becher (2014) Kirsten McConnachie (2014) Private Property and Public Power: Governing Refugees: Eminent domain in Justice, order and Philadelphia, legal pluralism, OUP Routledge 2015 SLSA Article 2015 Socio-Legal Prize: Theory and History Prize : Amanda Perry-Kessaris (2014) ‘The case for a Henry Yeomans (2014) visualised economic Alcohol and Moral sociology of legal Regulation: Public development’ 67 attitudes, spirited Current Legal Problems measures and 169 Victorian hangovers, Policy Press 3 Schedule of Conference Tuesday March 31st Room DAY ONE Registration from 10.00 11.30-12.30 A Moving Experience of Legal Education Meet outside Ramphal (weather permitting) Building 12.30-13.30 WELCOME LUNCH Ramphal Foyer 13.30-15.00 (SESSION ONE) Refugee and Asylum Law: Theory, Policy and Practice Social Sciences S0.11 Criminal Law and Criminal Justice/ Mental Health and Mental Capacity Social Sciences S0.20 Law Law and Justice in Colonies and ‘Post’-Colonies Ramphal R0.14 Law and Literature Ramphal R1.03 International Criminal Justice: Theory, Policy and Practice Ramphal R1.04 Intersectionality Ramphal R2.41 Access to Environmental Justice Social Sciences S0.17 Administrative Justice Social Sciences S0.28 Culture Clash, Peace and World Order Social Sciences S1.66 Rethinking Surrogacy Laws Social Sciences S0.08 Exploring Legal Borderlands: Empirical and Interdisciplinary Approaches Social Sciences S0.19 Sentencing and Punishment Social Sciences S0.13 Challenging Ownership Social Sciences S2.12 Labour Law Social Sciences S0.09 Research Methods and Methodologies Social Sciences S1.14 Sexual Offences and Offending Social Sciences S0.10 15.00-15.30 Refreshments Ramphal Foyer 15.30-17.00 (SESSION TWO) Refugee and Asylum Law: Theory, Policy and Practice Social Sciences S0.11 Criminal Law and Criminal Justice Social Sciences S0.20 Law and Justice in Colonies and ‘Post’-Colonies Ramphal R0.14 Law and Literature Ramphal R1.03 International Criminal Justice: Theory, Policy and Practice Ramphal R1.04 Gender, Sexuality and Law Ramphal R1.13 Civil Procedure and Alternatives to Litigation, ADR Ramphal R1.15 Registering Registration Ramphal R2.41 Children’s Rights Ramphal R3.41 International Economic Law: Governing Markets in Context Social Sciences S0.17 Administrative Justice Social Sciences S0.28 Culture Clash, Peace and World Order Social Sciences S1.66 Rethinking Surrogacy Laws Social Sciences S0.08 Renewing Critique in Criminal Justice Social Sciences S0.18 Exploring Legal Borderlands: Empirical and Interdisciplinary Approaches Social Sciences S0.19 4 Sentencing and Punishment Social Sciences S0.13 Challenging Ownership/Mental Health and Mental Capacity Law Social Sciences S2.12 Labour Law Social Sciences S0.09 Sexual Offences and Offending Social Sciences S0.10 Ramphal Lecture Theatre 17.15-18.30 PLENARY R0.21 18.30-20.30 POSTER SESSION and Drinks Reception The Mead Gallery, Sponsored by Social and Legal Studies Warwick Arts Centre Wednesday April 1st Room DAY TWO 9.00-10.30 (SESSION THREE) Refugee and Asylum Law: Theory, Policy and Practice Social Sciences S0.11 Criminal Law and Criminal Justice / Mental Health and Mental Capacity Social Sciences S0.20 Law Law and Justice in Colonies and ‘Post’-Colonies Ramphal R0.14 Art Culture and Heritage Ramphal R1.03 International Criminal Justice: Theory, Policy and Practice Ramphal R1.04 Gender, Sexuality and Law Ramphal R1.13 Renewing Critique in Criminal Justice Ramphal R1.15 Registering Registration Ramphal R2.41 Children’s Rights Ramphal R3.41 International Economic Law: Governing Markets in Context Social Sciences S0.17 Administrative Justice Social Sciences S0.28 Lawyers and Legal Professions Social Sciences S1.66 Banking and Finance Social Sciences S0.08 Culture Clash, Peace and World Order Social Sciences S0.18 Exploring Legal Borderlands: Empirical