Scholars of culture, humanities and social sciences have increasingly come to an appreciation of the importance of the legal domain in social life, while critically engaged socio-legal scholars around the world have taken up the task of understanding "Law's Empire" in all of its cultural, political, and economic dimensions. The questions arising from these intersections, and addressing imperialisms past and present forms the subject matter of a special symposium issue of Social Identities under the editorship of Griffith University's Rob McQueen, and UBC's Wes Pue and with contributions from McQueen, Ian Duncanson, Renisa Mawani, David Williams, Emma Cunliffe, Chidi Oguamanam, W. Wesley Pue, Fatou Camara, and Dianne Kirkby. This paper introduces the volume, forthcoming in late 2007. The central problematique of this issue has previously been explored through the 2005 Law's Empire conference, an informal but vibrant postcolonial legal studies network.

Law's Empire

Title Analysing Regulatory Space: Fragmented Resources and Institutional Design Authors(s) Scott, Colin Publication date 2001 Publication information Public Law, : 283-305 Publisher Sweet and Maxwell Item record/more information http://hdl.handle.net/10197/6785 Publisher's statement This is a pre-copy edited, author-produced version of an article accepted for publication in Public Law following peer review. The definitive published version Public Law, Summer, 283-305 is available online on Westlaw UK or from Thomson Reuters DocDel service.

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Analysing regulatory space: fragmented resources and institutional design

Drawing on recent empirical work that considers the relationship between different legal approaches to the ‘problem’ of prostitution, this article argues that the frequently drawn distinction between apparently diametrically opposed positions, such as prohibitionism and legalization, is certainly less significant than is often assumed and may, in fact, be illusory. This lack of distinction raises serious questions as to law's role in regulating sex work. In response to claims that law is ‘merely’ symbolic in its influence, I argue that these similarities arise precisely because law does matter (albeit in a different way from that assumed by a sovereign-centred understanding of the legal complex), and offer a complex and critical account of the role of modern law in regulating sex work. This approach not only more accurately elucidates the ways in which law supports dominant structures, in this case neo-liberalism, but offers some optimism for its (albeit limited) potential to transform.

What's Law Got To Do With it? How and Why Law Matters in the Regulation of Sex Work

This is the complete text of the lecture delivered by the Archbishop of Canterbury at the Royal Courts of Justice on 7 February 2008, under the chairmanship of Lord Phillips of Worth Matravers, the Lord Chief Justice, as the Foundation Lecture in a series of public discussions on ‘Islam in English Law’.1 The lecture seeks to tease out some of the broader issues around the rights of religious groups within a secular state, using sharia as an example and noting the substantial difference between ‘primitivist’ accounts of sharia and those of serious jurists within Islam. The Archbishop discusses the implications of some interpretations of Western secular legal systems, which seek to remove from consideration the actual religious motivations and practices of groups in plural societies. Where the law does not take religious motivation seriously, then it fails to engage with the community in question and opens up real issues of power by the majority over the minority and thus of community cohesion. It examines whether there should be a higher level of attention to religious identity and communal rights in the practice of the law: how to manage the distinction between cultural practices and those arising from genuine religious belief; and what to do about the possibility that a supplementary jurisdiction could have the effect of reinforcing in minority communities some of the most repressive or retrograde elements in them, with particularly serious consequences for the role and liberties of women. Is a monopolistic approach to a legal system a satisfactory basis for a modern pluralistic and democratic state? Might there be room for ‘overlapping jurisdictions’, in which individuals can choose in certain limited areas whether to seek justice under one system or another? If we are to think intelligently about the relations between Islam and British law, we need a fair amount of ‘deconstruction’ of crude oppositions and mythologies, whether of the nature of sharia or of the nature of the Enlightenment. Following the text of the lecture is a transcript of the Question and Answer session which followed.

Civil and Religious Law in England: A Religious Perspective

........................................................................................................................................ iii! Lay Summary............................................................................................................................... iv! Preface.............................................................................................................................................v! Table of

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Overlapping criminal offences and gendered violence : what is overlap and when is it part of the problem of overcriminalisation?

1. Introduction THE AIMS OF PUNISHMENT 2. Justifying Punishment 3. Recognition and Choice 4. Against Desert 5. The Limits of Communication MEANS, MOTIVATIONS, AND ENDS 6. Defending the Means Principle 7. Wrongdoing and Motivation PERMISSIBILITY, HARM, AND SELF-DEFENCE 8. Choice, Responsibility, and Permissible Harm 9. Conflicts and Permissibility 10. Mistakes and Self-Defence 11. Responsibility and Self-Defence PUNISHMENT AND THE DUTIES OF OFFENDERS 12. Punishment as a Remedy 13. State Punishment 14. Protection Against Punishment 15. Proportionate Punishment

The Ends of Harm: The Moral Foundations of Criminal Law

This article attempts to re-establish the importance of Foucault's work for an understanding of the way in which modem law operates. This argument has two stages. Firstly, there is a critique of the interpretation of Foucault's work by legal and sociological thinkers. It is argued that by reading the term 'juridical' as synonymous with the term 'law' in Foucault, people miss the substance of Foucault's argument. The term juridical describes an arrangement and a representation of power rather than the law. This is made clear through a critique of J. S. Mill's On Liberty which is shown to make a juridical distinction between power and a free space of action which is unsustainable. Secondly, Foucault's genealogy of power relations is recast from the perspective of a legal theoretician. Foucault's history of power relations is constructed from historical differences in the mode of operation of power and discourse. By analysing these differences and their relationship to the mode of operation of law, an account of the place of modem law in Foucault's genealogy is established. Modem law operates between Foucault's concepts of government and discipline. It provides a key way in which government decisions can adjust the relationships between disciplinary institutions. This introduces the idea that law begins to operate in the perspective of the complete lives of individuals rather than just to prevent certain actions. Law, then, operates in accordance with what Foucault calls 'bio-power'.

Between Governance and Discipline: The Law and Michel Foucault

This book seeks to develop a normative theory of the criminal trial as a way of defending the importance of trials in our criminal justice system.

The Trial on Trial: Volume 3: Towards a Normative Theory of the Criminal Trial

The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences?

The sixth volume in the series offers a philosophical investigation of the relationship between moral wrongdoing and criminalization. Considering they justification of punishment, the nature of harm, the importance of autonomy, inchoate wrongdoing, the role of consent, and the role of the state, the book provides an account of the nature of moral wrong doing, the sources of wrong doing, why wrong doing is the central target of the criminal law, and the ways in which criminalization of non-wrongful conduct might be permissible.

Victor Tadros

Papers

The Ends of Harm: The Moral Foundations of Criminal Law

Between Governance and Discipline: The Law and Michel Foucault

The Trial on Trial: Volume 3: Towards a Normative Theory of the Criminal Trial

Wrongs and Crimes

Poverty and Criminal Responsibility