ROUTLEDGE HANDBOOK OF SOCIO-LEGAL THEORY AND METHODS Drawing on a range of approaches from the social sciences and humanities, this handbook explores theoretical and empirical perspectives that address the articulation of law in society, and the social character of the rule of law. The vast field of socio-legal studies provides multiple lenses through which law can be considered. Rather than seeking to define the field of socio-legal studies, this book takes up the experiences of researchers within the field. First-hand accounts of socio-legal research projects allow the reader to engage with diverse theoretical and methodological approaches within this fluid interdisciplinary area. The book provides a rich resource for those interested in deepening their understanding of the variety of theories and methods available when law is studied in its broadest social context, as well as setting those within the history of the socio-legal movement. The chapters consider multiple disciplinary lenses – including femin- ism, anthropology and sociology – as well as a variety of methodologies, including: narra- tive, visual and spatial, psychological, economic and epidemiological approaches. Moreover, these are applied in a range of substantive contexts such as online hate speech, environmen- tal law, biotechnology, research in post-conflict situations, race and LGBT+ lawyers. The handbook brings together younger contributors and some of the best-known names in the socio-legal field. It offers a fresh perspective on the past, present and future of socio- legal studies that will appeal to students and scholars with relevant interests in a range of subjects, including law, sociology and politics. NaomiCreutzfeldtandMarcMasonarebasedinthelawschoolattheUniversityofWestminster; KirstenMcConnachieisbasedinthelawschoolattheUniversityofEastAnglia. ROUTLEDGE HANDBOOK OF SOCIO-LEGAL THEORY AND METHODS Edited by Naomi Creutzfeldt, Marc Mason and Kirsten McConnachie Firstpublished2020 byRoutledge 2ParkSquare,MiltonPark,Abingdon,OxonOX144RN andbyRoutledge 52VanderbiltAvenue,NewYork,NY10017 RoutledgeisanimprintoftheTaylor&FrancisGroup,aninformabusiness AGlasshousebook ©2020selectionandeditorialmatter,NaomiCreutzfeldt,MarcMasonandKirstenMcConnachie;individual chapters,thecontributors TherightofNaomiCreutzfeldt,MarcMasonandKirstenMcConnachietobeidentifiedastheauthorsofthe editorialmaterial,andoftheauthorsfortheirindividualchapters,hasbeenassertedinaccordancewithsections 77and78oftheCopyright,DesignsandPatentsAct1988. WiththeexceptionofChapter7,nopartofthisbookmaybereprintedorreproducedorutilisedinanyformor byanyelectronic,mechanical,orothermeans,nowknownorhereafterinvented,includingphotocopyingand recording,orinanyinformationstorageorretrievalsystem,withoutpermissioninwritingfromthepublishers. Chapter7ofthisbookisavailableforfreeinPDFformatasOpenAccessfromtheindividualproductpageat www.routledge.com.IthasbeenmadeavailableunderaCreativeCommonsAttribution-NonCommercial-No Derivatives4.0license. Trademarknotice:Productorcorporatenamesmaybetrademarksorregisteredtrademarks,andareusedonlyfor identificationandexplanationwithoutintenttoinfringe. BritishLibraryCataloguing-in-PublicationData AcataloguerecordforthisbookisavailablefromtheBritishLibrary LibraryofCongressCataloging-in-PublicationData Names:Creutzfeldt,Naomi,1974-editor.|Mason,Marc(Lawteacher),editor.|McConnachie,Kirsten,editor. Title:Routledgehandbookofsocio-legaltheoryandmethods/editedbyNaomiCreutzfeldt,MarcMasonand KirstenMcConnachie. Description:Abingdon,Oxon;NewYork,NY:Routledge,2019. Identifiers:LCCN2019014614(print)|LCCN2019017548(ebook)| ISBN9781138592902(ebk)|ISBN9781138592902(hbk) Subjects:LCSH:Sociologicaljurisprudence. Classification:LCCK376(ebook)|LCCK376.R682019(print)|DDC340/.115–dc23 LCrecordavailableathttps://lccn.loc.gov/2019014614 ISBN:978-1-138-59290-2(hbk) ISBN:978-0-429-95281-4(ebk) TypesetinBembo bySwales&Willis,Exeter,Devon,UK WethankMikeLeachandSamuelBandafortheircreativeinterpretationof socio-legalstudiesonthecoverimage. CONTENTS Listofcontributors viii PARTI Approachingsocio-legalstudies 1 1 Socio-legaltheoryandmethods:introduction 3 NaomiCreutzfeldt,MarcMasonandKirstenMcConnachie 2 Traditionsofstudyingthesocialandthelegal:ashortintroduction totheinstitutionalandintellectualdevelopmentofsocio-legalstudies 9 NaomiCreutzfeldt 3 Usesandabusesofsocio-legalstudies 35 CarrieMenkel-Meadow 4 Thewhyandhowtoofconductingasocio-legalempirical researchproject 58 LisaWebley 5 Writingbeyonddistinctions 70 AndreasPhilippopoulos-Mihalopoulos 6 Doingcritical-socio-legaltheory 83 MargaretDavies 7 ‘Indefensibleandirresponsible’:interdisciplinarity,truthand#reviewer2 97 EmilieCloatreandDaveCowan v Contents 8 Ethicalawarenessandsocio-legalresearchintheUK 110 VictoriaBrooks 9 Onobjectivityandstaying‘native’:researchingLGBTQI+lawyers asaqueerlawyer 123 MarcMason 10 Thepoliticsofresearchimpact:aScottishcasestudy 136 KathMurray PARTII Disciplinaryandtheoreticalrelationships 147 11 Lawandsociology 149 SharynRoachAnleuandKathyMack 12 Lawandsocialpsychologymethods 162 RebeccaHollander-Blumoff 13 Socio-legalstudiesandeconomics 179 RichardCraven 14 Lawandanthropology 193 KirstenMcConnachie 15 Doing‘lawin/anddevelopment’:theoretical,methodological andethicalreflections 206 JenniferLander 16 Qualitativedataandthechallengesofinterpretationintransitional justiceresearch 220 BrionyJones 17 Readinglawspatially 232 AntoniaLayard 18 Legalconceptsinflux:thesocialconstructionoflegalmeaning 244 MaayanRavidandAliceSchneider 19 Feministapproachestosocio-legalstudies 260 RosemaryHunter vi Contents 20 Intersectionalityastheoryandmethod:humanrightsadjudication bytheEuropeanCourtofHumanRights 273 CharlotteHelenSkeet PARTIII Methodologicalchoices 287 21 Encounteringthearchive:researchingrace,racialisationandthe deathpenaltyinEnglandandWales,1900–65 289 LizzieSealandAlexaNeale 22 Law,theenvironmentandnarrativestorytelling 301 AngusNurse 23 Legalaestheticsasvisualmethod 315 ThomasGiddens 24 Acontentanalysisofjudicialdecision-making 329 RichardKirkhamandElizabethA.O’Loughlin 25 Intellectualproperty,biotechnologyandprocesstracing:applying politicalresearchmethodstolegalstudy 342 BenjaminFarrand 26 Experimentsincriminaljusticecontexts 355 JuliaYesbergandBenBradford 27 Legalepidemiology,evidence-informedlawandadministrativedata: newfrontiersinthestudyoffamilyjustice 369 MatthewA.Jay 28 Socio-legalapproachestoonlinehatespeech 385 NicoleStremlauandIginioGagliardone Index 399 vii CONTRIBUTORS Ben Bradford is Professor of Global City Policing at the Jill Dando Institute for Security and Crime Science, University College London. His research concentrates on procedural justice theory, and questions of trust and legitimacy in criminal justice contexts. Victoria Brooks is Lecturer in Law at the University of Westminster. She is a writer and researcher on sexual ethics, and her book Fucking Law: The Search for Her Sexual Ethics is published by Zero Books (2019). Victoria experiments with philosophy and writing to com- municate the experience of women’s sexuality, while also using academic research methods that examine personal experience and what it can tell us about ethics and laws relating to sex. Victoria has published academic papers, book chapters and media articles on the theme of the body, sex and law. Emilie Cloatre is a Professor of Law at the University of Kent. Her research focuses on the relationship between law and ‘science in society’, and in particular between law and medical practices. She is currently Principal Investigator on a Wellcome Investigator Award entitled, ‘Law, Knowledges and the Making of “Modern” Healthcare’, and co-Investigator on an ESRC project entitled ‘Biomedicine and Beyond: The Social and Regulatory Dimen- sions of Therapeutics in Japan and the UK’. Dave Cowan works at the University of Bristol and researches housing and property issues from a socio-legal perspective. Richard Craven is a lecturer at the University of Leicester where he teaches administrative law and competition law. Richard’s research studies economic regulation, specifically in relation to the regulation of government procurement in the United Kingdom and Euro- pean Union. His research is socio-legal, using qualitative empirical methods and engaging with socio-legal theory and economic sociology. Naomi Creutzfeldt is a Reader in Law at the University of Westminster. She teaches public law, civil and commercial dispute resolution and socio-legal research methods. Her interests in ADR, as pathways of informal dispute resolution, have a broader scope, address- ing questions of access to justice, vulnerability and consumer protection. Her latest book is Ombudsmen and ADR (Palgrave, 2018). viii Contributors Margaret Davies is Matthew Flinders Distinguished Professor at Flinders University. She is a Fellow of the Academy of Social Sciences in Australia, Fellow of the Australian Academy of Law, and author of five books on legal theory and the philosophy of property. Her latest book is Law Unlimited: Materialism, Pluralism, and Legal Theory (2017). Benjamin Farrand is Reader in Law and Emerging Technologies at Newcastle University. He works on the interplay between law and politics in the regulation of new technologies and writes about security, lobbying and policy development in areas of uncertainty, with recent works including articles on emerging approaches to counterfeit control on the Inter- net, comparative approaches on biotechnology regulation in the EU and China, and the pri- vate regulation of cybersecurity. Iginio Gagliardone is Senior Lecturer in Media and Communication at the University of the Witwatersrand, South Africa, and is Associate Research Fellow in New Media and Human Rights in the Programme in Comparative Media Law and Policy, University of Oxford. He holds a PhD from the London School of Economics and Political Science and has been living between Italy, Ethiopia, the UK and South Africa, researching the relation- ship between new media, political change and human development, and exploring the emergence of distinctive models of the information society in the Global South. His most recent publications include The Politics of Technology in Africa (Cambridge University Press), and World Trends in Freedom of Expression and Media Development (UNESCO Publishing). His latest book is China, Africa, and the Future of the Internet (Zed Books, 2019). Thomas Giddens is Lecturer in Law at the University of Dundee in Scotland. He is a critical, comics and cultural legal scholar, with particular interests in visuality, aesthetics and epistemology. He is author of On Comics and Legal Aesthetics (Routledge, 2018), found- ing chair of the Graphic Justice Research Alliance and a member of the Editorial Commit- tee for Law and Humanities. Rebecca Hollander-Blumoff is a Professor of Law at Washington University School of Law in St. Louis, Missouri. Professor Hollander-Blumoff’s research focuses on law and psychology in the context of dispute resolution. Her interdisciplinary perspective on legal dispute resolution uses psychological research and insights to better understand the role of legal actors, systems and norms. She also explores the relationship between human behaviour and dispute resolution systems, particularly in the context of legal negotiation and civil pro- cedure. Professor Hollander-Blumoff previously served as the Chair of the Executive Com- mittee of the Association of American Law Schools’ Section on Civil Procedure. In addition to her undergraduate and law degrees from Harvard University, Professor Hollander- Blumoff holds a PhD in social psychology from New York University, where she formerly served as an acting assistant professor in the Lawyering Program, as well as a research fellow at the Institute of Judicial Administration. Professor Hollander-Blumoff has been a Visiting Professor of Law at Notre Dame Law School and Harvard Law School. Rosemary Hunter is Professor of Law and Socio-Legal Studies at the University of Kent. She is a general editor of the Edward Elgar Research Handbooks in Law and Society and the Onati International Series in Law and Society, a Board Member of the Onati Inter- national Institute for the Sociology of Law and former Chair of the Socio-Legal Studies Association. She was one of the organisers of the English, Australian and New Zealand Feminist Judgments Projects and has also supported other feminist judgment projects around the world. ix