This paper describes the ways in which, over the past three decades, law has come to serve as an obstacle in the fight against HIV, and how it contributes to the stigmatisation of, and discrimination against, people living with the virus. It argues that in order to make unsafe law safer, policy-makers, legislators and those responsible for the interpretation and enforcement of law must base their HIV response not on populist morality but on the strong evidence base provided by three decades of clinical, scientific and social research. Drawing on that research and the author's own involvement in policy development in this area, it suggests that rights-based arguments are, while important, insufficient as the basis for delivering the changes that are necessary, discusses the difficulties involved in achieving those changes, and argues that legal scholarship and research has an important role to play in HIV activism and combating the global epidemic.

This collection of articles arises from a conference held in Tel Aviv in 2009 at the Concord Research Centre for the Integration of International Law in Israel, School of Law, College of Management Academic Studies. Delegates to the conference came from a variety of professions and areas of expertise and included academics and legal and welfare practitioners. What was common among us, however, was our interest in the international dimensions of both understandings of the family and of the normative systems that define and regulate it. We all believed that understandings of family are situated in and across cultural and economic manifestations of reproduction, dependency and care relations in a global context and that they are regulated in international and regional as much as in domestic law.

Hospitality is a self-contradictory concept. Both inclusionary and exclusionary forces are present at the very threshold of hospitality. This article shows how this contradiction works in the practice of migration law. The author takes a Dutch case, the case of Abdirizaq Salah Sheekh, to reveal the force of this contradiction from the moment the asylum seeker arrives on the territory, all the way through to the end of his story at the European Court of Human Rights. The case is, in fact, a symptomatic indictment of how aliens are treated in the Netherlands and, in a more general sense, in Europe as a whole. This article not only demonstrates how the question of hospitality commences with language − the moment we start communicating with the alien − the author also argues that in the violent collision produced by the the two contradictory demands of hospitality, a new subject is created. Not only is the migration procedure questioned, but also the subject of migration law.

In the popular imagination, legal proceedings and their rules of law are thought of as paths to unalloyed truth. Both practitioners and scholars know this is often not the case because the law is, as are other domains, riddled with fictions. Indeed, the law sometimes borrows fictions from other domains to help it achieve results that would otherwise be unobtainable. One such place is securities law, in which courts in the United States have borrowed the concept of the ‘efficient market’ from economics to make fraud class actions possible. But that concept is – if not wholly – at least in good measure fictional.

The current Italian Penal Code is the direct descendant of the 1930 Rocco Code. Originally a hybrid of authoritarian and liberal elements, but revised and reinterpreted in the postwar Republic, the Code was nevertheless introduced under the Fascists and has not been definitively replaced or renamed. Given such roots, this article argues that the Code's legitimacy can be questioned by considering the significance of the Fascist past in terms of the Code's symbolic, contextually narrative and memorial dimensions. On this basis the article develops a concept of tainted law in order to ground and direct analysis of law in relation to the anti-democratic past, arguing that critical engagement with the connections between law and the darker episodes of twentieth-century politico-legal history is vital to the construction and conservation of democratic legal systems today.

This article discusses the European Union health-care policy from a human rights law point of view. It departs from the analysis of international and European human rights documents in order to identify core elements and principles associated with the right to access health-care services. These elements and principles are then used to distinguish between individualist and communitarian views of health-care rights and to argue that a human rights approach to the right to access health-care services promotes a communitarian view of this right whereas European Union health-care policy has been promoting an individualist view of this right.

This paper draws on historical institutionalism to consider the impact of housing-policy responses following the Grenfell fire on the marginalisation of the social-housing resident. We consider three specific policy responses: reform focused on conditions of rented properties; the social-housing White Paper; and building regulation and building-safety reforms. We suggest that, in historical institutionalist terms, each is part of a matrix of reform in which understandings of the social-housing resident play a critical role. We argue that rather than the fire provoking a paradigm shift in the recognition that government accords to the ignored and stigmatised citizens who live in social housing, the policy initiatives to date indicate a much more limited adjustment of policy within a normal frame. We suggest that this is because housing policy is dominated by a consumerist ideology that is self-reinforcing and ignores the social, economic and political complexity of tenure.

German sociology of law has developed along a peculiar path which is still shaping its development today. Unlike other special areas of sociology that extended sociologists' inquiry to new fields, the sociology of law was founded mainly by lawyers in the early twentieth century as a tool for enhanced professional practice. The sociology of law became part of a struggle over the academic identity of jurisprudence. This first wave of German sociology of law was then overshadowed by a second wave in the 1960s and 1970s along the lines of legal reform and radical scholarship. Today, the sociology of law in Germany is receiving renewed interest under the labels of empirical legal research and of inter- and transdisciplinarity, and scholars are to a large degree still driven by political interests.

This paper examines the relationship between law and compassion from the perspective of two diverse scholars. For philosopher Emmanuel Levinas, rejecting the idea homo homini lupus, there can simply be no organised society but for a primordial, unauthorised, human vocation for compassion (egoism and violence, for him, are nothing but attempts to repress this). Levinas, however, must be understood, as speaking of compassion not in the usual sense, that is as involving a human capacity for, and cultures of, empathy; he defines it, rather, in phenomenological terms, as an irreducible excess of affectivity for the ultimately meaningless suffering of another, beyond all theodicy and causality, whom one is ethically commanded to offer succour to as if s/he is a ‘higher’ and absolutely unique Other, prior to any comparison and judgment. General legal principles and rigorous rules, Natural Justice and positive law are equally ‘born’ of such an-archic, individuated, compassion for which one can only retroactively account. Justice is ‘born’ as one attempts to justify to third parties why one's care benefits some but not others; the paper argues that this perspective is preferable to prioritising empathic compassion over law for it binds compassion with responsibility. Turning to Giorgio Agamben, the role of compassion takes on a darker character; his historicised investigations of the ‘Western-Christian’ paradigm shows how the Greek and Roman legal principles of epieikeia and aequitas merged with the Christian postulates of God-dictated philanthropy and ‘divine economy’ (Gr: oikonomia), leading to – instead of ethical anarchy followed by with infinite responsibility (Levinas) – anomie, legal exceptionalism and social control via patronage and other biopolitical practices to spectacles of compassion. This suggests that what Levinas calls ‘ethical anarchy’ has been captured by economic rationality and endless processes of anomic management that are equally free of ethical constraints as they are from legal and political decision. With reference to contemporary examples from the ‘law and emotion’ debates, medical laws and humanitarianism, the paper asks the reader to ponder upon the importance, if any, of Levinas's thesis in a world where the expediency of managerial rationality, the secular heir of divine oikonomia, prevails over moral, legal and political principle.

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Personal Action Plans (PAPs) have been used to encourage client self-management within healthcare services, and are a novel innovation within legal services. This paper examines the use of PAPs by publicly funded family lawyers in England and Wales. It was intended that PAPs were written collaboratively between lawyers and clients in order to assist clients to clarify and resolve issues independently, and aid referrals to other service providers. Whereas self-management initiatives work best when service providers take a client-aligned approach, our research demonstrates that the PAPs were used as a means of managing clients’ expectations. We conclude by suggesting that while PAPs and other forms of self-management tools may work well in healthcare, they have limited potential in the provision of legal services for family law clients.

Crowd equity funding is a type of crowdfunding that allows companies to obtain seed or other capital through small equity investments from a large range of investors via an online portal. This form of finance has been viewed as a way to remedy the shortfall of capital for small and medium enterprises. As a result, a number of countries such as the US, Italy and New Zealand have promoted this form of finance. Accordingly, the paper first considers the reasons behind the rise of crowd equity funding on government agendas around the world. It then focuses on the Australian setting, by highlighting the different proposals that have been put forward to introduce legislation friendlier to crowd equity funding. The aim is to view the extent to which the proposed models provide the right balance between investor protection and entrepreneurship.

Spain is one of the few countries in the EU where Islam has had a historical role in the social and cultural construction of its identity. However, its modern history is marked by acts of repudiation of non-Christian cultures. Opinion polls indicate that certain groups of immigrants from North Africa, Latin America and Eastern Europe, but mainly Muslims, are considered to be incompatible with the popular conception of Spanish identity. The reason for this perception is related to the social construction of the immigrant as the ‘other to govern’ by political, academic and media discourses. The aim of this paper is to demonstrate that immigration law also plays a fundamental role in this strategy of ‘orientalisation’, namely the attribution of certain qualities to immigrant groups (illegal, antisocial, criminal, inassimilable, terrorist), the aim of which is to legitimise the selective control of immigration. The Spanish immigration and citizenship regime contributes to the construction of otherness, and therefore to the political and legal (re)definition of what ‘being Spanish’ means.

It is no surprise that development institutions and actors have taken to indicators with such enthusiasm. Where indicators are both a form of knowledge production and simultaneously a technology of governance, they are a form of soft powers that allow such actors to set the standards for what it is to be developed in the twenty-first century. Such measures of civilisation have been dominant throughout a history of Global North–South encounters: measurement was central to the many forms of colonial control, from map-making to craniometry, to the global ‘discovery’ of poverty in the 1940s. This paper seeks to place development indicators in this colonial context by focusing on the issue of comparability or the global claim that underpins global development indicators.

Legislators around the world are grappling with the question of whether or not the criminal law should be deployed in order to punish HIV transmission that is the result of voluntary sexual encounters between competent, consenting adults. A few years ago, when I was working in South Africa, that country’s Law Reform Commission proposed to declare HIV transmissions that are the result of voluntary sexual encounters among competent consenting adults a criminal offence that ought to fall under the category of rape (Schüklenk, 2003). Rape and voluntariness do not go too well together, so – not being a lawyer – I was surprised about the seemingly otherworldly machinations of legal minds in the context of HIV/AIDS. Matthew Weait points out in his book Intimacy and Responsibility: The Criminalisation of HIV Transmission that many liberal democracies have made HIV transmission a criminal offence, among these Canada, Sweden, Germany, Norway, Denmark, the Netherlands, the UK and many others. In most countries, HIV infected people who demonstrably knew about their infection have been successfully prosecuted for transmitting HIV to their sexual partners.

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.

This paper examines how deportation became a solution to rough sleeping in pre-Brexit England. It identifies relationships between the social regulation of vulnerable and marginalised adults, contemporary governance arrangements and bordering practices characteristic of Britain's ‘hostile environment’. Drawing on media reports and grey organisational literature, the focus of discussion is events across 2015–2018 in which three London-based charities were criticised for working with the Home Office to deport homeless migrants under its European Economic Area Administrative Removal policy. The overall tenor of criticism was that collaboration with the government compromised the organisations’ independence and charitable missions and aims. This diminished their capacity to both advocate for vulnerable adults and effectively challenge oppressive state practices. The paper observes how state and nonprofit relations structure institutional and socio-legal responses to marginalised and ‘othered’ adults through commissioning and contracting mechanisms. It demonstrates that the social and legal control of homeless migrants may be differently constituted by institutions delivering services in relation to citizenship, vulnerability and marginalisation. This analysis incorporates a broader appraisal of institutional motivations, values and beliefs in social welfare delivery, including the historic role of charitable agencies in the criminalisation of social welfare users. Taken together, the paper offers an interdisciplinary critique of the relationships between border control, neoliberal governance and the sociocultural and historic construction of homeless migrants.

As part of the ‘War on Terror’ declared in response to the 11 September 2001 attacks, countries introduced legislation to bolster national security, often at the expense of personal freedoms and long-established legal principles. Like the Cold War, the ‘War on Terror’ is cast as a global struggle of good against evil. New Zealand defied Cold War logic with its anti-nuclear policy. Examining the difficulties of upholding personal freedoms and the rule of law while bolstering national security, this article analyses New Zealand's anti-terrorism legislation and shows that it has steadily moved away from its initial measured approach. It argues that New Zealand could and should develop an anti-terrorism model appropriate to low-risk societies, and that, like its anti-nuclear stance during the Cold War, such an independent approach would be a valuable contribution to the world community.