People with cognitive disabilities face specific forms of discrimination and disadvantage in the criminal justice system, including in legal proceedings. While unfitness-to-stand-trial provisions are intended to assist in avoiding unfair trials, in application, such laws can exacerbate disadvantage. A recent research project sought to increase the participation of accused persons with cognitive disabilities in legal proceedings by developing, implementing and evaluating a model in which disability support workers were embedded in legal services in three Australian jurisdictions. This paper details the findings of a cost–benefit analysis undertaken of that model compared with the common outcomes for accused persons with cognitive disability, including a finding of unfitness to stand trial. The analysis provides evidence of how a tailored programme intervention at a critical point can provide savings in police, courts and custody costs in addition to improving the timeliness and quality of outcomes for people with cognitive disabilities.

Austria's post-World War II transition from two consecutive, abusive regimes (the Austro-fascist and the Nazi regime) to a functioning democracy has not yet been thoroughly assessed through the lens of transitional justice. An evaluation of what could now be dubbed transitional-justice measures shows that Austria was reluctant in accepting its collective responsibility vis-à-vis the victims of World War II. Another defining factor of Austria's transition is that it never encouraged the surviving victims of the Nazi regime to return. An appraisal of Austria's transition in light of the two final ends of transitional justice, namely democracy and reconciliation, culminates in two conclusions: first, Austria attained the goal of democracy but failed with reconciliation; second, the current model of transitional justice is ill-equipped to assess the non-linear course of long-past transitions.

Cultural appropriation is often defined as the ‘taking of intellectual property, cultural expressions or artefacts, history, and ways of knowledge’. Despite this apparent link to intellectual property, legal issues are only rarely mentioned in the current debate. Thus, to start with, this paper aims to fill this gap in identifying the possible bases in existing laws that may, at least in principle, justify claims of unlawful behaviour. As far as ethical considerations are concerned, the paper then notes a deep divide between those who fully endorse the notion of cultural appropriation and those who are resolutely opposed to it. This paper aims to give fair consideration to both sides of the argument, suggesting three categories of potentially unethical conduct. On this basis, the paper finally revisits possible legal responses from a normative perspective.

Children tend to be represented as the quintessential victims of the ‘drug problem’, with drug-using parents, particularly mothers, characterised as vectors of the risks posed. Although evidence of drug use is not per se an impediment to retaining care of, or contact with, children (per Lady Hale in Re B [2013] UKSC 33, at para. 143), it does pose one of the greatest challenges to social and political norms about ‘good parenting’, and often has a powerful impact on decisions about care within UK family courts. While there is a considerable body of scholarship assessing criminal justice responses to drug use, there has been little research into how the family serves as an important site for the constitution of drug harms and the making of ‘drugs’ and ‘addiction’. This paper is informed by qualitative analysis of approximately 150 case reports in which drug use has been cited as relevant in the determination of guardianship/parenting. The purpose will not be to contest the difficult decisions that judges had to make in these cases but, using perspectives rooted in Science and Technology Studies and feminist drug scholarship, to remain attendant to the ontological multiplicity of objects that emerge from attempts to stabilise drug harms in legal narratives.

In this paper, I examine the current geographical location of Portuguese courts and the effects this territorial redefinition has had on the relationships between the justice system and the territories/populations in a context in which external and internal political factors, rather than a mere need to improve the justice system, have played a major role. Such an analysis entails three key elements: the geographic impacts on access to justice, in view of the emblematic presence of the state in the territories, both contrasted with the conflict between specialisation and the proximity of jurisdiction.

Digital financial-inclusion platforms have gained increasing attention as instruments for economic growth that also contribute to development goals such as poverty reduction and gender equality. One of the most acclaimed digital financial platforms to date is M-Pesa (M for mobile, pesa is Swahili for money) in Kenya – a mobile-phone-enabled money-transfer service realised via a public–private partnership between the UK's Department for International Development, Vodafone and its local partner, Safaricom. Since its launch in 2007, M-Pesa has grown at a phenomenal rate and it is now used by over 70 per cent of the Kenyan population. Bringing together socio-legal enquiry, feminist political economy analysis and post-colonial literature, this paper discusses M-Pesa's inclusionary regulatory arrangements and examines their implications for gender equality. It shows that, while these arrangements contribute to including women in the formal financial system, they fail to adopt the redistributive measures necessary to address the gendered socio-economic disadvantages that cause and reproduce financial exclusion.

Women's domestic work is largely deemed to be a ‘labour of love’ and lacking any value outside the private family. This reflects an ‘ideology of domesticity’, whereby women's natural place is deemed to be in an imagined private sphere. In this paper, I examine the status of housework in the context of asserting property rights in the home upon relationship breakdown. Using Valverde's legal chronotope as a lens, I argue that the ideology of domesticity is not merely present in legal discourse, but also takes on material form through the spatiotemporal ordering of the home. Housework is spatially and temporally concealed behind the powerful veneer of the imagined ideal family home, with corresponding invisibility in the law. For domestic work to be acknowledged, the individual often has to demonstrate that her work transgresses boundaries between private and public. However, as I argue, this transgression is particularly difficult for women, who remain spatiotemporally anchored in the home.

In a context of hyper-diversity and social polarisation, it has been suggested that public parks constitute crucial arenas in which to safeguard deliberative democracy and foster social relations that bind loosely connected strangers. Drawing on empirical research, we offer a more circumspect and nuanced understanding of the – nonetheless vital – role that parks can play in fostering civic norms that support the capacity for living with difference. As ‘spaces apart’, parks have distinctive atmospheres that afford opportunities for convivial encounters in which ‘indifference to difference’ underpins ‘openness to otherness’. As places in which difference is rendered routine and unremarkable, the potency of parks for social cohesion derives from fleeting and unanticipated interactions and the weak ties they promote, rather than strong bonds of community that tend to solidify lines of cultural differentiation. Both by design and unintentionally, regulation and law can serve to foster or constrain the conditions that sustain conviviality.

The current law in England and Wales adopts a no-property approach to cadavers and separated bodily parts; paradoxically, it affords proprietary protection to tissue users at the expense of tissue sources. Non-proprietary frameworks hardly offer effective legal redress to tissue sources. Potentially, the law could offer tissue sources a mix of proprietary and non-proprietary remedies. Drawing from the work of the famous anthropologist, Marilyn Strathern, I argue that such a flexible and eclectic approach might be facilitated by the concept of duplex, an analytical tool that promotes divergent thinking and paradoxical conceptions of a given issue. I argue that while the no-property rule reflects a duplex on bodily parts, the duplex is narrow and ought to be conceptualised more broadly to cover the claims of tissue sources.