The crafty power of text: methods for a sociology of legislative drafting

Grabham, Emily

doi:10.1111/jols.12369

Cited by 4 publications

(3 citation statements)

References 10 publications

(10 reference statements)

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“…Wagner had shown that when ‘used in new ways, symbols are differentiated from their “context”’, in the process becoming individuated as a ‘thing’ that is perceived as a standalone and material object ( Riles, 2005 : 1022). Similarly, Strathern had analysed how this ‘literalization of previously metaphorical conceptual relations’ was a central modernist move of ‘making explicit’ what had been implicit knowledge practices ( Riles, 2005 : 1023; see also Grabham, 2022 : 5–6).…”

Section: Formulating Cosmetics: Registration Prohibition and Regimes ...mentioning

confidence: 99%

Registering Cosmetics? The Constitution of Legal Form and Injurious Substance in Canada (1945–1946)

Tessaro

2023

Social & Legal Studies

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In midcentury Canada, legislative drafters, government lawyers, food and drug officials, and ministers grappled with cosmetics. Faced with constitutional concerns about cosmetic licensing, these actors drafted legislative amendments that would instead require cosmetics to be registered. In contrast to people or land, the registration of products, substances, or things has received little attention in sociolegal scholarship. Building on work investigating law's temporalities and materiality, this account traces how in-formed by the constitutional doctrine that apprehended substances through the legal form of prohibition, cosmetics were rendered in draft legislation as constituted of ingredients that may cause injury. Injury, in this account, is a material-temporal regime. Yet cosmetic injury was neither static nor singular, as it was catalysed differently by distinctive regulatory devices. This is shown by last-minute changes to the bill which retooled cosmetic registration, from an information extraction device for anticipating future harms, into a recording device for capturing latent harms.

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Section: Formulating Cosmetics: Registration Prohibition and Regimes ...mentioning

confidence: 99%

Registering Cosmetics? The Constitution of Legal Form and Injurious Substance in Canada (1945–1946)

Tessaro

2023

Social & Legal Studies

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“…This refl ects a general lack of interest in the question of what constitutes the legal in socio-legal studies, an issue that Cowan and Wincott (2005) argue has been lost in the eternal search for the social in socio-legal studies. Scholars such as Riles (2005) have also encouraged socio-legal scholars to take more seriously the work that legal technicalities and ways of thinking do (but see for instance, Grabham 2016;2022). The more fundamental issue of what is legal also raises questions about the extent to which there is any such a thing as a legal methodology or methods which can withstand the rigorous standards set by other social science disciplines.…”

Section: Concluding Thoughts: the Debate Continuesmentioning

confidence: 99%

In Conversation with Reza: Theory and Method in Socio-Legal Research

Mulcahy¹

2023

Combining the Legal and the Social in Sociology of Law

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“…This reflects a general lack of interest in the question of what constitutes the legal in socio-legal studies, an issue that Cowan and Wincott (2005) argue has been lost in the eternal search for the social in socio-legal studies. Scholars such as Riles (2005) have also encouraged socio-legal scholars to take more seriously the work that legal technicalities and ways of thinking do (but see for instance, Grabham 2016;. The more fundamental issue of what is legal also raises questions about the extent to which there is any such a thing as a legal methodology or methods which can withstand the rigorous standards set by other social science disciplines.…”

Section: Concluding Thoughts: the Debate Continuesmentioning

confidence: 99%

Combining the Legal and the Social in Sociology of Law

2023

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This open access book pays homage to Reza Banakar, who passed away in August 2020, exploring the many different areas of socio-legal research that he worked on and influenced. It begins with a summary of his career and explains how he sparked a debate on the identity and aims of legal sociology.The book is then split into five sections which look at theory, methods and interdisciplinarity, legal culture, law and sociology of law, and applied sociology of law. As well as honouring Reza Banakar's memory and unique thinking, the book aims to advance the sociology of law by demonstrating the interconnectedness of the legal and the social from a broad range of perspectives.

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The crafty power of text: methods for a sociology of legislative drafting

Abstract: The version in the Kent Academic Repository may differ from the final published version. Users are advised to check http://kar.kent.ac.uk for the status of the paper. Users should always cite the published version of record.

Cited by 4 publications

References 10 publications

Registering Cosmetics? The Constitution of Legal Form and Injurious Substance in Canada (1945–1946)

Registering Cosmetics? The Constitution of Legal Form and Injurious Substance in Canada (1945–1946)

In Conversation with Reza: Theory and Method in Socio-Legal Research

Combining the Legal and the Social in Sociology of Law

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