Comment les professionnels du droit et de la médecine construisent-ils, au tribunal, le statut légal et l’état mental des patients, et comment ces derniers participent-ils à ces constructions? Cet article s’appuie sur l’analyse de 300 audiences à Paris et à New York, au cours desquelles des personnes hospitalisées sans consentement demandent leur sortie. Dans les deux villes, les tribunaux rejettent la grande majorité des requêtes. Ils le font en mobilisant, selon des modalités propres à chaque système, des répertoires juridiques et des capacités de contrôle qui transforment les patients en différents types de sujets utilisables: des personnes dont les droits sont formellement pris en compte à l’audience, mais qui sont néanmoins classées comme nécessitant les interventions sans consentement que la psychiatrie a les moyens d’assurer. À Paris, les professionnels du droit insistent sur les garanties procédurales tout en s’en remettant aux évaluations médicales du consentement des patients, entendu comme une disposition sous-jacente à accepter un traitement au long cours. À New York, les avocats contestent plus directement l’expertise psychiatrique, mais négocient avec médecins et patients autour de la compliance, comprise comme une acceptation de court terme de la médication. L’article propose ainsi de déplacer le regard des figures de sujets autonomes que les dispositifs médico-légaux et sociaux hybrides prétendent produire vers des formes plus contingentes et situées de sujets utilisables, qui rendent possible la coopération professionnelle et le traitement institutionnel dans un contexte de ressources limitées et d’extension des droits des patients.

After performing an abortion in 1973, Dr. Kenneth Edelin was indicted and convicted of manslaughter. Dr. Edelin’s conviction was reversed 50 years ago. However, the conflict between the medical and legal systems, the use of abortion prosecution to control patients and providers, and the framing of a fetus as a person feel just as relevant to today’s abortion landscape.

The relationship between political science and sociolegal scholarship is, at it’s best, a constitutive one. This essay argues that the two fields of study have taken turns illuminating important aspects of law, politics, and social life – responding, in turn, to the theoretical and empirical findings of each other. Law and Society scholarship, in particular, presses political scientists to rethink their foundational assumptions about the rule of law, the power of institutions, and the meaning of judicial decision-making and processes. Some of this rethinking may result, as we posited on the panel which gave rise to this work, in a fruitful “undisciplining” of the field, and re-imagining of the political.

Constitutional democracies face significant threats. Such threats are countered by various theories of militant democracy and non-militant democratic self-defence, using a wide range of repressive, educational and social policy tools. The article introduces an alternative perspective on democratic self-defence policies, emphasising integration as a key component in maintaining the resilience of the constitutional community and draws on Rudolf Smend’s integration theory. It explores how constitutional design through its structures, powers, procedures, rituals and symbols shapes community cohesion and strengthens the constitutional order by deliberately using emotions.

This essay examines how Law and Society approaches have transformed historical analysis by reconceptualizing law as constitutive of social reality rather than as an isolated formal system. Tracing this methodological revolution from 1960s American legal history through scholars like J. Willard Hurst and Lawrence Friedman to 1990s legal consciousness studies by Patricia Ewick, Susan Silbey and Sally Engle Merry, the essay demonstrates how these frameworks reveal law as lived experience operating through documentary practices and administrative procedures rather than overt coercion. Through examples from British colonial Singapore and Hong Kong, the analysis shows how legal mechanisms normalized authority, how marginalized subjects strategically navigated plural legal systems and how legal transformations eventually became invisible within naturalized landscapes. Law and Society approaches provide historians with three crucial innovations: revealing agency through strategic legal engagement, reconceptualizing power as operating through capillary networks of documentation, and reframing historical transformation as gradual reconfiguration of legal categories that denaturalizes what appears inevitable.

This article argues that the changes to the tort of private nuisance introduced by the Supreme Court in Fearn v Tate Gallery [2023] UKSC 4 necessitate reconsideration of three areas of uncertainty created by its earlier decision in Coventry v Lawrence [2014] UKSC 13: the principles governing the assessment of locality, the status and content of “coming to the nuisance”, and the exercise of remedial discretion. The decision in Fearn v Tate Gallery significantly increases the importance of these unresolved issues to the workability of the tort, thus intensifying the need for clarification. This article concludes by proposing Fearn-compliant paths towards their resolution.

Academia, though not immediately associated with preserving humanity in war, has been instrumental in advancing international humanitarian law (IHL). Since the 1864 Geneva Convention, scholars have supported the International Committee of the Red Cross (ICRC) by promoting IHL, researching it, and helping the law develop. In a world facing 130 armed conflicts, rising polarization and dehumanization, and a paradoxical mix of interest in and disillusionment with IHL, academia’s role is more vital than ever. Despite its contributions, however, limited scholarship exists on how academia has supported the ICRC in preserving humanity in war by contributing to IHL. How has academia promoted this body of law? How has research strengthened IHL as the cornerstone legal framework that it is today? What role have academics played in its normative development? This article explores these questions, examining academia’s endeavours to promote IHL through education, advocacy and public engagement; its research efforts to consolidate IHL, clarifying it and supporting its implementation; and its contributions to IHL’s development, from involvement in treaty-making to proposing new norms. The piece also calls for reforms in IHL education to enhance its impact, advocates for multidisciplinary and ethical research focused on compliance and other pressing issues, and urges greater inclusion of academia in structures and processes aimed at developing the law. Finally, the article concludes by issuing a call to action for States, universities and academics, and outlining pathways to collectively strengthen IHL and uphold humanity in war.

The creation of the Administrative Review Tribunal represents a critical redesign of Australia’s federal administrative review system. In this article, we draw on a novel dataset from the Kaldor Centre Data Lab to question the government’s justifications for retaining separate codified procedures and other restrictive rules for the new tribunal’s migration and protection jurisdictions. Our data analysis reveals that historically, there is no evidence that the codification of procedures increases the efficiency or certainty of decision-making. This approach may in fact have the opposite effect, contributing to both inefficiencies and unfairness for applicants. The government’s decision to retain separate procedures for migration and protection applicants represents a missed opportunity and may undermine the new tribunal’s objectives.

In recent years, we have seen an immense expansion in recombinant DNA, especially in its use in gene therapy applications. Throughout its history, the United States set up several mechanisms of national safety and ethical oversight for rDNA to ensure that we proceeded with its use appropriately. As our knowledge and experience with it grew, there has been increasing pressure to decrease the oversight and monitoring requirements for its use. In 2019, the National Institutes of Health amended the NIH Guidelines for Research Involving Recombinant DNA Molecules eliminated three national mechanisms for guidance, monitoring, and review of this biotechnology. Four years later, we revisit these changes and their implications for a current emerging biotechnology: xenotransplantation. By better understanding the motivations for these mechanisms and analyzing the test case, we argue that these changes have worrisome implications for our ethical oversight of emerging biotechnologies both in the realm of gene transfer technologies and beyond.

Botanical supplements occupy a regulatory grey area between food and medicine within the European Union, a situation that has given rise to a series of interrelated challenges. This paper highlights regulatory dysfunctions across several dimensions: definitional voids in EU food law, unclear food–medicine classification boundaries, fragmented market access rules, and inadequate safety monitoring systems. These regulatory gaps impose costs on business operators, restrict consumer access, and result in uneven protection across Member States. The article also focuses on safety concerns, which are, however only one element of this broader puzzle. To address such systemic difficulties, the paper proposes the introduction of harmonised pre-market notification and post-market surveillance mechanisms, with a specific focus on botanical supplements. These measures could help reconcile market accessibility with stronger consumer protection while supporting innovation. Admittedly, they may not resolve all regulatory challenges, particularly the thousands of health claims that remain on hold. Nevertheless, they might offer a practical foundation for addressing long-term, often overlooked safety concerns related to botanicals. It remains to be seen whether they could also contribute to resolving the interconnected regulatory issues in this sector, potentially paving the way for broader reform.