La justice sociale dans la jurisprudence au Royaume-Uni

This chapter surveys the extent to which UK courts have developed the concept of social justice. It focuses on decisions reached in the areas of equality, welfare law, education, and health care, and concludes with a consideration of the extent to which UK judges consider that individuals should take personal responsibility for their own well-being.

Lessons from 'The Wire': Epistemological Reflections on the Practice of Sociological Research

Recent debates and controversies have highlighted several issues surrounding sociological research, which relate to the general conditions under which it is undertaken and how this is changing. There is a pressing need to respond to these issues as a whole, in particular by examining what they tell us about research practices. This article argues that a consideration of themes raised by the American television drama The Wire is useful for facilitating such a response, since it may be read as a discussion of working conditions within neoliberal societies. The following themes are pertinent here: the need to reflect upon the terms by which research is framed by funders, to take adequate time to conduct and complete research, and to encourage critical debate within research. Whilst these relate to influential epistemological discussions by Pierre Bourdieu and Michael Burawoy, this reading of The Wire is particularly helpful for highlighting the practical and inter-relational situations in which sociological research is carried out but which tend not to receive the systematic attention they deserve.

ECJ Fundamental Rights Jurisprudence between Member States' Prerogatives and Citizens' Autonomy

This chapter provides an analysis of the European Court of Justice's Fundamental Rights Jurisprudence, focused on the potential of Member States to maintain any positive regulatory role in supporting citizens' autonomy on the one hand, and on the impact of the Court's case law on citizens' opportunities to actually enjoy human rights within societies (substantive autonomy). It first sketches the notion of autonomy which is proposed as base of fundamental rights protection and promotion within a social reality characterized by not democratically legitimated dominance based on wealth and economic power. It proceeds to contextualize ECJ case law on fundamental rights. This section starts with a quantitative appetizer, which will formalize some assumptions and test them on a total of 150 cases before the European judiciary. The paper then offers a more conceptual recount around fundamental rights to equality and non-discrimination on the one hand and around fundamental rights of workers to actively shape employment and labor relations on the other hand. In conclusion some suggestions are made of how ECJ fundamental rights doctrine could develop more positively in order to moderate diverging interests of different parts of the citizenry in protecting fundamental rights.

Understanding the 'production' of the schooling identities of young working class boys: time to move beyond the sociological/psychological divide?

In recent times the sociology of childhood has played an important role in challenging the dominance of Piagetian models of child development in shaping the way we think about children and childhood. What such work has successfully achieved is to increase our understanding of the socially constructed nature of childhood; the social competence and agency of children; and the diverse nature of children’s lives, reflecting the very different social contexts within which they are located. One of the problems that has tended to be associated with this work, however, is that in its critique of developmentalism it has tended simply to replace one orthodoxy (psychology) with another (sociology) rather than providing the opportunity to transcend this divide. The purpose of this paper is to demonstrate some of the potential ways in which the sociological/psychological divide might be transcended and the benefits of this for understanding, more fully, the ‘production’ of children’s schooling identities. In particular it shows how some of the key sociological insights to be found in the work of Bourdieu may be usefully extended by the work inspired by the developmental psychologist, Vygotsky. The key arguments are illustrated by reference to ethnographic data relating to the schooling experiences and identities of a group of 5-6 year old working class boys.

Gaining ethical approvals to undertake sexual health research with young people in the UK: Applying a 'Children's Rights Based Approach'

This paper (co-written with Dr Maria Lohan, Dr Carmel Kelly & Professor Laura Lundy) will describe the ethical review process to undertake health research in the UK, and explain an approach that can help researchers deal with ethical and methodological dilemmas in their research. Ethical review is necessary to ensure researchers and participants are protected, yet the requirement to ‘pass’ numerous committees may be challenging particularly for health researchers who work with vulnerable groups and sensitive topics. The inclusion of these groups/topics is crucial if health researchers are to understand health disparities and implement appropriate interventions with health benefits for vulnerable populations. It is proposed that to overcome ethical and methodological challenges and pitfalls, researchers must implement strategies that advocate for, and increase the participation of, vulnerable populations in health research. A ‘children’s rights based approach’ using participatory methodology will be described that draws on the jurisprudence of international law, (United Nations Convention on the Rights of the Child, 1989) and provides a framework that may empower ethics committees to carry out their function confidently. The role of the researcher, framed within the context of doctoral level study, will be reviewed in terms of the investment required and benefits of utilising this approach. It will be argued that adopting this approach with vulnerable groups, not only guarantees their meaningful participation in the research process and permits their voices to be heard, but also offers ethics committees an internationally agreed upon legal framework, ratified by their governing States, from which to fulfil their obligations and resolve their ethical dilemmas. Increasing the representation and participation of vulnerable groups in health research can inform the development of health policy and practice based on ‘insider knowledge’ that better engages with and more adequately reflects their specific needs. This is likely to yield numerous health, social and economic benefits for all of society through the delivery of more equitable, effective and sustainable services.