https://opo.iisj.net/index.php/osls/issue/feed Oñati Socio-Legal Series 2024-06-03T09:58:16+02:00 Leire Kortabarria l.kortabarria@iisj.es Open Journal Systems <p>The Oñati Socio-Legal Series (ISSN 2079-5971) is an international peer-reviewed on-line journal which publishes work within the field of law and society. This is broadly defined to include work which makes a significant contribution to the understanding and analysis of law as a set of social institutions, processes, practices or techniques, using any methodologies and approaches from the social sciences and humanities. Oñati Socio-Legal Series is owned and published by the <a href="https://www.iisj.net/en" target="_blank" rel="noopener">Oñati International Institute for the Sociology of Law</a>.</p> <p>Papers are first reviewed at desk and, if pre-accepted, are sent out to double-blind peer-review by at least two external referees.</p> https://opo.iisj.net/index.php/osls/article/view/1775 Right to health during COVID-19 pandemic 2024-02-07T09:32:41+01:00 Giuseppe Ricotta giuseppe.ricotta@uniroma1.it <p>The paper deepens the right to health in COVID-19 pandemic, analyzing itsimpact in terms of social inequalities. The first section introduces concepts drawn fromthe global risk society approach, pointing out some of its limitations for an effectiveanalysis of the forms of social exclusion during the pandemic. The main statement is thatthe logic of inequalities emerged in COVID-19 pandemic can be interpreted moreeffectively in the light of postcolonial and decolonial sociology, with reference to theconcepts of coloniality of power (Quijano) and – specifically – colonial sociability(Santos). The way proposed is bringing into dialogue these concepts along with those ofadvanced marginality and territorial stigmatization (Wacquant). These approaches areuseful in understanding some data on the spread of contagion and deaths due toCOVID-19 in the contexts of Brazil and the United States of America, contagion and deaths that have particularly critically affected specific territories of advancedmarginality and exposed to stigmatization processes. Analyzing specific pathways forterritorial de-stigmatization – the paper also discusses the emancipatory task of asociological analysis of inequalities in COVID-19 pandemic era.</p> 2024-06-03T00:00:00+02:00 Copyright (c) 2023 Giuseppe Ricotta https://opo.iisj.net/index.php/osls/article/view/1766 Functional differentiation of law in pandemic times 2023-07-19T12:09:56+02:00 Germano Schwartz germano.schwartz@me.com Renata Almeida da Costa renata.costa@unilasalle.edu.br <p class="Abstract2020"><span lang="EN-US">Between 2020 and 2023, a period of time assailed by the COVID-19 pandemic, society – as a worldwide social system –experienced a novel kind of communication. The tendency for this communication to exponentially expand is due to the global numbers of people dead, dying or infected. Pandemic communication has arisen in the present to perpetuate itself in all ambiences for every social system around the globe. The health system, in turn, basing itself on the health/disease code, has reacted according to its own logic in the coordination of the actions of doctors. However, the true/false nature of communication arising from questions related to COVID-19 has taken a long time to be tested by the science system. Vaccines and possible treatments for the disease have created issues for political, economic, moral, religious and media matters. The continually expanding trend in pandemic communication has proven that it can hinder the functional differentiation of social systems. Legal communication has not been able to avoid all of the controversy. In the specific case of Law, the problem entails both the judicialization of health and the reverse (where Health becomes Law). Based on the Social Systems Theory Applied to Law, the paper argues that the maintenance of the functional differentiation of the Law system becomes necessary so as for Health not to become Law (and vice versa).</span></p> 2024-06-03T00:00:00+02:00 Copyright (c) 2023 Germano Schwartz, Renata Almeida da Costa https://opo.iisj.net/index.php/osls/article/view/1844 Challenges for the welfare state and the right to health after the pandemic 2023-11-20T14:51:46+01:00 Carmelo Bruni carmelo.bruni@uniroma1.it Matteo Finco FINCOMATTEO@GMAIL.COM <p>The COVID-19 pandemic affected an already critical state of the Italian National Healthcare System and of the Welfare State in general. The aim of this work is to describe how the challenge imposed by pandemic has been faced, and the possible directions that social and health policies could take in the country, also in light of the adoption of the National Recovery and Resilience Plan. Through the analysis of the deep-rooted contradictions in public policies and of the areas where the intervention is more urgent, the work underlines the structural factors which are leading to a progressive shift in the vision of health, from a perspective centred on the role of the State and the protection of the public interest, to one where the role of the private sector and the idea of individual interest are ever stronger, with a consequent change in the balance between economics, legal and political systems.</p> 2024-06-03T00:00:00+02:00 Copyright (c) 2023 Carmelo Bruni, Matteo Finco https://opo.iisj.net/index.php/osls/article/view/1804 Regulation of digital misinformation 2023-07-14T14:56:09+02:00 Marco Antonio Loschiavo Leme de Barros marcoloschiavo@gmail.com Lucas Fucci Amato lucas.amato@usp.br <p class="Abstract2020"><span lang="EN-US">The purpose of this paper is to present a socio-legal approach, mainly based on social systems theory, to the problem of mass disinformation through digital networks and platforms. To this end, the paper analyses fake news as a phenomenon emerging from a structural transformation in the means of communication dissemination, and then focuses on the case of Brazilian regulation on the subject. The guiding hypothesis of the research is that it is possible to identify a package of regulatory learning strategies by the legal system. The text specifically addresses the case of fake news on the subject of health. It notes that, in this field of medical fake news, there is a lack of proposals capable of combining forms of prevention and not only repression of damage.</span></p> 2024-06-03T00:00:00+02:00 Copyright (c) 2023 Marco Antonio Loschiavo Leme de Barros, Lucas Fucci Amato https://opo.iisj.net/index.php/osls/article/view/1743 Citizenship and housing cultures after COVID-19 2023-07-18T11:34:22+02:00 Marina Ciampi marina.ciampi@uniroma1.it Tito Marci tito.marci@uniroma1.it <p>Citizenship appears to us as an incessant constituent process, as a dynamic that is never stabilised, as a continuous development of struggles, conflicts, tensions, relationships, contestations and negotiations between social groups and rulers, between subordinate movements and hegemonic institutions. On this level, we can already understand the city (both conceptually and practically) as a political space that crosses bodies, arranging, placing and dislocating them in a series of interactions and relations that configure sociality and power. It is from these interactions that a process of subjectification (valorisation and qualification) and social de-subjectification is initiated: a process that finds in the urban fabric the prerequisites for political realisation (individual and collective) and for the social recognition of human beings. Beyond the many aspects that accompany this discourse, what we are most interested in emphasising here is the relationship between the idea of citizenship, the exercise of political rights and the cultures of living, which after the state of emergency linked to COVID-19 has redesigned an idea of public health as a form on which to redefine social relations.</p> 2024-06-03T00:00:00+02:00 Copyright (c) 2023 Marina Ciampi, Tito Marci https://opo.iisj.net/index.php/osls/article/view/2002 Legal Mobilization From Above 2024-04-25T15:47:16+02:00 Juliana Jaramillo j.jaramilloj@uniandes.edu.co <p>Although courts are not usually perceived as forums for democratic participation, the existence of legal mechanisms such as amicus curiae briefs has allowed civil society organizations to actively participate in judicial debates. This article examines amicus curiae participation in LGBT rights cases decided by the Colombian Constitutional Court between 1992 and 2022. Based on interviews and a review of norms, rulings, and amicus curiae briefs, I argue that the accessibility of the Court's rules and the presence of justices interested in promoting the participation of non-judicial actors in constitutional debates created legal opportunities that encouraged and shaped amicus curiae participation in LGBT rights litigation. This article contributes to a better understanding of the role that courts can play in legal mobilization and in building a more democratic judicial system.</p> 2024-06-03T00:00:00+02:00 Copyright (c) 2023 Juliana Jaramillo https://opo.iisj.net/index.php/osls/article/view/1984 Do you practice what (E)U preach? 2024-04-25T15:47:19+02:00 Rosanna Amato rosanna.amato@cnr.it <p style="font-weight: 400;">Victims of recurrent crimes, particularly Intimate Partner Violence (IPV) victims, encounter unique challenges with the criminal justice system. The risk of repeat violence and retaliation deters them from engaging with legal processes, emphasising the critical need for effective protection measures in domestic and cross-border contexts. Protection orders, pivotal in preventing further victimisation, primarily operate within the issuing State, which has prompted the European Union to establish legal instruments based on the principle of mutual recognition to extend their applicability beyond national borders. Despite this, these measures are strikingly underused. This article delves into the root causes of this underutilisation and questions the overall usability of these measures by its beneficiaries. It also explores potential legal and non-legal solutions to transform them into a tangible resource for victims of recurring crimes across the EU.</p> <p> </p> 2024-06-03T00:00:00+02:00 Copyright (c) 2023 Rosanna Amato https://opo.iisj.net/index.php/osls/article/view/1989 Challenging the past in Spain 2024-06-03T09:58:13+02:00 Elena Martínez Barahona embarahona@usal.es Mario García Arranz mariogarciacuellar@usal.es <p class="Abstract2020"><span lang="EN-US">In recent decades, Spain has enacted two national laws on historical and democratic memory (in 2007 and 2022), alongside numerous laws at the sub-national level. The significance of these laws goes beyond their symbolic value; they not only contribute to collective memory but also acknowledge the plight of victims. This paper aims to analyze the factors influencing regional regulations on historical and democratic memory in Spain. Our focus will be on the drafting processes, exploring the political factors that shape their approval in different regions. Additionally, we will investigate regions that have yet to enact memory laws to understand the reasons behind the absence of such legislation.</span></p> 2024-06-03T00:00:00+02:00 Copyright (c) 2024 Elena Martínez Barahona, Mario García Arranz https://opo.iisj.net/index.php/osls/article/view/1981 The concept of institution in the theories of Luhmann and Schelsky 2024-06-03T09:58:16+02:00 Santiago Calise c_santiago_g2000@yahoo.com.ar <p>This paper presents a comparative study of Luhmann's and Schelsky's formulations of the concept of institution, with a focus on the fundamental role played by third parties in the emergence of institutions. The authors have different views on the characterization of relevant third parties. Luhmann believes that the institution assumes the presumed opinion of unknown and anonymous third parties based on the assumption that almost everyone assumes, that almost everyone agrees. In contrast, Schelsky's theory states that 'superior third parties' function as the foundation of the legal relationship, assuming the sanction that guarantees personal social relations. Currently, there is a disagreement regarding whether the sanction is an internal function of the institution or another field of the legal system.</p> 2024-06-03T00:00:00+02:00 Copyright (c) 2024 Santiago Calise https://opo.iisj.net/index.php/osls/article/view/2015 Introduction 2024-06-03T09:58:10+02:00 Germano Schwartz germano.schwartz@me.com Matteo Finco matteo.finco@uniroma1.it <p>Today claims relating to health are so common that distinguishing between <em>rights</em> and <em>interests</em> is harder and harder: definitions of health as the one provided by the World Health Organization legitimise the expectation of a continuous improvement in standards of care, access to treatment and measures of prevention. Moreover, with COVID-19 pandemic, health seems to gain the status of a supreme and unquestionable value. Here the hypotheses of a “Healthization of Law” is presented: it indicates both a kind of supremacy of Law on other spheres of society when health (public or individual) is at stake, and also the fact the Law is strongly conditioned by the emergence of health as the highest value to which all spheres of society must orient themselves. Then analysing the relationship between the structural conditions of world society and the semantics of health it is urgent than ever, in order to understand which kind of expectations and claims pandemic legitimised, and how the semantics of health (and wellbeing) describes social structure and its changes.</p> 2024-06-03T00:00:00+02:00 Copyright (c) 2024 Germano Schwartz, Matteo Finco