Sortuz: Oñati Journal of Emergent Socio-Legal Studies

Becoming a caregiver and the use of parental leave in Uruguay

Daiana Torres Vargas, Cecilia Montes Maldonado, Laura López-Gallego — Wed, 30 Apr 2025 00:00:00 +0200

We analyze the performative aspects that constitute masculinities as caregivers by understanding the senses and meanings of incorporating the new parental subsidy legislation. The methodological design is qualitative and the method used is narrative production. The encounters are conducted through in-depth interviews with five men who took parental leave. The results focus on the analysis of three categories that make up and allow us to understand how a man becomes a caregiver: assumption of responsibilities, virility-affect/emotion and power relations. We conclude that becoming a caregiver involves a subjective transformation and various affective-emotional exercises in order to perform co-responsibility. Parental leave demonstrates the importance of strengthening care as the fourth pillar of social welfare.

Responsibility of State for wrongful conviction

Federico Urtubey — Wed, 30 Apr 2025 00:00:00 +0200

Within the legal system of Argentina, if an individual is confined by preventive detention before trial, it is possible to sue a judicial claim against the State if he or she can prove that such measure was unreasonably prolonged, or if it was illegitimate. This would be a case of jurisdictional responsibility of the State based on prolonged or illegitimate preventive imprisonment. The purpose of this article is to analyze two judicial decisions that resolve claims of this type, trying to shed some light on the argumentative construction developed by the judges when accepting or rejecting the lawsuits. This analysis allows access to the judges' perspectives on the State's jurisdictional activity, the role of criminal justice and the social background of the plaintiffs. The novelty of this approach lies in the fact that other studies on the topic of preventive detention emphasize issues of criminal policy or the functioning of the criminal justice system, while the focus here is on trials involving subsequent financial reparations. Thus, this perspective articulates the fields of legal sociology, law and Discourse Analysis studies.

The criminalization of the rondero-peasant patrols in Peru as a case of institutional violence by the State

Wed, 30 Apr 2025 00:00:00 +0200

This research intends to analyse the causes of the lack of recognition, by the ordinary Peruvian justice system, of the rondero-peasant jurisdiction's decisions. In this sense, this piece of work will examine the manner by means of which this lack of recognition translates itself into the criminalisation of the ronderos themselves who, when attempting to sanction the criminal offenses which take place within their own communities, end up being subject to criminal proceedings brought by the ordinary courts. Given such circumstance, this article will argue that the latter course of action will explain the institutional violence that the Peruvian state itself deploys against the peasant groups, as such state ignores various international instruments provisions that, as such, guarantee the peasant jurisdictional autonomy. To this end, this paper will examine the jurisprudential and normative guidelines, both national and international, that protect such rights. To this end, departing from the inductive method, this article will appeal to the theoretical framework of the legal pluralism school.

Beyond participation in politics

Jolanta Sawicka — Wed, 30 Apr 2025 00:00:00 +0200

In recent decades, the Catalan philosopher Marina Garcés has been carrying out a peculiar approach to the phenomenon of political participation from a position that is very critical of the established system; probably, the interest of her theoretical reflection lies in the contribution she makes of a personal element of committed activism combined with the academic analysis of this issue. In this article I dissect the nuances with which Marina Garcés understands that citizen participation in democratic institutional avenues is not enough to develop the meaning of politics (and with it, the meaning of one's own existence, which citizens must re-appropriate in order to take the capacity to decide for themselves). Beyond participation, which hides a passive consideration of the voter as a mere elector among the offers available in the voting market (thanks to the equation between capitalism and democracy, between market and politics), Garcés outlines the need for active involvement, for a commitment based on the consideration of the common good as a project of solidarity transformation in which we are obliged to put all our capacity for knowledge, affection and imagination to transform relations between human beings by using the powerful instrument that is education.

The protection of the right to housing during the Spanish mortgage crisis

Rodrigo Blanca-Quesada — Wed, 30 Apr 2025 00:00:00 +0200

This paper aims to draw some lessons on the responsiveness of the Spanish guarantee system in crisis contexts. It does so by studying the protection granted to mortgage debtors in the years following the financial crash of 2008. It will analyse one of the decisive legal milestones of the period, Order 113/2011, by which the Constitutional Court ratified the compatibility of the summary nature of the foreclosure procedure with the non-infringement of the right to effective judicial protection and the right to housing. With this decision, the Court will exclude from the mortgage litigation the potential affectation of the right to housing, contributing to the erosion and emptying of its content. At the same time, this decision can be considered decisive in explaining the shift, by lawyers and the judiciary, towards consumer law and the Court of Justice of the European Union, as practically the only way to achieve some degree of protection for families subjected to foreclosure proceedings during the crisis. Based on this case, the final conclusions share a reading of the Constitutional Court's response from the perspective of neoliberal normative reason, and its possible consequences when it comes to making the values, principles and rights of Social Constitutionalism effective.

Persisting values in changing times?

Vincent Hösi — Wed, 30 Apr 2025 00:00:00 +0200

This paper examines the integration of environmental sustainability within Mondragon Corporation, focusing on its cooperative Orbea. While both hold various environmental certifications, this research critically analyzes their reporting and practices to assess the authenticity of their efforts. The study reveals a trajectory towards incorporating sustainability language into Mondragon's communications, as well as a lack of transparency and measurable data to support its claims. This makes it difficult to assess the true depth of Mondragon's commitment to sustainability and raises concerns about potential greenwashing. This study contributes to socio-legal research, by examining corporate social responsibility within cooperative models, where social accountability expectations are high. It stresses the importance of transparency, measurable data, and stakeholder engagement to ensure sustainability efforts are meaningful. By focusing on Mondragon, this research provides insights into the complexities of corporate sustainability within cooperatives and emphasizes the need for increased accountability and transparency in corporate sustainability reporting.

Majority bias in legal politics

Sukirno, Aga Natalis — Wed, 30 Apr 2025 00:00:00 +0200

Scholars have extensively studied discriminatory recognition of local religions; however, few have emphasised proposing solutions using legal politics as an approach. This study aims to identify the legal politics underlying the legislation on the recognition of local religions of customary communities and its implications for services in obtaining citizenship documents, such as identity cards, family cards, marriage certificates, and birth certificates. Using a socio-legal method, this research was conducted in six customary communities practising the local religions/beliefs of Sunda Wiwitan in West Java province and Adam in Central Java province as the primary data sources. Meanwhile, secondary data was gathered from three ministries and the Department of Population and Civil Registration in six districts. The results showed that the presence of majority bias-based legal politics in the legislation resulted in discrimination against local believers in acquiring citizenship documents in Indonesia. These discriminations are experienced by four communities that still adhere purely to their local religions.

Judicial perceptions on working time

Madalena Cid Teles, Paula Casaleiro — Wed, 30 Apr 2025 00:00:00 +0200

Judicial systems across different jurisdictions and regions of the world have, in recent years, been subject to judicial reforms that have reconfigured the way judges work. Although they are not considered to be typical workers and studies on judges' working conditions are not very common, the few studies that do exist point to widespread dissatisfaction among judges with their working time, which is characterized by a fast pace of work and permanent work outside of conventional working hours, a result of the high volume of cases and the need to meet procedural deadlines. This article aims to look at working time quality and intensity of judges based on the perceptions of Portuguese judges working in first instance courts, in general and specialised courts, collected through a survey. The results point to differences in the perceptions of working intensity and quality between judges from general and specialised courts, as well as individual sociodemographic characteristics, such as gender, age and years of service.

Green criminology: Critical, interdisciplinary and generally welcoming to newcomers

Vaclav Walach, Petr Kupka — Wed, 30 Apr 2025 00:00:00 +0200

This interview introduces green criminology as a vital approach to the study of crime, victimization and its control. It brings together two established scholars, Anna Di Ronco and Nigel South, who share their views on a range of topics, from personal reasons for engaging in green criminology and its position of green criminology in mainstream and critical criminology, to the different forms of green criminology (political economy versus cultural approaches), and possible solutions to green crimes and harms. The interview concludes with their thoughts on the public role of criminologists today.

Fake news: Between censorship and freedom of expression

Wed, 30 Apr 2025 00:00:00 +0200

This article aims to analyze the growing problem of fake news in the digital age, highlighting its negative impact on public opinion and the manipulation of information for personal gain. The dissemination of such news is often justified under the right to freedom of expression, creating a conflict between this right and the rights to personality and information. The regulation of fake news is crucial in combating disinformation, focusing on the challenge of addressing its consequences without infringing on freedom of expression or resorting to censorship. The study also examines the phenomena of disinformation and post-truth, which undermine the Democratic Rule of Law. It explores the need for regulation in Brazil, emphasizing the boundaries that must be respected to preserve democracy and constitutional freedoms, and to what extent fake news can be interpreted as an expression of freedom by those who propagate it. The study adopts a hypothetical-deductive approach, using bibliographic and case law research, along with official data, to support its conclusions.

Early childhood education

Wed, 30 Apr 2025 00:00:00 +0200

This article discusses the impact of fake news on education, highlighting how the dissemination of false information affects students' critical thinking, especially in the school environment. The relevance and justification for this study are directly linked to the increasing presence of fake news in contemporary society, particularly in the educational context. The spread of false information, driven by the internet and social media, has significant impacts, especially among children and young people, who are more susceptible to sharing unverified news. In this sense, the general objective of this study is to analyze the relationship between the dissemination of fake news and the educational process, investigating how the lack of critical awareness about false information in schools impacts students' development and their capacity for discernment and logical reasoning, as well as the role of law in regulation. To this end, the deductive method was adopted, associated with a bibliographic review and qualitative data analysis. In conclusion, it was pointed out that the dissemination of fake news represents a growing challenge for education, especially in the school context, as the lack of critical awareness of the fake news phenomenon can compromise students' education, impairing their analytical abilities and decision-making. Therefore, it is essential that schools adopt educational strategies, such as the implementation of media literacy and the promotion of discussions on information discernment, to strengthen students' critical thinking and prepare them to confront disinformation.

The spiral of violence

Alexandre Costa, Elizandra Sartin Cais — Wed, 30 Apr 2025 00:00:00 +0200

The criminalization of fake news within Brazilian legislation, highlighting its insufficiency in addressing the rapid dissemination of false information and its negative societal impacts, forms the premise of this article. Fake news is crafted to deceive and manipulate opinions, foster intolerance, hatred, and misinformation. The post-truth phenomenon, characterized by the acceptance of falsehoods, amplifies the credibility of fake news by undermining the pursuit of truth in shaping public opinion. This study emphasizes that the proliferation of fake news transcends the bounds of freedom of expression, presenting a pressing issue of social responsibility due to its detrimental effects on social cohesion within a democratic context. The lack of verification of shared information leads to severe consequences, exacerbating polarization and violence, and poses significant challenges in both legal and social domains. The objective of this exploration is to expose the harms caused by fake news, understand its effects on contemporary society, and discuss the necessity of specific legislation to define and penalize crimes related to misinformation. Employing exploratory and descriptive methods, this research seeks to address the challenges posed by this phenomenon in the Brazilian legal framework, offering reflections to mitigate its impacts.

Actions and omissions of the federal government during the pandemic

Maria Clara Passetti, Lúcio Willian Mota Siqueira, Ana Júlia Miranda — Wed, 30 Apr 2025 00:00:00 +0200

The article analyzes the measures and positions of the Brazilian government during the SARS-CoV-2 pandemic, highlighting the absence of national guidelines and the confusing communication that prevailed. The research emphasizes how political-ideological discourse has overlapped with scientific information, resulting in a capture of public consciousness and the dissemination of fake News. He argues that this situation generated a "post-truth", where beliefs and emotions influenced the perception of reality, leading to a politicization of public health. The analysis concludes that the government's negligence in following the guidelines of experts and the lack of transparency in death data contributed to distrust in official information, perpetuating a distorted reality. Finally, the article highlights the importance of responsible media education in combating misinformation, proposing that the lessons learned during the pandemic should be utilized to strengthen health systems and ensure a more effective response to future health crises.

Indigenous peoples of Brazil and Japan

Carlos Henrique Perini Miranda, Felipe Nicolau Pimentel Alamino — Wed, 30 Apr 2025 00:00:00 +0200

This study compares the assimilation policies adopted by Japan towards the Ainu people with similar policies implemented by Brazil towards indigenous peoples, especially the Yanomami. Although Brazil and Japan are separated by vast geographical distances and have distinct cultural histories, both countries share similar experiences in their treatment of indigenous peoples. The comparative analysis of these experiences reveals common patterns of assimilation and acculturation, highlighting how norms were used to promote the forced incorporation of indigenous peoples into dominant cultures, resulting in significant impacts on the social and cultural dynamics of both nations.

Introduction: Fake News, Democracy, and Law – Contemporary Challenges

Izabela Zonato Villas Boas, Leire Kortabarria — Wed, 30 Apr 2025 00:00:00 +0200