- Research Article
- 10.1177/17438721251414707
- Mar 9, 2026
- Law, Culture and the Humanities
- Max M Houck
The phenomenon of “evidence fetishism” in forensic science is defined as treating physical traces as having inherent meaning, separate from necessary interpretation. Drawing on Marxist, semiotic, Freudian, and Ginzburgian theories, the analysis explains how forensic traces gain authority in science and law. The discussion illustrates how evidence becomes its own testimony in court, arguing that this is a structural issue within forensic institutions, not individual error. This “forensic fetish” removes uncertainty by making the trace seem to “speak.” The analysis calls for a focus on interpretation in forensic science to achieve more epistemically responsible approaches that acknowledge uncertainty while maintaining rigor.
- Research Article
- 10.1177/17438721261420052
- Feb 22, 2026
- Law, Culture and the Humanities
- Ratan Sarkar + 1 more
- Research Article
- 10.1177/17438721261419501
- Feb 22, 2026
- Law, Culture and the Humanities
- Kelly Bescherer
Over the past several decades, immigration authorities in Germany have framed ‘unclarified identity’ as a problem, calling for increasingly complicated methodologies to make migrant bodies legible to state deportation efforts. These efforts include technical devices and information infrastructures, such as fingerprint scanners or databases, but also specific administrative logics, such as the in-between status of the Duldung Light ‘for persons without a clarified identity’, a suspended deportation status that pressures individuals to attend embassy hearings or reveal their identity documents by imposing sanctions such as a ban from employment and a severe reduction of social benefits. This article traces the emergence of the Duldung Light and explores the political function of connected forms of state sanctioning, some aimed at controlling larger movements by discouraging migration, others aimed at pressuring individuals to perform nationality. The findings additionally point to at times contradictory logics within state efforts to produce and manage deportability.
- Research Article
- 10.1177/17438721261415858
- Feb 12, 2026
- Law, Culture and the Humanities
- Maria Tzanakopoulou
The article argues that constitutionalism and populism are fundamentally antithetical, contending that conflict-driven populism offers greater potential for egalitarian politics than consensus-oriented constitutionalism. Through an examination of early English and British radical movements—the Levellers and the Chartists—as well as of the establishment of the notion of public opinion from the eighteenth century onwards, the article demonstrates how reliance on the constitution, as idiom and strategic horizon, constrained political imagination, normalized conflict, and ultimately limited demands for social transformation. Drawing on Tom Nairn’s and other progressive historians’ work, the article suggests that constitutional frameworks suppress class antagonism, whereas progressive populism can revitalize political agency. It concludes that a more openly conflictual, populist orientation may have advanced working-class interests more effectively than entrenched constitutional discourse.
- Research Article
- 10.1177/17438721261421994
- Feb 1, 2026
- Law, Culture and the Humanities
- Austin Sarat
- Research Article
- 10.1177/17438721251403047
- Jan 26, 2026
- Law, Culture and the Humanities
- Katherine Anne Gilbert
Drawing on Zadie Smith’s suggestion in her novel, The Fraud (2023), that we share Victorians’ interest in fraudulent figures, this essay argues that we have much in common with Victorians when it comes to anxieties around personation and fraud. Beginning with a discussion of the Tichborne case, the Cleveland Street Scandal, and W. T. Stead’s “Maiden Tribute,” this essay theorizes the ways that anxieties around personation and new forms of reporting operated in a circuit of sensationalized response. In a post-internet iteration of Victorian experience, such circuits are used by multiple actors not necessarily to reveal personation, fraud, and crime, but to distract from and even create it.
- Research Article
- 10.1177/17438721251397989
- Dec 20, 2025
- Law, Culture and the Humanities
- Darrion A Walker
Originalists urge courts to exercise judicial restraint over activism when deciding cases. Despite judicial restraint’s association with conservative philosophy, the Supreme Court majority rejected long-established precedent in the Dobbs decision, overturning Roe v. Wade . In this essay, I argue that the Court rationalized its rejection of stare decisis using a rhetoric of originalist mythic rationalization , a technique allowing conservative justices to redefine the law by rationalizing their radical action as judicial modesty.
- Research Article
- 10.1177/17438721251393506
- Nov 29, 2025
- Law, Culture and the Humanities
- Nixon Doudoute + 1 more
The Trial furnishes a diagnostic lens—opacity (epistemic), arbitrariness (normative), alienation (experiential)—for assessing AI-mediated governance in law and administration. Using literary hermeneutics, critical legal theory, and normative jurisprudence, the article maps this grid onto three emblematic systems—COMPAS (US), Chinook (Canada), and China’s social credit—showing how “black-box” procedures displace judgment, entrench structural bias, and erode due process. It evaluates partial remedies in the EU AI Act, GDPR, and UNESCO’s AI Ethics Recommendation, and specifies safeguards centered on transparency, contestability, accountability, and dignity (TCAD). The article concludes by flagging risks from large language models—fabricated citations, provenance-free drafting, and bias propagation—and by outlining TCAD-aligned controls to preserve agency and legal recognition in the age of algorithmic justice.
- Research Article
- 10.1177/17438721251393190
- Nov 29, 2025
- Law, Culture and the Humanities
- Lorenzo Alunni
Contemporary borders are constituted by various forms of knowledge, including legal, technological, geographical, and military, among others. This contribution is based on the exploration of one of those specific sets of knowledge: the medical and clinical one. Through extensive ethnographic fieldwork on the island of Lampedusa, in the middle of the deadly Central Mediterranean route, this analysis examines its medical apparatus and its ambiguous role as a political and legal tool in border management. In particular, the article focuses on a limited yet crucial space: the military pier of Lampedusa reserved for the disembarkation of arriving migrants and their medical inspection.
- Research Article
- 10.1177/17438721251389430
- Nov 6, 2025
- Law, Culture and the Humanities
- Hamide Bagçeci
This study explores how ceremonies, rituals, and symbols function in constitution-making as instruments through which constituent power gains legitimacy and social acceptance. While constituent power is often seen as an extra-legal force, its endurance depends not only on legal norms but also on cultural performance. Practices such as public oaths, anthems, and ceremonial readings consecrate the new order, making visible the link between popular will and political authority. Far from mere spectacle, these acts inscribe constitutional moments into collective memory and shape future political belonging. Drawing on law, political science, and cultural anthropology, the study highlights the constitutive role of symbolic practices in producing constitutional order.