Sociology of Law Research Seminars - Hollow human rights? The dissenting consciousness of migrant-applicants from Russia before the European Court of Human Rights
The Sociology of Law Department arranges a series of research seminars inviting both local and international researchers who are conducting state of the arts research within various areas of law and society.
UCL School of Slavonic and East European Studies, University College London
This paper conceptualises dissenting consciousness based on a qualitative study of migrants’ everyday experiences of pursuing claims before the European Court of Human Rights (ECtHR) from Russia. Dissent as a theoretical concept is traced to judicial literature and modern social conflict theories. Dissenting consciousness heuristically captures a degree of agency rooted in the critique of state law as illegitimate, yet short of active resistance. To do this I draw on recent orientations around legal consciousness – also developed and inspired by Reza Banakar. I particularly rely on the specific concepts of ‘under the law’ legal consciousness, legal fatalism, and alienation, as they come useful to unpack the binary between resistance and fatalism about the law, as core to this orientation of legality. Dissenting consciousness of migrants-litigants airs voices of challenge to the mainstream and complicates the overall picture of Russia as the subversive stories told by the past applicants before the ECtHR have a pluralising effect of injecting the political regime with alternative interpretations of facts and events.
Agnieszka Kubal is an interdisciplinary socio-legal, migration and human rights scholar with area studies interest in Central Eastern Europe and Russia. She is the author of two monographs: Socio-legal Integration. Polish post-2004 EU Enlargement Migrants in the UK (2012) and Immigration and Refugee Law in Russia. Socio-Legal Perspectives (2019). Together with Marina Kurkchiyan, Dr Kubal co-edited a volume on Sociology of Justice in Russia (2018) acclaimed by the critics as 'the most analytically sophisticated and empirically rich volume ever produced on the everyday operation of the Russian legal system.'
Dr Kubal's current research 'Who are the humans behind Human Rights?' explores the everyday experiences of pursuing human rights claims before the European Court of Human Rights from Central and Eastern Europe. She was awarded research grants by the British Academy, John Fell OUP Fund and the Pilecki Institute in Poland.
This is a digital seminar. Follow this link at 13:00 (UTC+2) on May 12 to join.
12 maj 2021 13:00 till 14:00
The seminar will be conducted digitally on Zoom. Details in event description.
marie [dot] leth-espensen [at] soclaw [dot] lu [dot] se