What does it mean to think about trust as a legal scholar? From one perspective, there comes the broad question of why people trust or mistrust the law as it pertains to their lives and communities. Although there is no shortage of analytical angles from which to examine this question, to configure trust in relation to the lives of people and their communities is to broadly think about trust as a broad social phenomenon. That is because law is all-pervasive in structuring the social relations that shape the lives of individuals and their communities. On this basis, the multi-faceted traditions of ‘law and society’ and ‘socio-legal studies’ must become relevant for selecting the appropriate methods for exploring trust and trusting in relation to the law.

This article draws on Roger Cotterrell’s framework for the sociological interpretation of the concept of trust to expound on, via examples from an empirical project in South Africa, methods for the empirical study of an informal environmental economy. Three distinct challenges encountered during fieldwork on the informal waste economy in South Africa are used to make a case for more robust empirical research methods – positionality, observation and the production of a documentary film, a non-traditional output. Each challenge concerns the relationship of trust between researcher and research respondent. The article concludes that these challenges can be addressed and managed via the appropriate socio-legal methodological framework. The article’s findings will have relevance for those embarking on an empirical study of the informal environmental economy, and for those interested in socio-legal methodology more generally.

This article brings Cotterrell’s legal concept of community based on trust-based interactions in social life to expand the critical horizons of economic sociology of law (ESL) in its analytical, normative and empirical aspects for law and development in Africa. Dominant law and economics approaches sometimes see informal economic activity as an aberration and/or an obstacle in development. This article proposes an alternative way of looking at informality in development in Africa through the lens of ESL. As part of wider social life, economic life is about social interactions in production, exchange, distribution and consumption while legal life is about social relations in and under the law. Furthermore, ‘legal and economic life shape and are shaped by each other, as well as by the wider social, and more-than-human, world’. This calls for a framework that reconceptualises law in ways that are inclusive of the many state, social, economic and other normative orders such as informal economic activity in African societies that are continually interacting as part of wider social life.

Building on Roger Cotterrell’s call to theorise the law of trusts in relation to trust as an all-pervasive sociopolitical phenomenon, we explore the interplay between these two concepts of trust in relation to the rise of neoliberalism. Here, we centre how the ability of offshore trusts to evade tax/regulatory obligations compromises the ability of sovereign states to build institutions that nurture trust. Historicising this dynamic, we turn to how the rise of a post-imperial world of sovereign states in the context of decolonisation and the Cold War prompted elite interest in transnational legal innovations – especially trusts – that could avoid state-led redistribution efforts. Empowered by various crises, such innovations became central to neoliberal globalisation and its erosion of trust in the sovereign state. Focus on these material dynamics provides a new lens for conceptualising the failure of human rights and anti-corruption projects whose state-centric outlook detracts attention from broader transnational forces.

This article argues that modern trust law has undergone a radical global transformation while remaining largely absent from democratic debate, a condition the article terms trust law’s ‘permissive invisibility’. The article traces how trust law’s origins in equity entrenched a judge-centric, normatively charged but socially insulated doctrinal culture, which proved increasingly permissive as trusts were repurposed for regulatory arbitrage in an era of transnational financial capitalism. The article then shows how legislative reform was critically enabled by trust law’s particularly low public salience but inverted, high salience among the owners and operators of concentrated capital. The recursive force of this judicial and legislative permissiveness has now normalised antisocial innovations such as perpetual and massively discretionary trusts. The article concludes by calling for empirically grounded, critical socio-legal study in the tradition articulated by Roger Cotterrell as a necessary precondition for any democratically credible trust law reform agenda.

This article proposes to centre economic inequality when introducing trusts to law students. The subject is reputedly tedious and gruelling. This can only be compounded, as economic inequality intensifies, by the experiential distance between underprivileged students and the world of trusts. Yet their career prospects, and potential contributions to reducing inequality, can benefit from understanding trusts. The need to engage students in learning the subject, therefore, warrants attention. This article offers a four-step method aimed at promoting engagement by introducing the subject within the context of the familiar social problem of drastic economic inequality. It constructs this method by drawing from Roger Cotterrell’s critical and socio-legal consciousness about trusts.

This article reviews Roger Cotterrell’s landmark paper, ‘Trusting in Law: Legal and Moral Concepts of Trust’. That paper identified a shift from a moral conception of trusteeship based on the notion of a settlor reposing personal trust in a trustee, to an amoral systems-based conception of trusteeship, in which personal entrustment is largely absent. This article examines contractualised trusts, containing widely drawn exemption clauses, which commonly underpin commercial arrangements. It identifies two developments which have the potential to limit the amorality of the contractualised trust. The first is a reaffirmation of the existence of a non-excludable core of fiduciary obligations. The other is an enhanced understanding of the trustee’s accountability, owed to the court as well as to the beneficiaries, for the due administration of the trust. The developments demonstrate that equity has the resources to overcome contractual overreach in trusts law.

Despite the social, political and personal importance of contentious death investigation, medico-legal autopsies have received scant socio-legal attention. By extending understanding of the importance of care for the dead in this context, this article begins to bridge that gap. To do this, I explore original empirical data from interviews with Anatomical Pathology Technologists who both assist during post-mortems and take responsibility for the care of the deceased’s body before and after autopsy. I argue that care is woven throughout their practice and identities. This care is enacted within a complex context of relations and regulations, such that practice can simultaneously be technically and morally ‘good’ (including actions that go beyond what is necessary or mandated). In making this argument, I both extend understandings of care to relationships with the dead, and contribute new insights into the way that coronial justice can, and should, gain legitimacy.

The COVID-19 pandemic brought about changes to almost every aspect of life. Courts were no exception, with the pandemic dramatically increasing the use of virtual court hearings. This paper explores virtual hearings and their impact on therapeutic approaches to judging, which prioritise connection and engagement between judicial officers and participants. While particularly drawing on the experience in Australia and the United Kingdom, the paper draws on broader international research to identify the potential challenges of seeking to conduct therapeutic judging online, but also areas where the virtual environment might improve participants’ therapeutic experience. Further research on this topic is likely to be fruitful, as virtual court hearings become a more entrenched part of court practice. We therefore canvass areas for future research, to enhance the therapeutic potential of the judicial role in a virtual environment.

The global order is undergoing significant transformations with far-reaching implications for international criminal justice. These shifts pose an existential challenge to core crimes accountability while re-shaping its pursuit. As the liberal order recedes, the International Criminal Court (ICC) faces a crisis driven by absolute sovereignty’s reassertion, weakened multilateral governance and increasing political and coercive pressures from powerful states. Simultaneously, these developments promote decentralised accountability, fostering the emergence of a polycentric system of international criminal justice. Trends in re-nationalisation, hybridisation and regionalisation align accountability with a more pluralistic, fluid global order. In this context, the ICC is not obsolete but requires a redefined role. While no longer the apex of international criminal justice, its existence remains crucial to addressing the risks of decentralised accountability. The Court, particularly its Office of the Prosecutor, should reconfigure strategies around positive complementarity, repositioning itself as a co-ordinating hub within this polycentric system.

A new study of the trial of Jesus of Nazareth urges that we turn our attention to the broader imperial context of the trial. Jesus made the local elites in charge of the Roman Empire deeply uncomfortable, and their status as elites - rather than their religion - best explains their response to his ministry.