Call for contributions to edited volume

International Sign

British Sign Language

Editors:
Dr Rob Wilks Cardiff University, Wales, UK rob@robwilks.com	Dr Dai O’Brien York St John University, England, UK d.obrien@yorksj.ac.uk

Introduction

The editors would like to invite contributions from both legal and non-legal scholars exposing areas of law as they relate to deaf people and Deaf communities on a national, supranational or intergovernmental level.

It is intended that this edited volume will be a global collaboration, and we especially invite contributions by deaf and hearing scholars and activists who work with/in Deaf communities from the global South, Indigenous territories and non-academic contexts.

We value diverse perspectives and inclusivity yet must address language challenges. Regrettably, due to resource constraints, we can only accept contributions in English. We acknowledge the impact of this decision on contributors not proficient in English and would encourage any potential contributors not able to do so to contact us in the first instance.

What is Deaf Legal Theory?

Deaf Legal Theory (DLT), a term coined by Bryan and Emery (2014), is defined as ‘how the law seeks to frame Deaf people’ (p. 37). DLT is a new concept in the field of study known as ‘jurisprudence,’ that is, various critical approaches to law through which a critical examination of legal systems can be made.

Bryan and Emery (2014, p. 56) argue that for ‘Deaf jurisprudence’ to develop, the current underpinnings of law that are based on incomplete assumptions that need to be exposed, for example: dependency, incomplete abilities, language deficiency, homogeneity and unhappiness. In order to do so, DLT needs to be applied to particular aspects of the law. DLT delves into the legal issues associated with the lived experiences of Deaf communities, acknowledging the distinctive cultural, linguistic, and social perspectives that affect their interactions within legal systems.

How to apply DLT

In order to apply DLT to a legal system or area of law of your choosing, the ‘DLT Method’ should be engaged in order to determine the extent of ‘hearing-subjectiveness’ by considering the following elements:

The frame of understanding within society in relation to deaf people (e.g. deaf people, the health and medical profession, charities, hearing people).
What assumptions have been made regarding deaf people in the shaping of the law (e.g. using the medical or social model of disability, or the language minority model)?
The participation of deaf people in the shaping of the law and/or policy (e.g. was there meaningful consultation with the Deaf community on their own terms).
To what extent has society imposed its cultural order on deaf people in relation to the law (e.g. hearing culture, other cultures)?
The application of the law to deaf people (e.g. the relevant legal principles and how they or should be applied to deaf people)?
The impact the law has on deaf people and their allies.
Do deaf people experience further oppression rather than liberation or are they afforded rights (e.g. does the law reinforce the status quo or does it portray deaf people on their own terms)?
What do we learn about how the law can and should bring deaf people within its purview?

Of course, each of these eight points must be considered within the specific context (legal, social and historical) of the deaf communities and legal systems you are writing about. You should avoid making decontextualised assumptions or conclusions and instead focus on rooting your analysis carefully in the specific social conditions you are investigating.

When this process is applied to a legal system or area of law, the result should be that incomplete assumptions are exposed, and ‘Deaf jurisprudence’ is further expanded.

The edited volume aims to bring together a number of exposés with the objective of bringing DLT to the attention of legal and deaf studies scholars world-wide as a theoretical perspective to be applied to any legal study that involves deaf people.

Exposés

This is a brand new area of study and an exciting opportunity to build on the following UK-centric work: human fertilisation and embryology in the UK (Bryan & Emery, 2014), equality law in the UK (Wilks, 2020), deaf education in Scotland and Wales (Wilks & O’Neill, 2022) and the role of sign language interpreters and translators (Wilks, 2022).

Exposés could include:

Criminal justice and prisons – the experiences of deaf people in criminal justice systems and of being incarcerated or rehabilitated.
Deaf education.
Equality and anti-discrimination law – national anti-discrimination law or supranational or intergovernmental law as they apply to specific jurisdictions.
Health and social care, including mental health.
Language law and policy – sign language recognition, the European Charter for Regional and Minority Language and sign languages, etc.
Legal interpreting.
Politics – elections, participation and consultation etc.
Social security and welfare benefits – disability benefits, communication vouchers, access to work schemes, etc.

This list is not exhaustive, and we welcome other ideas as to how DLT can be applied. Chapters can vary in focus from an overview of a particular context (e.g. deaf experiences of prisons generally), to focusing more closely on a specific element (e.g. deaf experiences of parole from prison).

Jurisdictions

There are no limitations on what jurisdictions can be covered by each exposé. As well as national law, contributions focusing on supranational law (such as the European Union or International Labour Organisation) and intergovernmental law (such as the United Nations or Council of Europe) are welcome.

Timeframes

The book Developing Deaf Legal Theory is expected to be submitted to the publisher by the summer of 2025.

A proposed timeline is below:-

Interested scholars and practitioners should send an abstract of 500 words and their short bio (250 words) to rob@robwilks.com by 30 January 2024.
Invitations to contribute to the edited volume will be made by 31 March 2024. Following this, the editors will submit a proposal to the publisher.
The deadline for the submission of chapters will be 30 November 2024.
The editors will review each chapter and contributors will be informed of any changes to be made by 28 February 2025.
Final submission of chapters to be made by 31 May 2025, and the editors will submit the manuscript to the publisher by 31 July 2025.

Summary of timeline for contributors

Submit abstracts	30 January 2024
Notification of acceptance	31 March 2024
Submit full chapter	30 November 2024
Review notification	28 February 2025
Final submission	31 May 2025

More information

More information about DLT can be found on this website: https://deaflegaltheory.wordpress.com.

Any queries should be directed to rob@robwilks.com.

References

Bryan, A., & Emery, S. (2014). The Case for Deaf Legal Theory Through the Eyes of Deaf Gain. In H.-D. L. Bauman & J. J. Murray (Eds.), Deaf Gain: Raising the Stakes for Human Diversity (pp. 37–62). University of Minnesota Press.
Wilks, R. (2020). Making Equality Law Work for Deaf People. Doctoral Thesis, University of Leicester.
Wilks, R. (2022). Developing Deaf jurisprudence: The role of interpreters and translators. In C. Stone, R. Adam, R. M. de Quadros, & C. Rathmann (Eds.), Routledge Handbook of Sign Language Translation and Interpreting (pp. 249–266). Routledge.
Wilks, R., & O’Neill, R. (2022). Deaf Education in Scotland and Wales: Attitudes to British Sign Language in deaf education compared to Gaelic and Welsh. Retrieved from https://blogs.ed.ac.uk/deafeducation