Academic literature on the topic 'Law and society and socio-legal research'
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Journal articles on the topic "Law and society and socio-legal research"
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Arthurs, H. W. "Every Whichway: New Directions for Canadian Socio-Legal Research." Canadian journal of law and society 1 (1986): 1–4. http://dx.doi.org/10.1017/s0829320100000971.
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Barely three years ago, as chairman of the SSHRC's Consultative Group on Research and Education in Law, I released a report entitled Law and Learning. This report — in its diagnosis hardly more than a systematic compilation and empirical verification of “what we knew but could not tell” — contained a series of recommendations for the invigoration of Canadian legal scholarship. Several of these recommendations related to the need to diversify the types of legal research being conducted, to strengthen the research community by the development of networks and centres of activity, and to communicate the results of new research endeavours to relevant professional audiences, as well as to the public. For me, therefore, the establishment of the Canadian Law and Society Association and the publication of the Canadian Journal of Law and Society are events of special significance. I am pleased — indeed flattered — to be involved in these new and important enterprises, albeit in a largely symbolic way. My pleasure is only enhanced by being afforded both a platform for pontification (the Editor has absolved me from the obligation to provide footnotes), and a collective script to which I can add what amounts to a postscript to our report.
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Turlayev, V. A., and Karipbayev B.I. "Legal reality: due and existing in law (socio-philosophical analysis)." Bulletin of the Karaganda university History.Philosophy series 106, no. 2 (June 30, 2022): 301–8. http://dx.doi.org/10.31489/2022hph2/301-308.
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The article demonstrates the reflection problems in the law of due and existing as legal reality components. The justice concept as a legal category is revealed in the moral assessment context in law and legal regulation in the present and the future. The research purpose is to generalize scientific knowledge and theories that reveal the due and existing law as legal reality factors. By using general and special research methods, the analysis and generalization of scientific material are carried out, consideration of various approaches to understanding justice in law and identifying the role of justice in understanding what exists and should be in law. The article illustrates and considers different points of view and scientific positions of scientists-philosophers and theoreticians-jurists in the research field of the correlation problems of “due” and “existing” in the modern society law in the formation context of legal reality. The research result is the consideration of the due and existing in law as phenomena that determine legal reality as legal reality in combination with political reality and social justice, which acts as the main criterion that determines the essence and social law purpose. Justice is considered the main condition for the existence of modern society and the state. The problems of defining the basic legal justice principles as social justice part, designed to ensure the recognition of law and legal regulation as the main values of the modern legal society, are highlighted. Through legal justice, an understanding of the “proper” and “existing” in law is formed, which constitutes legal reality as a philosophical and legal phenomenon.
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Syarhan, Mohamad. "SOCIO-CULTURAL AND LEGAL CHANGES IN INDONESIA." Jurnal Hukum Progresif 9, no. 2 (October 30, 2021): 135–45. http://dx.doi.org/10.14710/jhp.9.2.135-145.
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In terms of its form, the law can be in the form of written law and can also be unwritten law. The purpose of this study is to analyze the influence of socio-cultural aspects on legal changes in Indonesia. The research method used is normative legal research. The results of the study show that talking about legal culture is the same as talking about public legal awareness. These two things are an inseparable unit, because they are closely related to the implementation of law in society. Thus, legal culture and legal awareness are two things that can be developed properly in an integrated manner so that the legal reforms implemented can be accepted by the community as behavioral guidelines that must be followed.
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Herklotz, Tanja. "Law and Society Studies in Context: Suggestions for a Cross-Country Comparison of Socio-Legal Research and Teaching." German Law Journal 21, no. 7 (October 2020): 1332–44. http://dx.doi.org/10.1017/glj.2020.76.
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AbstractCultures of legal and socio-legal scholarship, like legal cultures themselves, are shaped by their respective historical, cultural, economic, and socio-political context. Socio-legal—or law and society—studies are thus pursued and taught differently in different parts of the world. This Article suggests making socio-legal studies the object of comparative research, so as to understand and explain commonalities, differences, and context dependencies in socio-legal scholarship and teaching in different countries. Such comparative endeavors help to translate between different academic languages and to critically reflect upon one’s own research methods and system of legal education. They prove useful for scholars planning research in other parts of the world or engaging in cross-country collaborative research projects, and for research institutions and policymakers involved in reforming research funding and legal education. But how do we go about comparing socio-legal studies? More specifically, why, what, and how do we compare, and what are the challenges that we may face when pursuing such comparative endeavors? This Article gives an overview of potential research questions that a comparison between socio-legal studies may address, the sources that comparativists may draw on, the methods such a comparative endeavor may use to collect and analyze data, and the challenges researchers may face when attempting to compare socio-legal studies in different parts of the world.
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Gurnham, David. "Introduction: marginalisation in law, policy and society." International Journal of Law in Context 18, no. 1 (March 2022): 1–9. http://dx.doi.org/10.1017/s1744552322000027.
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AbstractIntroducing our Special Issue on marginalisation, this paper considers some of the challenges that this topic poses for legal scholars. The paper identifies that these challenges arise principally from the ambivalence of ‘marginalisation’ itself: at once an idea so broad that it arguably underpins the bulk of legal research (and socio-legal research in particular), but at the same time an idea that in practice too often quickly gives way to various other neighbouring ones: disadvantage, discrimination, disempowerment, exclusion, inequality, silencing, stigmatisation, victimisation and so on. This paper considers this ambivalence and traces etymological roots (and routes) by which we understand the margin, the marginalised and marginalisation.
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PIETRZYKOWSKI, TOMASZ. "ANIMAL LAW: ETHICS, SOCIETY AND CONSTITUTIONS." Society Register 3, no. 3 (January 2, 2020): 151–58. http://dx.doi.org/10.14746/sr.2019.3.3.09.
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The paper discusses and criticizes views on various aspects of the situations of animals within human societies offered by authors presenting at the seminar held at the Research Centre for Public Policy and Regulatory Governance. They include legal, ethical as well as socio-psychological problems about animal welfare and the attempts to improve the conditions in which animals are treated. The author hints at the theoretical background as well as implications of some of the ideas that are advocated in the ongoing legal and ethical debates over animal welfare. The discussion aims to shed some light on how the cross-disciplinary studies and exchanges that include biologists, psychologists, sociologists as well as legal researchers may contribute to numerous controversies in the contemporary animal law scholarship.
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Rato, Dominikus. "Realisme Hukum: Peradilan Adat dalam Perspektif Keadilan Sosial." Jurnal Kajian Pembaruan Hukum 1, no. 2 (July 31, 2021): 285. http://dx.doi.org/10.19184/jkph.v1i2.24998.
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Aspects of positivism with its normative approach are often taught in various law schools as a single perspective. The study of law can be based on legal realism. Nevertheless, there is still a debate about legal realism's working pattern and contribution to juridical science. This study that introduced legal realism worked with socio-legal method based on the literature review. It aimed to elaborate on the concept of legal-realism as an epistemology of the socio-legal school, which leads to the conception of customary law and legal anthropology. With a naturalistic approach and supported by theories of customary law and legal anthropology. This study showed that legal realism as a school in philosophy and juridical studies based on empirical studies need to be developed. It referred to legal realism conceptualized in Scandinavia and America that was suitable to Indonesia's legal context, especially customary law as the law that lives in society. Therefore, the law that lives in society is strengthened through verdict and law enforcement officers as symbols of the state. It suggested that legal realism is also taught in law schools at universities, so that legal academics have diverse points of view, both in the legal discipline and as a research method.
KEYWORDS: Customary Law, Socio-Legal, Social Justice, Legal Realism.
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Olga V., Smirnova, and Kononov Alexey A. "The Distinction Between Law qnd Morality in Legal Positivism: Socio-Philosophical Dimension." Humanitarian Vector 16, no. 5 (November 2021): 59–68. http://dx.doi.org/10.21209/1996-7853-2021-16-5-59-68.
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The article deals with the main conceptions of the relationship between law and morality in legal positivism. The research relevance is caused by legal positivism which is influential and dynamically developing in both domestic and foreign science. The purpose of the study is to consider the features that describe the positivist approach to the differentiation between legal and moral regulation in the context of the dialectical interaction of individual and social principles in society. It presupposes the establishment of both general and special in legal positivism’s views regarding the interaction of these social regulators. Special attention is paid to the consideration of not only positive aspects of the proposed concepts but also the difficulty that arise within legal positivism. The research methodology is based on the dialectical method, the method of analysis, comparative and historical methods. These methods allow us to analyze in a historical perspective the development of views on the relationship between law and morality in legal positivism, to analyze specific features in the visions of the most influential philosophers of this doctrine, to identify common ideas that unite the philosophers considered. As a result of the conducted research, it is argued that legal positivism is characterized by the correlation of law and morality as sovereign socio-normative systems that closely interact in the structure of society, but do not have the necessary connection that mutually determines their content. The sovereign nature of legal and moral regulation implies the search for models of their interaction. It is important to determine the demarcation line of the spheres and limits of each social regulator. As a result, it is concluded that there are three possible models of this interaction, and the consequences of their implementation in society. In particular, it is determined that law and morality within the structure of society can be either indifferent to each other or have identical content realized through both regulation forms or be in relation to a contradiction adducing to a social conflict.
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Turlayev, V. A., and B. I. Karipbayev. "Legal culture as a factor of legal reality (socio-philosophical analysis)." Bulletin of the Karaganda university History.Philosophy series 105, no. 1 (March 30, 2022): 181–88. http://dx.doi.org/10.31489/2022hph1/181-188.
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The article examines the defining legal culture problem as one of the main legal reality factors, considered in philosophy and in the law theory. The purpose of the investigation is to generalize scientific knowledge and theories that reveal the relationship between legal culture and legal reality. By applying general and special research methods, analysis and scientific material generalization, consideration of various approaches to legal culture and legal reality to identify these categories relationship of their constituent elements are carried out. The authors analyze and compare the perspectives and scientific positions of philosophers and legal theorists in the researching field of the legal culture development in modern society in the legal reality formation. The categories “legal reality”, “legal validity”, “legal culture” as phenomena of social reality interacting with each other and constituting the broadest philosophical and legal category “legal reality” are considered. The result of the research is the legal culture consideration as a factor that determines legal reality, which includes the entire spectrum of legal phenomena encountered in legal life. The legal culture research and legal reality are considered as the basic modern humanitarian science necessity, which aims to ensure the most complete development of the human personality in harmony with public interests and needs, the most important are mediated through law. We highlight the main problems of the legal culture and legal reality definition, which are due to a wide range of considered categories, a large number of constituent elements, different understanding of a law and legal life. Legal culture defines legal reality as the real existence of legal matter as one of the types of social reality.
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Popov, E. A. "Problems and Prospects of Research of Legal Life of a Person and Society." Russian Journal of Legal Studies 5, no. 1 (March 15, 2018): 96–101. http://dx.doi.org/10.17816/rjls18354.
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The article considers the phenomenon of legal life of man and society. Special attention is paid to the peculiarities of the investigation of this phenomenon in the jurisprudence and social Sciences. The role of legal life in the development of public relations and the overall legal system of the state. Axiological approach to the study of the legal life of man and society combines the efforts of law and social Sciences in the study of this phenomenon. This legal life is seen in a number of other independent phenomena and phenomena and legal reality, the legal mentality and law. These phenomena in scientific discourse as the phenomena relate to: 1) complement each other in meaning;2) showing the dynamics of the formation and consolidation of the society of legal values, based on the preservation of traditional values and norms; 3) constituents of the essential elements of any legal system in any historical time;4) inf luencing the formation of those or other legal norms and rules; 5) defining the nature of the relationship with different entities in law. Identify features of the legal life of man and society has an undeniable value for modern Sciences and knowledge. It is the legal life extends to all human individual and collective existence, affects the traditional values and norms. The article made the following conclusions: 1) the legal life connected with the daily life of a person; 2) legal life based on ancestral values, as well as cultural universals that are present in every national culture; 3) it becomes one of the factors of socio-cultural development of societies and States; 4) has an impact on the legal reality, since it ref lects the legal expectations of individuals; 5) appeals not only to the system of law and legal norms, but also to ethics, morals, principles of social justice and freedom.
Dissertations / Theses on the topic "Law and society and socio-legal research"
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Atkinson, Kelsey. "Bridging the Justice Gap: Exploring Approaches for Improving Indigent Access to Civil Counsel." Scholarship @ Claremont, 2014. http://scholarship.claremont.edu/pomona_theses/121.
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The United States is among one of the only democratic industrialized nations in the world that does not provide guaranteed access to civil representation in cases involving basic human need. This leaves indigent litigants who are at risk of losing their homes or their children left to seek counsel through insufficient pro-bono programs or limited scope legal self-help centers. This thesis provides a history of the struggle for the right to civil counsel, known as Civil Gideon, and explores a variety of proposed solutions to bridge the justice gap for indigent litigants. Despite considerable support for Civil Gideon among scholars and the legal community, the public is unaware of the justice gap- about 80% of Americans assume the right to civil counsel already exists. This thesis conducted two studies to understand possible reasons for this gap between public knowledge and reality and to identify the possibility of manipulating public knowledge through exposure to injustices. The findings from these studies are used to inform a network approach to shape public support for Civil Gideon so that the US court system can truly represent opportunity and equality for all citizens.
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van, Zyl Nicole. "Domestic Workers and their access to childcare: A Socio-Legal study." Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/29226.
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This dissertation explores how domestic workers within the Cape Town area access childcare. From this exploration, the argument that the state should provide childcare to mothers as a redress measure under s9(2) is developed. This argument is drawn from the proposition that universal access to childcare has the potential to reduce gender inequality by removing the care burden that women bear. By providing universal access to childcare, and thereby removing or reducing the care burden, women are better empowered to access income earning activity. This qualitative enquiry utilises a literature review and one-on-one interviews as modes of data collection. Eight interviews were conducted on the experiences of domestic workers. A feminist methodology was adopted in the collection and analysis of the data, which led to the finding that greater state intervention is needed into the lives of domestic workers so that they may realise substantive equality. This Constitutionally based legal analysis is used as a means of understanding social transformation through the experiences of the participant group.
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Karekwaivanane, George Hamandishe. "Legal encounters : law, state and society in Zimbabwe, c1950-1990." Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:1aa6d7e5-2535-4a82-98c1-45a0203bee22.
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This study examines the role of law in the constitution and contestation of state power in African history. Using Zimbabwe as a case study, it analyses legal struggles between Africans and the state, and amongst Africans themselves between 1950 and 1990. In doing so it intervenes in a number of scholarly debates on the relationship between law, state power and agency in African history. Firstly, I examine the role of law in constituting state power by exploring the interplay between legitimation and coercion in long term perspective. Secondly, I interrogate legal centralism as an approach to understanding developments in the legal sphere in African history and make the case for legal pluralism as a more appropriate approach. I argue that during the period under study, Zimbabwe witnessed a process of evolving legal pluralism characterised by the mutual appropriation of forms, symbols and concepts between state law and the ‘customary law’. Thirdly, I contribute to the debate on African legal agency by demonstrating that its significance went beyond the utility of the law in specific social, economic and political struggles. I argue that it also gave expression to emergent political imaginaries, shifting ideas of personhood and alternative visions of the social and political order. Lastly, I argue that, by undertaking a historical examination of legal struggles, this study provides a useful foundation from which to analyse contemporary legal struggles in Zimbabwe and in Africa more generally. The findings presented here caution against being drawn in by the apparent novelty of contemporary legal struggles. In addition, they suggest the means by which human rights discourse in Africa might be reinvigorated.
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Tunduc, Anamaria. "When intimate partner violence becomes femicide : A socio-legal analysis of the Romanian legal framework in light of the Istanbul Convention." Thesis, Umeå universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-173855.
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Aigbomian, Häll Sara. "Gendered law as a tool to approach intimate partner violence : A socio-legal study of the Swedish Social Services Act in practice." Thesis, Umeå universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-179528.
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Klinth, Sandra. "Intersecting housing discrimination : A socio-legal study on the limits of Swedish anti-discrimination law." Thesis, Umeå universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-153903.
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This qualitative socio-legal study critically examined the protection against housing discrimination found in chapter 2 § 12 of the Swedish Discrimination Act (SFS 2008:567), in light of United Nations, Council of Europe and European Union housing and non-discrimination (human rights) standards. As an applied socio-legal study it aimed to be critical towards the limits of law in context. By applying an intersectional approach as the theoretical framework for the study, it aimed to identify legal weaknesses from an intersectional point of view. The study made use of a descriptive doctrinal analysis method and a critical text analysis method. The material for analysis consisted of civil housing discrimination law: legislation, preparatory works and case law. The case law, anonymized for this study, consisted of three district court judgments and three appeal court judgments processed during the years 2007-2016. The first research question asked what, if any, forms of intersectional discrimination the housing discrimination law face and comprise. The descriptive doctrinal analysis revealed that all cases shared the discrimination ground ‘ethnicity’ and discrimination form ‘direct discrimination’. The critical text analysis resulted in three themes illustrating intersectional discriminating facing the law: “aggressive men” (the intersection of sex and ethnicity), “resourceless women” (the intersection of sex, socio-economic class and ethnicity) and “unsettled strangers” (the intersection of socio-economic class and ethnicity). The second research question asked what, if any, the limits of law are from an intersectional point of view. By discussing the three themes in relation to the legal landscape and previous research it was possible to identify several limits of law relating to intersectionality, such as the exhaustive list of discrimination grounds, absent discrimination grounds and an absence of intersectional awareness. The study concluded that Swedish housing discrimination law rely on formal equality, which renders intersectional discrimination invisible and the power of housing human rights disputable.
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Harmon, Shawn H. E. "Health research, (bio)technology, regulation & values : operationalising socio-moral values in the legal setting." Thesis, University of Edinburgh, 2011. http://hdl.handle.net/1842/9794.
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The rapidly evolving biosciences increasingly rely on the analysis, manipulation and reproduction of the human body. In the health setting, novel biotechnologies offer new methods/avenues for the investigation of wellbeing and the treatment of illness, but they do not just expand the clinician’s toolbox, they increase the very scope of her work. By offering new (and formerly invisible) measures for health, they have created new categories of illhealth (ie: expanding the ways in which humans can be classified as abnormal, unhealthy, or diseased). In doing so, they contain huge marginalising potential. And they are evolving at a pace that the law cannot match. Given this, important questions arise such as: What institutions are acting in this field and what is guiding them? How is health-related research being encouraged and regulated? How does the human subject figure in the bioeconomy? What values are we claiming and vindicating under existing regulatory regimes? What values ought we be emphasising bearing in mind social needs and individual rights? The body of work that forms this submission represents five years of socio-legal research and evolving thought on the topic of how values inform the law and are operationalised through the law and legal institutions. While the publications relied on are diverse, they all pursue small facets of this value inquiry. The first theme addressed – international values and actors – is composed of three papers which explore broad internationally shared values claimed in legal instruments such as the Universal Declaration on the Human Genome and Human Rights and the Universal Declaration on Bioethics and Human Rights, and institutions such as UNESCO and the EPO. A range of values emerge from these. Papers under the second theme – human participation in health research – explore how we access and use the human body in the modern biosociety/bioeconomy, and how we might better encourage subject participation in, and equitable benefit from, the biomedical research setting. Focusing on population biobanking, it assesses who has rights in the body and what those rights are, and how the existing environment interacts with our claimed values. Papers under the third theme – encouraging stem cell research in Argentina – explore governance instruments and their significance for realising claimed or desired values. These papers are informed by original empirical work conducted in Argentina over a 24-month period during which the Argentine government grappled with the realities of the new biosociety and the (perceived) need to facilitate bioscience research and medical treatment using human tissue. While these papers represent only part of the scholarship deriving from this project, they deploy new evidence on the existing environment and the way forward in that jurisdiction. As argued in the Critical Review, these publications form a broadly coherent and farranging body of interdisciplinary work which persistently questions the link between law and values and how we govern modern bioscience. While there are necessarily descriptive elements, the whole is critically analytical and normatively suggestive. In addition to summarising the aims, objectives, methodology, results and conclusions of these works, and indicating how they form a coherent body of work, the Critical Review goes further. Drawing on evolving thinking and recent scholarship, it argues for a regime less reliant on instruments and more reliant on expert institutions informed by, and charged with protecting, socio-moral values informed by the human rights paradigm.
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Ahmedin, Ahmedin Osman. "A socio-legal study of the Swedish anti-discrimination policy and its implementation in the labour market : Discrimination against immigrants in the labour market and its affect." Thesis, Umeå universitet, Juridiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-161012.
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Background: The point of departure for this study is that people with immigrant backgrounds are discriminated in the Swedish labour market and they are discriminated on several grounds. Discrimination is violation against human rights and it affects gender equality and integration policy negatively. Different studies show that immigrants hold the jobs which are lowest paid and not preferred by the swedes. The studies show also that immigrants from Africa and middle east are those who are discriminated most. This discrimination occurs despite the Swedish clear anti-discrimination policy and its regional and international obligations to combat discrimination. The Swedish discriminations act prohibits discrimination on the seven grounds mentioned in the act. This thesis analyses the Swedish discriminations act, its implementation and efficacy. It sheds some light on Sweden’s regional and international obligations in this regard. Finally, the impact of discrimination against immigrants on Swedish gender equality and integrations policy is discussed. Purpose: The purposes of this thesis are, based on the earlier studies, to highlight the ways in which immigrants are discriminated in the Swedish labour market and contributing to the improvement of the anti-discrimination policy in a long run. To accomplish this task, I have Scrutinized and analysed the efficacy of the Swedish discrimination policy, based on earlier studies, I have analysed different ways in which immigrants are discriminated in the Swedish labour market and discussed the impact of immigration on gender equality and integrations policy. Method: For conducting this research, qualitative method has been used. For accomplishing this study, both primary sources such as legal documents and legislations and secondary sources such as books, article, newspapers and internet websites have been used. To achieve this task, I have used intersectional analysis, and this is because immigrants are discriminated on multiple grounds and intersectional perspective is the best perspective in analysing such grounds. Conclusion: Based on earlier studies, the idea that people with immigrant background are discriminated in Swedish labour market is supported. They are discriminated in different ways such as recruitment process, in salaries, working conditions and promotion process. Discrimination can be due to different reasons and based on different grounds. According to the studies, though discrimination affects immigrants in general, immigrants from Middle east and Africa most discriminated. The same studies show that Muslim women who can be identified as Muslims due to headscarves, burqa or niqab are discriminated most and the face harassment in the public areas. Additional findings in this thesis are that discrimination in general is obstacle to gender equality and integrations policy given that it widens the already wide gap between women and men as well as between immigrants and swedes. Besides this, discrimination in the criminal system also leads to discrimination in the labour market. This is because prejudices based on the reports of biased police, judges, prosecutors etc. lead to discrimination against immigrants by relating them to crime. Therefore, though it is not deeply studied, there is a significant correlation between discrimination in the criminal legal system and discrimination in the labour market.
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Sharafeldin, Marwa. "Personal status law reform in Egypt : women's rights : NGOs navigating between Islamic law and human rights." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:9d389f66-f8f6-4c0a-8755-1f7d2186a1ba.
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This thesis explores the ways in which Islamic law and human rights interact within the work of women’s rights non-governmental organizations (NGOs) that advocate the reform of the Egyptian Personal Status Law (PSL) in the period between 2006 and 2010. The thesis shows the relevance of the human rights framework as well as the flexibility of Islamic legal discourse in the work of the NGOs. Drawing on both Islamic law and human rights enabled NGOs to develop a more gender-sensitive religious discourse, which supported their PSL reform demands. However the interaction between these two frameworks was largely affected by several important factors, which sometimes led NGOs to dilute some of their demands. These factors included the implications of the change in the form of Shari‘a as codified law under the modern nation-state; the Egyptian political context both internally and externally; the common local perception that human rights are a Western production and an extension of Western colonialism; the dominant religious but patriarchal discourse governing the PSL; the implications of activism through the NGO structure; and the personal religiosity of individual activists. The thesis explores NGOs’ PSL reform demands in depth bearing in mind these factors. It investigates NGOs’ discourse and shows its strengths and weaknesses. It shows that the interaction between Islamic law and human rights within NGOs’ work in this particular Egyptian context produced reform demands that were innovative and practically appealing on one hand, but epistemologically problematic in some instances, on another.
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FALCETTA, SILVIA. "JUDICIAL INTERPRETATION, HUMAN RIGHTS, SEXUAL ORIENTATION: A SOCIO-LEGAL STUDY OF THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS." Doctoral thesis, Università degli Studi di Milano, 2016. http://hdl.handle.net/2434/454719.
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The contemporaneity has been famously defined as “the age of rights” (Bobbio 1995), and the logic of rights has become “the principal language that we use in public settings to discuss weighty questions of both right and wrong” (Glendon 1991, 63). If human rights give voice to minorities and marginalized groups in society, and they can do so with powerful legal and symbolical resources, the tendency to frame almost every social conflict in terms of a clash of rights also favours absolute formulations and the activation of judiciary.Under such premises, this dissertation provides a qualitative socio-legal analysis of the jurisprudence on sexual orientation of the European Court of Human Rights.
More in detail, I focus on the arguments produced by the judges, and I analyze the legal controversies, the normative framing, the social perspectives, and the moral standpoints that orient the interpretation of the European Convention on Human Rights.
The aim is twofold; on one hand, I investigate how the aforementioned arguments influence the evaluation, the acceptance, or the refusal of claims grounded on sexual orientation. On the other, the purpose is to critically engage in the asserted neutral character of judicial reasoning, in order to reveal the clash of perspectives underpinned to the interpretation of human rights.
Books on the topic "Law and society and socio-legal research"
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1971-, Schmidt Patrick D., ed. Conducting law and society research: Reflections on methods and practices. Cambridge: Cambridge University Press, 2009.
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Cale, Michelle. Law and society: An introduction to sources for criminal and legal history from 1800. Kew, Surrey: PRO Publications, 1996.
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D.C. Legislative Research Section Law Librarians' Society of Washington. LLSDC's legislative source book. Alexandria, Va: Law Librarians' Society of Washington, D.C., 1998.
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The environmental dialogue in the GDR: Literature, church, party, and interest groups in their socio-political context : a research concept and case study. Lanham, MD: University Press of America, 1987.
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Allen, Beverly. Justice at a price: A preliminary report of the findings of research, commissioned by the Law Society, onthe impact of the April cuts to legal aid eligibility. London: Law Society, 1993.
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1946-, Andenæs Kristian, ed. Understanding law in society: Developments in socio-legal studies. Zürich: Lit Verlag, 2011.
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She hui guan li chuang xin yu xing zheng fa: Zhongguo fa xue hui xing zheng fa xue yan jiu hui 2010 nian nian hui lun wen ji = Innovation of society management and administrative law : collection of articles of the annual conference 2010 of administrative law research association of China legal Society. Beijing Shi: Zhongguo zheng fa da xue chu ban she, 2011.
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Shumilina, Vera, Galina Krokhicheva, Tat'yana Sidorina, Nataliya Izvarina, Anna Tsykora, MUTHANA SHEAA, Vitaliy Brykalov, et al. Socio-economic and legal problems of modern society. au: AUS PUBLISHERS, 2022. http://dx.doi.org/10.26526/monography_61e7f12a5a16c6.22843996.
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The problems of the socio-economic development of Russia, as well as the problems associated with law enforcement that exist today, are associated with many factors that have their roots since the collapse of the Soviet Union, as well as a result of subsequent reforms, crises, total economic changes and other factors ... Currently, the pandemic is having a big impact.
In addition, the development of modern society is influenced by the processes of globalization and digitalization, which resulted in a reassessment of values, changes in education, culture, and legal aspects of society.
This monograph is a collective work of teachers and students of the Department of Economic Security, Accounting and Law of the Don State Technical University and the Department of Analysis of Economic Activity and Forecasting of the Rostov State Economic University (RINH).
It is devoted to the study of individual socio-economic and legal problems and processes.
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Luño, Antonio Enrique Pérez. Nuevas tecnologías, sociedad y derecho: El impacto socio-jurídico de las N.T. de la información. Madrid: Los Libros de Fundesco, 1987.
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Luño, Antonio Enrique Pérez. Nuevas tecnologías, sociedad y derecho: El impacto socio-jurídico de las N.T. de la información. Madrid: Los Libros de Fundesco, 1987.
Find full textBook chapters on the topic "Law and society and socio-legal research"
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Saeidzadeh, Zara. "Gender Research and Feminist Methodologies." In Gender-Competent Legal Education, 183–213. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-14360-1_6.
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AbstractThis chapter is structured around the issue of gender research and what it means to conduct research with a gender perspective. Thus, it discusses research methodologies inspired by feminist ontological and epistemological approaches. Drawing on feminist standpoint theory, situated knowledge, feminist poststructuralism and intersectionality, the chapter shows how feminist scholars, especially feminist legal scholars, have adopted feminist epistemologies in challenging gender inequalities in law and society. The chapter draws on legal methods combined with feminist social theories that have assisted feminist scholars to go about legal reforms. Furthermore, focusing on qualitative methods, the chapter explains some of the methods of data collection and data analysis in gender research which have been applied interdisciplinarily across social science and humanities studies. The last part of the chapter concentrates on practical knowledge about conducting gender research that is informed with feminist epistemologies and methodologies. Finally, through some exercises, the students are given the opportunity to design and outline a gender research plan with a socio-legal approach.
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Bermúdez Figueroa, Eva, Valerija Dabetić, Raquel Pastor Yuste, and Zara Saeidzadeh. "Gender and Structural Inequalities from a Socio-Legal Perspective." In Gender-Competent Legal Education, 95–142. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-14360-1_4.
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AbstractThis chapter critically analyses different socio-legal phenomena through a feminist prism on gender. With an aim to promote gender equality, it addresses the problems of structural gender inequalities in both private and public social spheres. Outlining the political, economic and ideological connection between laws and specific social contexts, it uncovers (hidden) effects of social reproduction and construction of gender and sexuality. Deconstructing the gender binary system and provoking a heterosexual matrix, it shows how traditional, patriarchal gender roles determine and establish the social position in the structure of society. Dealing with the gender (in)sensitive education, production, and reinforcement of gender inequalities in the labour market, and media (re)presentation of gender and symbolic violence, it shows how widely accepted values and gender roles shape, and ultimately define, the access to social resources, professional positions and social status. Limiting research to only some areas of this broad socio-legal thematic, this chapter addresses some policies for overcoming structural inequalities based on gender.
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Bederson, Vsevolod, and Andrei Semenov. "Between Autonomy and Compliance: The Organizational Development of Russian Civil Society." In Palgrave Studies in Third Sector Research, 171–93. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-99007-7_7.
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AbstractThis chapter examines the organizational dynamics of the Russian third sector after the adoption of the so-called “foreign agents” law in 2012, which significantly restricted civil society organizations’ legal space and their access to key resources. Utilizing interviews with organizational leaders and activists in nine Russian regions as well as survey data on civil society’s interactions with authorities, we argue that despite the intent to target only a handful of organizations, the changes have affected a wide array of civil society organizations. We show the commonalities and differences in dynamics among organizations occupying various niches. We also document coping strategies and establish the sources of resilience of the third sector vis-à-vis the entrenching of the authoritarian state in Russia.
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Levina, Olga, and Saskia Mattern. "Ethical and Legal Analysis of Machine Learning Based Systems: A Scenario Analysis of a Food Recommender System." In The International Library of Ethics, Law and Technology, 165–85. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-34804-4_9.
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AbstractLaws are the reflection of the ethical and moral principles of the society. While the use of technology influences users’ behavior in a pace that is affected by the technology introduction to the market, legal activities can be driven by the society as the results of such interactions. This scenario analysis- based research focuses on a classic but fictional food recommender system and the ethical issues that might occur from its usage. The recommender system is taken here as an example of machine learning-based systems (MLS) that can often be found in the individual, business and administrative applications. The research compares the existing legal solutions, with the focus on the GDPR legislation, and the discovered ethical issues. The ethical analysis is led along the ALTAI principles suggested by the European Commission, the common good approach as well as the general principles constituted in human rights. While the GDPR-based analysis showed that this data- and privacy-based legislation addressed most of the identified ethical issues, questions related to the common good approach in the context of environment and mobility that arise due to the wide spectrum of the MLS usage require further legal discussion. The application of the two approaches shows that conducting the ethical and legal analysis is beneficial for both the designers of such MLS as well as the legal actors. The findings can enhance the design and functions of a user-facing MLS as well as influence or validate legal activities.
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Valdes, Francisco. "Bringing Society to Law: A Critically Raced Accounting." In Exploring the ‘Socio’ of Socio-Legal Studies, 251–77. London: Macmillan Education UK, 2013. http://dx.doi.org/10.1007/978-1-137-31463-5_12.
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Blandy, Sarah. "Socio-legal Approaches to Property Law Research." In Researching Property Law, 24–42. London: Macmillan Education UK, 2016. http://dx.doi.org/10.1007/978-1-137-48618-9_3.
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Kaldal, Anna, Agnes Hellner, and Titti Mattsson. "Introduction: Matching Legal Proceedings to Problems in Custody Disputes." In Children in Custody Disputes, 1–20. Cham: Springer Nature Switzerland, 2023. http://dx.doi.org/10.1007/978-3-031-46301-3_1.
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AbstractThe introductory chapter presents the aim, outline, and content of the anthology. First, it describes the dilemmas and challenges that arise in custody disputes, drawing on pre-existing empirical research, discussions among policymakers, and legal scholars. Second, the chapter outlines the child welfare family-law systems of the Nordic countries. It is also argued that the focus on gender equality and the awareness of domestic violence have affected law and policymaking—as well as created new dilemmas when handling custody disputes in practice. Third, the chapter presents the paradigm shift through which children’s rights have been strengthened, for example, the right of every child to freely express their views in all matters affecting them (Article 12, The United Nations Convention on the Rights of the Child). However, the right to participation raises demands for practical implementation that, so far, have not been fully met. It is proposed that the nature and complexity of custody disputes are serious challenges for society that call for an interdisciplinary and comparative discussion. Thus, the aim of the anthology is to transcend disciplinary, institutional, and jurisdictional boundaries, in search of new knowledge that can integrate multiple perspectives and experiences. The anthology will explore how legal proceedings, in and out-of-court, can be applied to the complex problems inherent in these disputes.
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Almeida, Mariza, and Branca Terra. "Entrepreneurial Universities, from Research Groups to Spin-off Companies, in a Time of COVID-19." In The Impact of Covid-19 on the Institutional Fabric of Higher Education, 269–91. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-26393-4_11.
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AbstractIn this chapter we address the dynamics created by the impact of the COVID-19 pandemic on the transfer of technology from universities to society through spin-off firms, based on scientific and technological research and initiatives supporting the connections between research teams and spin-offs. We observed the interactions among these firms with government and universities to reinforce the university’s third constitutional mission, especially in view of the COVID-19 demands on products and services. Starting from the changes introduced by innovation support policies and their respective regulations, notable among which are the sectoral funds, the innovation law and the current legal framework for science, technology and innovation, Brazilian universities have become increasingly involved in seeking solutions for national needs in various fields that transform the knowledge generated into products and services, which are then made available to the market.
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Vincent-Jones, Peter, and Sarah Blandy. "Applied Research Methods and Law Reform: The Leeds Experience." In Integrating Socio-Legal Studies into the Law Curriculum, 37–53. London: Macmillan Education UK, 2012. http://dx.doi.org/10.1007/978-1-137-01603-4_3.
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Tsykora, Anna, and Veronika Talanina. "THE OBJECT OF THE CRIME AS A CRITERION FOR BUILDING A SYSTEM OF INSTITUTIONS OF A SPECIAL PART OF CRIMINAL LAW." In Socio-economic and legal problems of modern society, 107–12. au: AUS PUBLISHERS, 2022. http://dx.doi.org/10.26526/chapter_61e7f12a971677.12632055.
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A crime is any act or omission in the process of breaking a law prohibiting an act or omission. This article will analyze the object of the crime from the point of view of one of the criteria underlying the construction of the system of institutions of the Special Part of Criminal Law
Conference papers on the topic "Law and society and socio-legal research"
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Hakim, Muhammad Helmy, Noryamin Aini, and Khoiruddin Nasution. "Legal Protection versus Legal Consciousness on Rights: The Changing Perspective in Law and Society Research." In International Conference Recent Innovation. SCITEPRESS - Science and Technology Publications, 2018. http://dx.doi.org/10.5220/0009922110121018.
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Rehushevskyi, E. Ye. "Enhancing constitutional and legal guarantees of person’s and citizen’s political rights and freedoms as the key to development of the rule of law and civil society in Ukraine." In NEW APPROACHES AND CURRENT LEGAL RESEARCH. Baltija Publishing, 2022. http://dx.doi.org/10.30525/978-9934-26-263-0-13.
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Cherkasova, Yelena Valeryevna. "RELEVANCE OF LINGUISTIC RESEARCH IN THE FIELD OF LAW." In Russian science: actual researches and developments. Samara State University of Economics, 2020. http://dx.doi.org/10.46554/russian.science-2020.03-1-427/430.
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Language and law are phenomena that have emerged in the course of human social evolution and are "fundamental to human existence". The nature of their relationship within society has long been of concern to both linguists and legal scholars in terms of rhetoric, oratory, style, and terminology. This article examines the emerging socially significant problems that can only be solved in close interaction between linguistics and law. Thus, in the 20th century, it became necessary to create new language versions of existing legislation. It was possible to solve legal problems in close cooperation with linguists, which helped to strengthen ties between the two branches of science.
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Andreeva, Elena. "SUBSTANTIVE AND PROCEDURAL CRIMINAL LAW PROTECTION OF TRADE SECRETS." In THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY 2020. University publishing house "Science and Economics", University of Economics - Varna, 2020. http://dx.doi.org/10.36997/lbcs2020.303.
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The article considers the essence of criminal aspects of the protection of trade secrets. The article comprises the following issues: Protection of trade secrets according to criminal substantive law; Protection of trade secrets according to criminal procedural law; Comparative legal research;
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González, Manuel Joaquín Fernández, Svetlana Surikova, and Tamara Pigozne. "Adaptation of a Teacher Training Programme for Character Education to the Latvian Context." In 78th International Scientific Conference of University of Latvia. University of Latvia, 2020. http://dx.doi.org/10.22364/htqe.2020.01.
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This paper presents an analysis of the quality of the adaptation of the transnational teacher training programme for character education “Arete catalyst” to the socio-cultural context of Latvia. Based on the theory of cultural adaptation of educational programmes, and on a qualitative analysis of documentary sources, the quality of the adaptation was discussed by comparing the features of the adapted programme with Latvian societal needs and policy makers’ guidelines for character education (research question 1), and with the legal and institutional requirement for teacher training (research question 2). The findings revealed that the adapted Latvian programme responds widely to the needs of Latvian society and of the educational sector regarding character and virtue education, and addresses values and virtue education, as foreseen in the governmental guidelines for upbringing at school. It also complies with the Law of Education and the regulations of the Cabinet of Ministers regarding the professional development of teachers, and with the rules for approval and implementation of teacher training programmes at the University of Latvia. The adaptation process described can be useful for academics adapting existing programs to new socio-cultural contexts. This work should be continued by piloting and refining the adapted programme.
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Trofimov, Vasily. "On shaping the constitutional principles and understanding the nature of their effectiveness in the legal life of society." In East – West: Practical Approaches to Countering Terrorism and Preventing Violent Extremism. Dela Press Publishing House, 2022. http://dx.doi.org/10.56199/dpcshss.uuls2668.
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The theory of shaping the constitutional principles as the leading principles of law in a multi-level pyramid of legal forms (in fact, the theory of the legal form of the highest level) is set forward. The dialectical approach, the method of rising from the abstract to the concrete in understanding the regular law formation processes, the theory of factors, the theory of law formation, the critical reflection method, comparative analysis, systemic and sociological-legal approaches were used as the methodological foundations of the research. Two main groups of approaches to understanding the nature of the principles of constitutional law, namely subjective-right-positivist and objective-social ones, are presented. The subjective-legal positivist approach to the problem of the emergence of the principles of law in general and the principles of constitutional law, in particular, is critically assessed. It is noted that the objective-social approach to understanding the nature of the principles of law is more true; it allows to answer the question of the unconditional effectiveness of constitutional principles in the legal life of society, despite changing market circumstances in politics, economics etc. It is argued that shaping the constitutional principles is based on the most powerful and fundamental factors in the development of social and legal life. Some examples with the principles of the priority of human and civil rights and freedoms, the rule of law, the concept of separation of powers etc. are given. It is concluded that the principles of law express the objective laws of social and legal life and this gives them inviolability and all-time practical significance.
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Beinoravičius, Darijus, and Mindaugas Verbickas. "CHALLENGES OF TECHNOLOGICAL DYNAMISM FOR LAW IN THE AREA OF HEALTH." In 12th International Scientific Conference „Business and Management 2022“. Vilnius Gediminas Technical University, 2022. http://dx.doi.org/10.3846/bm.2022.771.
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Technologies, overcoming the limitations of human factors, acquire distinctive expression forms and trends in human society through mutual human and technè integration. The impact of dynamism of technologies, as an object of legal regulation in the area of health law, is explored in this article as a degree of turmoil in social relationships and as the issues of resultant legal regulation rather than from the perspective of state-of-the-art research and development in the area of technologies. Hence, the impact of the new technologies in the area of health, as an object of legal regulation, implies changes with external features and attributes, with individual, variable, and accidental nature that law should, on the principle level, foresee, plan, and bring together by determinant and coordinating links into an integrated system of interacting elements.
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Morozova, Oksana. "The legal mechanisms to counter terrorism: the international legal aspect." In East – West: Practical Approaches to Countering Terrorism and Preventing Violent Extremism. Dela Press Publishing House, 2022. http://dx.doi.org/10.56199/dpcshss.bcep8599.
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The article analyzes the content and meaning of the concept of international terrorism, as well as the functions of states to ensure the security and effectiveness of counter-terrorism. The study is based on the development of legal mechanisms to prevent terrorism through international law. In recent years, we have seen an international threat to state sovereignty by acts of international terrorism. The political structure and power methods of some states operate in such a way that all counteraction to international terrorism is reduced to minimization. Any civilized society cannot exist without legal support and protection of its citizens. A special task of the state in the field of international terrorism, appears to be the sustainable regulation of relations in modern society, in search of cooperation and compromise in solving global and regional problems, the effective operation of international legal acts. An analysis of doctrinal and normative sources has shown that the causes of modern terrorism lie in both the contradictions between states in defining the term "international terrorism" and the means of preventing terrorism. The findings on the nature of international terrorism suggest that legal mechanisms to counter international terrorism must be adopted in compliance with the doctrine of the rule of law and respect for the protection of citizens' rights, as well as the provisions of international law. Offers the author's answer to the research question on the legal mechanism and causes of ineffective counteraction to international terrorism. The goal of the modern state is to ensure the fullest realization of the rights of citizens against terrorism, by providing at the state and international level ways to ensure and protect them. Problems of international terrorism are addressed in both scientific and academic literature.
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Obasi, Nwele, J. "Law, Politics and Leadership in Contemporary Africa – An Examination of Facts." In 28th iSTEAMS Multidisciplinary Research Conference AIUWA The Gambia. Society for Multidisciplinary and Advanced Research Techniques - Creative Research Publishers, 2021. http://dx.doi.org/10.22624/aims/isteams-2021/v28n3p6.
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Every society need to deal with legal matters, solve political and leadership problems, and, because of the nature of legal, political and leadership tasks as daunting issues, a scholarly solicitor and/or advocacy approach may be very necessary to prevent disputes and prosecution problems of leadership issue in Africa. Corruption and Fraud has been an endemic issue in the global political affairs for ages, and recently cybercrime has joined the litany of the cankerworm that impede success of democracy and development and social tranquility of nations, especially arising from electoral issue fraud. To control and manage human resource capital, in relation to stock of or supply of mineral resources, material and financial, money, and other assets that can be drawn on by a person, organization or state, to establish an effective and viable economy, individuals, organizations and governments need to maintain true leadership principles and political order that follow rules of law. It is a fact that Africa as a part of the world, especially in the new global politics tries to align to the protection of its environment against corruption and fraud. This study examines the level, and the indices of corruption and fraud in relation to true leadership principles and political order that follow rules of law in Africa. Primary and secondary data were used in this research, which aims at discovering appropriate measures to squarely or effectively address crimes related to misuse of political and leadership powers and corruption, economic fraud and cybercrime in Africa. Binary logistic regression and chi-square were applied. The findings reveal that economic development, politics, democracy and rule of law has a nexus to addressing the complex nature of entrenching true democracy; fighting corruption, fraud, and cybercrime in individual, organization, and government. The findings further indicate that coordinated and coherent academic/intellectual crossroad crusade is what is needed/required to restore Africa to glory land. Keywords: Law, Politics, Leadership, Contemporary Africa, Corruption, Fraud, Cybercrime, Economic Development Proceedings Reference Format
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Milosavljević, Miroslav, Isidora Milošević, and Jelena Milosavljevic. "Evropsko društvo – nova pravna forma privrednog društva u uslužnom pravu Republike Srbije." In XVI Majsko savetovanje. University of Kragujevac, Faculty of Law, 2020. http://dx.doi.org/10.46793/upk20.875m.
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The aim of the research is the European society, as a new legal form of the company, introduced into the legal system of the Republic of Serbia by the Law on Amendments to the Law on Business Enterprises, adopted in mid-2018. This legislative activity is the harmonization of the legislation of the Republic of Serbia with the acquis communautaire in the process of joining this significant European association. The paper examines and analyzes the notion of European society, the way of its establishment, management and termination, as well as other important issues that are necessary for a comprehensive overview of the legal position and role of this society in our legal system. The research uses primarily a normative method by analyzing legal solutions relating to the European society, as well as a comparative method by which the solutions contained in our law are compared with the solutions from the Council Regulation (EC) on the Statute of the European societies. At the end of the work, an appropriate conclusion was given indicating the significant benefits that such a legal form of a business (stock) society could bring to our economy.
Reports on the topic "Law and society and socio-legal research"
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Hackstadt, Angela. Food Waste Legislation Scholarship: A Mapping Study. University at Albany, State University of New York, March 2019. http://dx.doi.org/10.54014/czwu8703.
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The purpose of this study is to examine research activity on food waste legislation published in law journals to identify top sources and experts cited by recent scholarship. Searches for "food loss" and "food waste" were conducted in three legal research databases for law journal articles published between January 2013 and January 2018. The core list of selected articles consists of 13 law journal articles. The citations from each of the core articles were collected to form a database, which was analyzed to determine what kinds of resources legal scholars rely on when conducting research in food waste legislation. Government Sources and Primary Law contribute approximately 48% of the citations in the database. News, Nonprofit, and Law Reviews and Journals contribute approximately 31% of database citations. This study provides some insight into the complexity of food law and the facets of agriculture, industry, and society that affect the success of food waste reduction legislation.
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Lewis, Dustin, ed. A Compilation of Materials Apparently Reflective of States’ Views on International Legal Issues pertaining to the Use of Algorithmic and Data-reliant Socio-technical Systems in Armed Conflict. Harvard Law School Program on International Law and Armed Conflict, December 2020. http://dx.doi.org/10.54813/cawz3627.
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This document is a compilation of materials that at least appear to be reflective of one or more states’ views on international legal issues pertaining to the actual or possible use of algorithmic and data-reliant socio-technical systems in armed conflict. In September of 2018, the Harvard Law School Program on International Law and Armed Conflict (HLS PILAC) commenced a project titled “International Legal and Policy Dimensions of War Algorithms: Enduring and Emerging Concerns.”[1] The project builds on the program’s earlier research and policy initiative on war-algorithm accountability. A goal of the current project is to help strengthen international debate and inform policymaking on the ways that artificial intelligence and complex computer algorithms are transforming war, as well as how international legal and policy frameworks already govern, and might further regulate, the design, development, and use of those technologies. The project is financially supported by the Ethics and Governance of Artificial Intelligence Fund. In creating this compilation, HLS PILAC seeks in part to provide a resource through which the positions of states with divergent positions on certain matters potentially of international public concern can be identified. Legal aspects of war technologies are more complex than some governments, scholars, and advocates allow. In the view of HLS PILAC, knowledge of the legal issues requires awareness of the multiple standpoints from which these arguments are fashioned. An assumption underlying how we approach these inquiries is that an assessment concerning international law in this area ought to take into account the perspectives of as many states (in addition to other relevant actors) as possible.
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Wolf, Eva. Chemikalienmanagement in der textilen Lieferkette. Sonderforschungsgruppe Institutionenanalyse, 2022. http://dx.doi.org/10.46850/sofia.9783941627987.
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The World Summit on Sustainable Development in Johannesburg in 2002 set the goal of minimising the adverse impacts of chemicals and waste by 2020. This goal has not been achieved yet. Therefore, other approaches are needed to prevent, minimise, or replace harmful substances. One possible approach is this master thesis which deals with the challenges that the textile importer DELTEX is facing with regard to a transparent communication of chemicals used and contained in the product in its supply chain. DELTEX is bound by legal regulations and requirements of its customer and must ensure that there are no harmful substances in the garments. For each order, the customer requires a chemical inventory from DELTEX which contains the chemical substances and formulations used (so-called "order-wise chemical inventory"). Currently, the suppliers are not willing to pass this on to DELTEX. As a result, DELTEX is faced with the problem of having no knowledge of the materials used in the garments and is thus taking a high risk. The structure of this study is based on the transdisciplinary "delta analysis" of the Society for Institutional Analysis at the University of Applied Sciences Darmstadt. This compares the target state with the actual state and derives a delta from the difference. Based on this, suitable design options are to be developed to close the delta. The study defines the target state on the basis of normative requirements and derives three criteria from this, which can be used to measure design options. By means of guideline-based interviews with experts, an online survey and literature research, it examines the current state. The analysis shows that the relevant actors are in an unfavourable incentive and barrier situation. The textile supply chain can be seen as a complex construct in which a whole series of production sites (often in developing and emerging countries where corruption and low environmental standards exist) carry out many processing steps. Chemicals are used at almost all stages of processing, some of which have harmful effects on people and the environment. At the same time, factory workers in the production countries are under enormous price and time pressure and often have insufficient know-how about chemical processes. DELTEX is dependent on its main customer and therefore has little room for price negotiations. To close this delta, the study formulates design options on macro, meso and micro levels and measures them against the developed criteria. None of the measures completely meets all the criteria, which is why a residual delta remains. The study concludes that not one, but rather a combination of several design options at all levels can achieve the target state. For DELTEX, an alliance with other textile importers, membership in the Fair Wear Foundation, strengthening the relationship with its suppliers and cooperation with another customer are recommended. Furthermore, the use of material data tools that support proactive reporting approaches such as a Full Material Declaration is recommended. The study is carried out from the perspective of the textile importer DELTEX. The results can therefore only be applied to the entire textile supply chain to a limited extent.
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Yilmaz, Ihsan, Raja M. Ali Saleem, Mahmoud Pargoo, Syaza Shukri, Idznursham Ismail, and Kainat Shakil. Religious Populism, Cyberspace and Digital Authoritarianism in Asia: India, Indonesia, Malaysia, Pakistan, and Turkey. European Center for Populism Studies, January 2022. http://dx.doi.org/10.55271/5jchdy.
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Turkey, Pakistan, India, Malaysia, and Indonesia span one of the longest continuously inhabited regions of the world. Centuries of cultural infusion have ensured these societies are highly heterogeneous. As plural polities, they are ripe for the kind of freedoms that liberal democracy can guarantee. However, despite having multi-party electoral systems, these countries have recently moved toward populist authoritarianism. Populism —once considered a distinctively Latin American problem that only seldom reared its head in other parts of the world— has now found a home in almost every corner of the planet. Moreover, it has latched on to religion, which, as history reminds us, has an unparalleled power to mobilize crowds. This report explores the unique nexus between faith and populism in our era and offers an insight into how cyberspace and offline politics have become highly intertwined to create a hyper-reality in which socio-political events are taking place. The report focuses, in particular, on the role of religious populism in digital space as a catalyst for undemocratic politics in the five Asian countries we have selected as our case studies. The focus on the West Asian and South Asian cases is an opportunity to examine authoritarian religious populists in power, whereas the East Asian countries showcase powerful authoritarian religious populist forces outside parliament. This report compares internet governance in each of these countries under three categories: obstacles to access, limits on content, and violations of user rights. These are the digital toolkits that authorities use to govern digital space. Our case selection and research focus have allowed us to undertake a comparative analysis of different types of online restrictions in these countries that constrain space foropposition and democratic voices while simultaneously making room for authoritarian religious populist narratives to arise and flourish. The report finds that surveillance, censorship, disinformation campaigns, internet shutdowns, and cyber-attacks—along with targeted arrests and violence spreading from digital space—are common features of digital authoritarianism. In each case, it is also found that religious populist forces co-opt political actors in their control of cyberspace. The situational analysis from five countries indicates that religion’s role in digital authoritarianism is quite evident, adding to the layer of nationalism. Most of the leaders in power use religious justifications for curbs on the internet. Religious leaders support these laws as a means to restrict “moral ills” such as blasphemy, pornography, and the like. This evident “religious populism” seems to be a major driver of policy changes that are limiting civil liberties in the name of “the people.” In the end, the reasons for restricting digital space are not purely religious but draw on religious themes with populist language in a mixed and hybrid fashion. Some common themes found in all the case studies shed light on the role of digital space in shaping politics and society offline and vice versa. The key findings of our survey are as follows: The future of (especially) fragile democracies is highly intertwined with digital space. There is an undeniable nexus between faith and populism which offers an insight into how cyberspace and politics offline have become highly intertwined. Religion and politics have merged in these five countries to shape cyber governance. The cyber governance policies of populist rulers mirror their undemocratic, repressive, populist, and authoritarian policies offline. As a result, populist authoritarianism in the non-digital world has increasingly come to colonize cyberspace, and events online are more and more playing a role in shaping politics offline. “Morality” is a common theme used to justify the need for increasingly draconian digital laws and the active monopolization of cyberspace by government actors. Islamist and Hindutva trolls feel an unprecedented sense of cyber empowerment, hurling abuse without physically seeing the consequences or experiencing the emotional and psychological damage inflicted on their victims.
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Yilmaz, Ihsan, Raja M. Ali Saleem, Mahmoud Pargoo, Syaza Shukri, Idznursham Ismail, and Kainat Shakil. Religious Populism, Cyberspace and Digital Authoritarianism in Asia: India, Indonesia, Malaysia, Pakistan, and Turkey. European Center for Populism Studies (ECPS), January 2022. http://dx.doi.org/10.55271/rp0001.
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Turkey, Pakistan, India, Malaysia, and Indonesia span one of the longest continuously inhabited regions of the world. Centuries of cultural infusion have ensured these societies are highly heterogeneous. As plural polities, they are ripe for the kind of freedoms that liberal democracy can guarantee. However, despite having multi-party electoral systems, these countries have recently moved toward populist authoritarianism. Populism —once considered a distinctively Latin American problem that only seldom reared its head in other parts of the world— has now found a home in almost every corner of the planet. Moreover, it has latched on to religion, which, as history reminds us, has an unparalleled power to mobilize crowds. This report explores the unique nexus between faith and populism in our era and offers an insight into how cyberspace and offline politics have become highly intertwined to create a hyper-reality in which socio-political events are taking place. The report focuses, in particular, on the role of religious populism in digital space as a catalyst for undemocratic politics in the five Asian countries we have selected as our case studies. The focus on the West Asian and South Asian cases is an opportunity to examine authoritarian religious populists in power, whereas the East Asian countries showcase powerful authoritarian religious populist forces outside parliament. This report compares internet governance in each of these countries under three categories: obstacles to access, limits on content, and violations of user rights. These are the digital toolkits that authorities use to govern digital space. Our case selection and research focus have allowed us to undertake a comparative analysis of different types of online restrictions in these countries that constrain space foropposition and democratic voices while simultaneously making room for authoritarian religious populist narratives to arise and flourish. The report finds that surveillance, censorship, disinformation campaigns, internet shutdowns, and cyber-attacks—along with targeted arrests and violence spreading from digital space—are common features of digital authoritarianism. In each case, it is also found that religious populist forces co-opt political actors in their control of cyberspace. The situational analysis from five countries indicates that religion’s role in digital authoritarianism is quite evident, adding to the layer of nationalism. Most of the leaders in power use religious justifications for curbs on the internet. Religious leaders support these laws as a means to restrict “moral ills” such as blasphemy, pornography, and the like. This evident “religious populism” seems to be a major driver of policy changes that are limiting civil liberties in the name of “the people.” In the end, the reasons for restricting digital space are not purely religious but draw on religious themes with populist language in a mixed and hybrid fashion. Some common themes found in all the case studies shed light on the role of digital space in shaping politics and society offline and vice versa. The key findings of our survey are as follows: The future of (especially) fragile democracies is highly intertwined with digital space. There is an undeniable nexus between faith and populism which offers an insight into how cyberspace and politics offline have become highly intertwined. Religion and politics have merged in these five countries to shape cyber governance. The cyber governance policies of populist rulers mirror their undemocratic, repressive, populist, and authoritarian policies offline. As a result, populist authoritarianism in the non-digital world has increasingly come to colonize cyberspace, and events online are more and more playing a role in shaping politics offline. “Morality” is a common theme used to justify the need for increasingly draconian digital laws and the active monopolization of cyberspace by government actors. Islamist and Hindutva trolls feel an unprecedented sense of cyber empowerment, hurling abuse without physically seeing the consequences or experiencing the emotional and psychological damage inflicted on their victims.
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Relationship Between ‘Civil Society’ and ‘Democratic Freedoms’. Institute of Development Studies, June 2022. http://dx.doi.org/10.19088/k4d.2022.086.
Full textAbstract:
Notwithstanding the point that definitions of ‘civil society’ and ‘democracy’ are themselves actively debated, this rapid review defines democracy as ‘liberal democracy’, which goes beyond elections to include liberal components such as equality before the law, individual liberties, rule of law, and independent judiciary and legislature that constrains the executive (Grahn and Lührmann, 2020, p.8). Civil society is defined as “an organizational layer of the polity that lies between the state and private life composed of voluntary associations of people joined together in common purpose” (Coppedge et al. 2016, p.413). Thus, this rapid review seeks to find out what evidence is there on the relationship between civil society and democratic freedoms? The overall sense from the vast array of literature that looks at the relationship between civil society and democratic freedoms is that civil society is important for democracy, but there is no “automatic flow” from one to the other. Rather, the relationship is contingent on the nature of civil society, in addition to other dynamic, context-specific factors. Most of the evidence found during this rapid review was in studies that break down this broad topic into smaller sub-questions. They tended to be case studies that look at specific elements of ‘democratic freedoms’ (e.g., human rights, or anti-corruption), focus on specific countries, or were related to specific mechanisms (e.g., collective action) or processes (e.g., democratic regression). Each of these sub-topics is itself a large and contested area of research. According to some scholars, these case studies are overwhelmingly positive about civil society’s relationship to liberal democratic norms and practices. Some studies show that democratic regression occurs where the demands of a highly mobilised civil society cannot be effectively channelled by the party system or occur in contexts characterised by ethnic and regional differences or socio-economic inequalities.