Journal articles: 'Norms hierarchy'

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Shelton, Dinah. "Normative Hierarchy in International Law." American Journal of International Law 100, no. 2 (April 2006): 291–323. http://dx.doi.org/10.1017/s0002930000016675.

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Systems of law usually establish a hierarchy of norms based on the particular source from which the norms derive. In national legal systems, it is commonplace for the fundamental values of society to be given constitutional status and afforded precedence in the event of a conflict with norms enacted by legislation or adopted by administrative regulation; administrative rules themselves must conform to legislative mandates, while written law usually takes precedence over unwritten law and legal norms prevail over nonlegal (political or moral) rules. Norms of equal status must be balanced and reconciled to the extent possible. The mode of legal reasoning applied in practice is thus naturally hierarchical, establishing relationships and order between normative statements and levels of authority.

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Patrick, Megan E., Clayton Neighbors, and Christine M. Lee. "A Hierarchy of 21st Birthday Drinking Norms." Journal of College Student Development 53, no. 4 (2012): 581–85. http://dx.doi.org/10.1353/csd.2012.0060.

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Krug, Barbara. "Norms, Numbers and Hierarchy: Commenton E. Schlicht." American Journal of Economics and Sociology 61, no. 2 (April 2002): 555–61. http://dx.doi.org/10.1111/1536-7150.00178.

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Anísio Caldas, Gabriel Aparecido, and Norton Maldonado Dias. "INFLUÊNCIA DA HUMANIZAÇÃO DO DIREITO INTERNACIONAL NO HISTÓRICO DE VALORAÇÃO DAS NORMAS JURÍDICAS PELO SUPREMO TRIBUNAL FEDERAL BRASILEIRO." Científic@ - Multidisciplinary Journal 4, no. 2 (December 5, 2017): 102. http://dx.doi.org/10.29247/2358-260x.2017v4i2.p102-115.

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RESUMO O trabalho faz um retrocesso no histórico da atuação do Supremo Tribunal Federal com a finalidade de acompanhar julgados influenciados por normas celebradas em Tratados e Convenções Internacionais durante o processo de codificação do Direito Internacional. A proposta sonda a hipótese de relação do processo de Humanização do Direito Internacional com as alterações da hierarquia das normas previstas em Tratados e Convenções Internacionais dentro do ordenamento jurídico brasileiro. Fica, bastante, claro que as oscilações verificáveis na atuação do Supremo Tribunal Federal quanto à hierarquia das normas internacionais deixaram de ter valor comum de legislações ordinárias para status especiais de supralegalidade e, até, de emendas constitucionais. Tratando-se, ao final, justamente, das influências do fenômeno da Humanização do Direito Internacional no processo de hierarquização das normas internacionais no ordenamento jurídico brasileiro quando, especificamente, versassem por direitos humanos. Palavras-chave: Hierarquia das Normas Internacionais. Direitos Humanos ABSTRACTThe work makes a step back in the history of the action of the Federal Supreme Court in order to accompany those judged to be influenced by norms established in International Treaties and Conventions during the codification process of International Law. The proposal examines the hypothesis of a relationship between the process of Humanization of International Law and the changes in the hierarchy of norms foreseen in International Treaties and Conventions within the Brazilian legal system. It is quite clear that the verifiable oscillations in the Federal Supreme Court's performance regarding the hierarchy of international norms have no longer common value of ordinary legislation for special statuses of supralegality and even constitutional amendments. In the end, it is precisely because of the influence of the phenomenon of the Humanization of International Law in the process of hierarchizing international norms in the Brazilian legal system when they specifically deal with human rights.Keywords: Hierarchy of International Legal Norms. Human rights.

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Block, Alexander C., and Benedikt Löwe. "A multiplication operation for the hierarchy of norms." Annals of Pure and Applied Logic 169, no. 7 (July 2018): 656–73. http://dx.doi.org/10.1016/j.apal.2018.03.003.

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Kartika, Adhitya Widya. "The Existence of Decision Norms of the Constitutional Court as a Source of Legislative and Executive Laws." Lentera Hukum 6, no. 2 (July 29, 2019): 305. http://dx.doi.org/10.19184/ejlh.v6i2.10495.

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Norms are behavioral guidelines in the Indonesian legal state. Norms continue to exist in the legislation and juridical consequences of constitutional court decisions, and in particular, that of the Constitutional Court. Legal norms have principles that are applied to a wider hierarchy of legal norms and the production of legislation. In essence, the Constitutional Court's rulings have consequences on the actions of the government and therefore the action of governance. Including decision norms in the Constitutional Court's ruling has juridical consequences for the hierarchy of regulations and state legal actions in carrying out the function of government. This article aims to find out how to apply decision norms if there an identical or related decision exists within a different judicial institution. In government institutions bound by the Constitutional Court's decisions, application of decision norms resulted in chaos for the application and enforcement of the law. The implementing agency is faced with the same legal product, namely a verdict in another judicial institution. This causes no legal certainty. Rather than a solution or outcome, implementing agencies are faced with an identical legal response yet no legal certainty. The absence of legal certainty has consequences for government institutions that are bound by the Constitutional Court's decision. By utilizing a hierarchy of legal norms, the issue of rigidity and uncertainty caused by decision norms can be resolved. Likewise, in the legislature, the Constitutional Court's decision is the source of making legal norms. As the Constitutional Court’s decision is the source of legal norm production in the legislature, espousing a hierarchy of legal norms will enable laws and regulations that are formed to reflect justice, certainty and benefit. Keywords: Court Decision, Legal Norms, Government.

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Tahvanainen, Annika. "Hierarchy of Norms in International and Human Rights Law." Nordic Journal of Human Rights 24, no. 03 (November 2, 2006): 191–205. http://dx.doi.org/10.18261/issn1891-814x-2006-03-01.

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Klement, Erich Peter, Radko Mesiar, and Endre Pap. "On the order of triangular norms—comments on “A triangular norm hierarchy” by E. Cretu." Fuzzy Sets and Systems 131, no. 3 (November 2002): 409–13. http://dx.doi.org/10.1016/s0165-0114(02)00114-8.

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Chitambar, Eric, and Min-Hsiu Hsieh. "Asymptotic state discrimination and a strict hierarchy in distinguishability norms." Journal of Mathematical Physics 55, no. 11 (November 2014): 112204. http://dx.doi.org/10.1063/1.4902027.

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Sychyov, Oleg A., Irina N. Protasova, and Igor' V. Anoshkin. "Elaboration of moral mattes questionnaire." Vestnik Kostroma State University. Series: Pedagogy. Psychology. Sociokinetics, no. 4 (2019): 107–12. http://dx.doi.org/10.34216/2073-1426-2019-25-4-107-112.

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The article presents the preliminary results of elabouration of moral mattes questionnaire aimed at assessment of sensitivity to violation of moral norms such as ban of harm, distributive justice, egalitarian justice, loyalty, hierarchy, purity and sanctity. Confirmation of the theoretical factor structure was demonstrated in the sample of 529 students. Using the moral foundation questionnaire (MFQ) we obtained data on validity of the scales which indicate on similarity but not equivalence of the constructs used in these questionnaires. We discovered that the evaluation of violation of the hierarchy and purity norms is more severe in elder people, and women give more strict evaluation of violation of the purity norms while men are stricter at estimating of violation of loyalty and distributive justice norms.

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Klein, Eckart. "Establishing a Hierarchy of Human Rights: Ideal Solution or Fallacy?" Israel Law Review 41, no. 3 (2008): 477–88. http://dx.doi.org/10.1017/s0021223700000327.

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The Article discusses the difficulties of establishing a hierarchy of norms in international law, particularly with regard to human rights norms. A number of arguments have been put forward but none of them has proven to be conclusive: be it the distinction between treaty-based norms and norms of customary law, be it the non-restrictability or non-derogability of some treaty rights, be it their erga omnes character or the inadmissibility to make reservations. The best way to address the issue of hierarchy seems to be the concept of jus cogens. However, the consequences of some rights being “superior” to others are by no means clear. The fact that certain rights are addressed in court decisions as being “most fundamental” or representing a “supreme value” does not necessarily mean that these rights prevail over other, seemingly “inferior” rights in a given case. This is so because it is difficult to decide in abstracto and in advance possible conflicts of human rights positions of different human beings. The Article therefore recommends a very reluctant use of a terminology pointing at a hierarchy between human rights.

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Carr-Rollitt, Paul. "THE BURDEN OF PROOF, THE CHARTER, AND A HIERARCHY OF LEGAL NORMS." Constitutional Forum / Forum constitutionnel 6, no. 1 - 4 (October 11, 2011): 1995. http://dx.doi.org/10.21991/c95376.

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Kang, David C., Dat X. Nguyen, Ronan Tse-min Fu, and Meredith Shaw. "War, Rebellion, and Intervention under Hierarchy: Vietnam–China Relations, 1365 to 1841." Journal of Conflict Resolution 63, no. 4 (May 3, 2018): 896–922. http://dx.doi.org/10.1177/0022002718772345.

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What does international hierarchy look like? The emerging literatures on hierarchy and international orders remain overwhelmingly focused on the contemporary era and on the great powers that comprise the top of the hierarchy. This article addresses that gap by examining diplomacy, war, and domestic politics in the premodern Vietnam–China relationship under the hierarchic tributary system. Specifically, we construct a unique data set of over 1,200 entries, which measures wars and other violence in the region from 1365 to 1789. The data revealed the stable and legitimate nature of tributary relations between formally unequal political units. The Vietnamese court explicitly recognized its unequal status in its relations with China through a number of institutions and norms. Vietnamese rulers also displayed very little military attention to their relations with China. Rather, Vietnamese leaders were clearly more concerned with quelling chronic domestic instability and managing relations with kingdoms to their south and west.

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Higgins, Rosalyn. "A Babel of Judicial Voices? Ruminations from the Bench." International and Comparative Law Quarterly 55, no. 4 (October 2006): 791–804. http://dx.doi.org/10.1093/iclq/lei130.

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AbstractThis Keynote speech examines the implications of the multiplying of judicial institutions and the deepening of international law. Overlapping jurisdiction issues already exist among international courts and tribunals. This raises the question of ‘Whose view prevails?’ But the deepening of international law also requires any given court to ask itself, ‘Which of the many norms now developed are applicable?’ Alternative plausible applicable norms could lead to different solutions. It is ever more apparent that that law is more than ‘bright rules’ that simply need to be applied. This speech discusses potential solutions that have been proposed, such as instituting a judicial hierarchy, using certain provisions of the Vienna Convention on the Law of Treaties, and invoking a hierarchy of norms. It closes with a call for international judges to regard the multiplication of institutions and applicable norms as an opportunity rather than a problem, to read each other's judgments, respect each other's work and try to preserve unity unless context dictates otherwise.

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Meron, Theodor. "On a Hierarchy of International Human Rights." American Journal of International Law 80, no. 1 (January 1986): 1–23. http://dx.doi.org/10.2307/2202481.

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The quest for a hierarchy of international human rights continues unabated, despite the impressive challenge raised by Professor Weil to the notion of “relative normativity” of international legal norms. To illustrate: in Tel-Oren v. Libyan Arab Republic, a suit brought under the (First) Judiciary Act of 1789, Judge Harry T. Edwards discussed whether torture, as distinguished from terrorism, “is among the handful of crimes to which the law of nations attributes individual [civil] responsibility.”

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Linderfalk, Ulf. "International Legal Hierarchy Revisited – The Status of Obligations Erga Omnes." Nordic Journal of International Law 80, no. 1 (2011): 1–23. http://dx.doi.org/10.1163/157181011x547180.

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AbstractIncreasingly, international legal arguments exploit the peculiar nature of obligations erga omnes. This practice raises questions about the precise legal status of norms expressing such obligations relative to other norms of international law. According to an oft-made suggestion, whether a norm is part of the international jus cogens or not, when it expresses obligations erga omnes it is hierarchically superior to all other norms of non-peremptory international law. This essay inquires into the justification of this theory – throughout the essay referred to as “the Theory on the Superior Status of Erga Omnes Obligations”. As shown in section 2, irrespective of whether inferential legal evidence exists or not, the Theory on the Superior Status of Obligations Erga Omnes can be explained by reference to the non-reciprocal character of such obligations. However, logic requires that the theory be restated to include also interdependent obligations and obligations erga omnes partes. As shown in section 3, although inferential legal evidence provides some support for the Theory on the Superior Status of Obligations Erga Omnes, the evidence is not entirely consistent. As shown in section 4, if the theory on the superior status of obligations erga omnes is adopted and applied on a wide scale, this will have detrimental effects on the overall understanding of international law. Rather than a more properly functioning international legal system, confusion and disorganization will ensue.

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GHOURI, Ahmad Ali. "Determining Hierarchy Between Conflicting Treaties: Are There Vertical Rules in the Horizontal System?" Asian Journal of International Law 2, no. 2 (February 29, 2012): 235–66. http://dx.doi.org/10.1017/s2044251312000021.

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Treaties are contractual instruments that may provide special rules of priority in case they conflict with other treaties. When a treaty does not provide such rules, however, priority is determined by the rules of the Vienna Convention on the Law of Treaties (VCLT) and/or general principles of law. This article argues that both the VCLT and general principles of law do not provide an adequate solution to treaty conflicts. It suggests that the solution to treaty conflicts rests in a value-oriented reading of international law and the norms incorporated in treaties. Norms represent values and values represent interests or benefits for which international society requires protection. Conflicts of treaty norms are, therefore, conflicts of values that courts and dispute settlement bodies resolve by ordering a hierarchy of competing interests and protecting the most important interests in a given context.

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Salcedo, J. A. C. "Reflections on the Existence of a Hierarchy of Norms in International Law." European Journal of International Law 8, no. 4 (January 1, 1997): 583–95. http://dx.doi.org/10.1093/oxfordjournals.ejil.a015608.

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Severuhin, Vladimir. "Specification and interpretation of the norms of the Constitution of the Russian Federation in 2020: theoretical and practical aspects." Advances in Law Studies 9, no. 2 (July 31, 2021): 21–25. http://dx.doi.org/10.29039/2409-5087-2021-9-2-21-25.

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The article reveals the specifics of the specification and interpretation of the norms of the Constitution of the Russian Federation in 2020. The author analyzes the factors influencing the interpretation of the content of constitutional norms. The peculiarities of the impact of domestic conditions and international positions on the hierarchy of regulations are revealed. Particular attention is paid to the possibilities of law-making activities in modern Russian conditions. The achievement of legal certainty in the specification of norms is justified by the need to use the general principles of law, constitutional principles and existing norms of the Constitution.

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Batori, Anna. "Old and New Hierarchies: Rewritten Social Norms in "Silent Valley"." Colloquia Humanistica, no. 8 (November 27, 2019): 165–86. http://dx.doi.org/10.11649/ch.2019.011.

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Old and New Hierarchies: Rewritten Social Norms in Silent ValleyThe article discusses the socialist and post-socialist hierarchical structure in Romania by focusing on the sociological reading of the series Silent Valley (Valea Mutã, 2016). As argued in the text, the production shows a remarkable, novel approach to breaking the discursive taboos of the Ceaușescu system by featuring homosexuality, corruption and revised gender roles on screen. The main focus of the article is on revealing how the old socialist socio-political hierarchies have been inherited and/or transferred to the capitalist-democratic epoch. By analysing such structures, the text provides a gender-centred description of the Romanian socialist and contemporary framework, while giving special attention to the situation of the Roma minority in the country. In a formalist-structuralist reading, it aims to dissect the phenomena of gender hierarchy, political and social dominance, and people’s subjugated position within this context. Régi és új hierarchiák: Átírt társadalmi normák a Silent ValleyA tanulmány egy formalistra-strukturalista olvasaton belül a szocialista és kapitalista hierarchikus struktúrákat vizsgálja a Silent Valley (Valea Mutã, 2016) című roman sorozatban, miközben amellett érvel, hogy – a Ceaușescu-rendszer tabuit megdöntő, avagy a homoszexualitás, változó nemi szerepek, a roma helyzet és korrupció témaköreit nyíltan felvállaló – produkció új fejezetet nyitott az ország televíziós sorozatgyártásában. A tanulmány központi fókusza a szocialista politikai hierarchiák felfedése jelen kontextusban, és a változó domináns nemi szerepek reflexiójának leképezése a kortárs televíziós szférában. Stare i nowe hierarchie. Napisane na nowo normy społeczne w Silent ValleyArtykuł bada socjalistyczne i kapitalistyczne struktury hierarchiczne w rumuńskim serialu Silent Valley (Valea Mutã, 2016) w ujęciu formalno-strukturalnym. [Autorka] argumentuje jednocześnie, że przełamując tabu systemu Ceaușescu poprzez otwarte podjęcie tematów homoseksualizmu, zmieniania ról płciowych, sytuacji Romów i korupcji, produkcja otworzyła nowy rozdział w dziejach seriali telewizyjnych w Rumunii. Głównym przedmiotem artykułu jest ukazanie w tym kontekście socjalistycznych hierarchii politycznych oraz refleksja nad zmianą dominujących ról płciowych we współczesnej sferze telewizyjnej.

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Candra Wijaya, Agus Rasyid. "PENGUJIAN NORMA HUKUM KETETAPAN MPR NO. XI/MPR/1998 DALAM HIERARKI PERATURAN PERUNDANG-UNDANGAN." Jurnal Ilmiah Hukum LEGALITY 24, no. 1 (March 31, 2017): 1. http://dx.doi.org/10.22219/jihl.v24i1.4263.

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The inclusion of the Indonesian People's Consultative Assembly Provisions in the hierarchy of legislation, as stipulated in Article 7 paragraph (1) of Law No. 12 of 2011 on the Establishment of legislation raises several issues related to the establishment and review of the legislation. The Indonesian People's Consultative Assembly Provision No. XI/MPR/1998 on the Implementation of the State that is clean and free of corruption, collusion and nepotism, is one of these provisions is still valid in the structure of the legal norms of the legislation. The purpose of writing this article is to clarify the direction of legal norms of Indonesian People’s Consultative Assembly Provision No. XI/MPR/1998 in testing hierarchy of legislation in the future.

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Qureshi, Hazel. "A Research Note on the Hierarchy of Obligations among Informal Carers – A Response to Finch and Mason." Ageing and Society 10, no. 4 (December 1990): 455–58. http://dx.doi.org/10.1017/s0144686x00007418.

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Finch and Mason (1990) have recently referred to various articles, by myself and others, concerning the hierarchy of obligations among network members, in relation to decision-making about the provision of practical help to elderly people. In their fascinating and informative case study, Finch and Mason argue that this hierarchy is best viewed as a normative belief which influences negotiation within families, rather than as a way of predicting people's behaviour in practice. I would argue that the question of the relationship between ‘statistical’ norms of behaviour (i.e. what most people do), and normative beliefs (i.e. what people think is the right thing to do), is a question open to empirical investigation. Certainly, it would be a misuse of case study methodology to suggest that failure to adhere to the hierarchy in one particular instance could be advanced as proof that it did not reflect a norm of behaviour. Statistical norms are never deterministic in individual cases, but it may still be possible to predict what the majority of people will do.

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Dubois, Dan. "The Authority of Peremptory Norms in International Law: State Consent or Natural Law?" Nordic Journal of International Law 78, no. 2 (2009): 133–75. http://dx.doi.org/10.1163/157181009x431730.

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AbstractPeremptory norms, or norms jus cogens, hold a unique position in the hierarchy of international law. Unlike customary international law and treaty law, peremptory norms abide no derivation and are binding on all states regardless of their willingness to be bound by them. As a result, the authority of peremptory norms, it is argued, cannot be adequately explained by current positivist and voluntarist explanations of their authority. This article discusses the inadequacies of the positivist explanation and puts forward an alternative natural law explanation for the authority of peremptory norms which avoids the conceptual difficulties found in the positivist account. Finally, in the concluding section I address a number of potential realist and post-modernist counter arguments to my position and dismiss them as unconvincing.

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MarekovĂˇ, HermĂna. "ETHICAL ASPECTS OF SOCIAL WORK IN MODERN SOCIETY." CBU International Conference Proceedings 5 (September 23, 2017): 710–16. http://dx.doi.org/10.12955/cbup.v5.1012.

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The basic principle for the exercise of professional social work is the respect for human rights and social justice. The social worker's activity is associated with high expectations on the part of society, although the moral standards of society are typically on a lower level. The legislative environment or norms governing the decisions of social workers are determined by legislation as well as generally applicable ethical norms. In practice, this creates ethical dilemmas consisting in the acceptance of a hierarchy or priorities of individual norms, whereas the adopted and applied values and norms can be counterproductive. This situation may cause a conflict between professional ethics and valid social norms. The following article tackles the issues in social work arising from the stereotypes surviving in society and a lack of competence of many social workers.

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REUS-SMIT, CHRISTIAN. "Liberal hierarchy and the licence to use force." Review of International Studies 31, S1 (December 2005): 71–92. http://dx.doi.org/10.1017/s0260210505006790.

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Determining when states can use force legitimately is the central normative problematic in world politics. Domestically, constraining the state’s use of force with social and legal norms that confine state-sanctioned violence to a limited and clearly defined set of purposes and circumstances is essential to the maintenance of civil society and the protection of basic human rights. Internationally, circumscribing the conditions under which states may use force legitimately is critical to the maintenance of peace and stability in international society. And the degree to which legitimate force may be used internationally to constrain illegitimate force domestically lies at the heart of the problematic relationship between order and justice in world politics.

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W. Sallee, Margaret. "Performing masculinity: considering gender in doctoral student socialization." International Journal for Researcher Development 5, no. 2 (November 4, 2014): 99–122. http://dx.doi.org/10.1108/ijrd-10-2014-0034.

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Purpose – The purpose of this article is to suggest that doctoral student socialization is a gendered process. Design/methodology/approach – This article uses a qualitative case study methodology, studying engineering students in one university department. Findings – The author considers how various norms and practices, including competition and hierarchy along with overt objectification of women, point to the masculine nature of the discipline. Originality/value – Although stage models of socialization are helpful in that they provide an outline of students’ various tasks as they progress through their doctoral programs, they can account neither for the culture of disciplines nor for the identities of students who populate them. The author suggests that students in engineering are prepared to embrace competition and hierarchy, norms that point to a gendered disciplinary culture. Although, certainly, particular interests will lead students to pursue different majors, the discipline serves to reinforce culture.

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Kissin, Edward, and Victor S. Shulman. "CLASSES OF OPERATOR-SMOOTH FUNCTIONS. I. OPERATOR-LIPSCHITZ FUNCTIONS." Proceedings of the Edinburgh Mathematical Society 48, no. 1 (February 2005): 151–73. http://dx.doi.org/10.1017/s0013091503000178.

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AbstractIn this paper we study the spaces of operator-Lipschitz functions and the spaces of functions closed to them: commutator bounded. Apart from the standard operator norm on $B(H)$, we consider a rich variety of symmetric operator norms and spaces of operator-Lipschitz functions with respect to these norms. Our approach is aimed at the investigation of the interrelation and hierarchy of these spaces and of the intrinsic properties of operator-Lipschitz functions.AMS 2000 Mathematics subject classification: Primary 47A56. Secondary 47L20

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Orakhelashvili, A. "State Immunity and Hierarchy of Norms: Why the House of Lords Got It Wrong." European Journal of International Law 18, no. 5 (November 1, 2007): 955–70. http://dx.doi.org/10.1093/ejil/chm049.

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Thompson, Michael J. "Hierarchy, social pathology and the failure of recognition theory." European Journal of Social Theory 22, no. 1 (May 8, 2018): 10–26. http://dx.doi.org/10.1177/1368431018768625.

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This article argues that the dynamics behind the generation of social pathologies in modern society also undermine the social-relational framework for recognition. It therefore claims that the theory of recognition is impotent in face of the kinds of normative power exerted by social hierarchies. The article begins by discussing the particular forms of social pathology and their relation to hierarchical forms of social structure that are based on domination, control and subordination and then shows how the internalization of the norms that shape and hold together hierarchical social formations causes pathologies within the self. As a result of these processes, the recognitive aspects of social action that the theory of recognition posits are unable to overcome and in fact reproduce and in many instances reinforce the pathologies themselves.

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De Wet, E. "THE EMERGING INTERNATIONAL CONSTITUTIONAL ORDER: THE IMPLICATIONS OF HIERARCHY IN INTERNATIONAL LAW FOR THE COHERENCE AND LEGITIMACY OF INTERNATIONAL DECISION-MAKING." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 10, no. 2 (July 4, 2017): 20. http://dx.doi.org/10.17159/1727-3781/2007/v10i2a2806.

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The article examines the contours and implications of the emerging international constitutional order. The "constitutional" nature of this order relates to the fact that it contains certain fundamental substantive and structural norms that form a supreme legal framework for the exercise of public power. The substantive elements primarily include the value system of the international legal order, meaning norms of positive law with a strong ethical underpinning (notably human rights norms) that have acquired a special hierarchical standing vis-à-vis other international norms through state practice. The structural elements refer to the subjects of the international legal order that collectively constitute the international community (polity), as well as the mechanisms for enforcement of the international value system. This vision of an international constitutional model is inspired by the intensification in the shift of public decision-making away from the nation state towards international actors of a regional (for example EU) or functional (for example WTO, UN) nature, and its eroding impact on the notion of a “total” constitutional order, where the fundamental substantive and structural norms that form the supreme legal framework for the exercise of public power are concentrated in the nation state. It is also inspired by the belief that such a supreme legal framework is only possible in a system where different national,regional and functional legal orders complement each other in order to form an international constitutional order.

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Götz, Martin, Grégoire Bollmann, and Ernest H. O’Boyle. "Contextual Undertow of Workplace Deviance by and Within Units: A Systematic Review." Small Group Research 50, no. 1 (July 26, 2018): 39–80. http://dx.doi.org/10.1177/1046496418790044.

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Within the constellation of employee misconduct, workplace deviance possesses the somewhat distinctive feature of violating organizational norms. Yet, the burgeoning research examining the social context surrounding workplace deviance typically fails to properly account for it. Interdisciplinary research has demonstrated that within organizations (a) multiple reference groups provide descriptive and injunctive norms about (in)appropriate behavior; (b) even when embedded within the organizational hierarchy, norms are not necessarily consistent across these groups; and (c) the immediate reference group often exerts a crucial influence. Against this background, we discuss prevalent conceptualizations of workplace deviance and systematically review the literature from 1995 to 2017. We present our findings according to external and organizational, leadership, and intraunit antecedents of workplace deviance by and within units, distinguishing, in particular, unit composition, processes and emergent states, climates, and norms. We conclude with a discussion of theoretical and methodological avenues for future research.

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Cuyvers, Armin. "The Kadi II Judgment of the General Court: The ECJ's Predicament and the Consequences for Member States." European Constitutional Law Review 7, no. 3 (October 2011): 481–510. http://dx.doi.org/10.1017/s1574019611300065.

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Kadi – Autonomy – Supremacy – EU legal order – Relationship between EU and UN – Terrorism – (National) Freezing Measures – Effects of annulment – Fundamental Rights – Right to effective legal protection – Right to property – Substantive versus formal hierarchy of norms – Comity – Relationship between Court of Justice and General Court – Bosphorus – Solange – Role and function of the Court of Justice

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Oates, John G., and Eric Grynaviski. "Reciprocity, hierarchy, and obligation in world politics: From Kula to Potlatch." Journal of International Political Theory 14, no. 2 (January 6, 2018): 145–64. http://dx.doi.org/10.1177/1755088217751753.

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The observation that agents and structures are co-constituted is now commonplace, yet scholars continue to struggle to incorporate this insight. Rationalists tend to overemphasize actors’ agency in the constitution of social order while constructivists tend to overstate the degree to which structures determine action. This article uses The Gift to rethink the agent–structure debate, arguing that the model of social relations Mauss outlines in this work sheds new light on basic concepts in international relations theory such as reciprocity, hierarchy, and obligation. Mauss’ social theory locates the generative structure of social order in diffuse exchange relations, what he terms gift exchange, and assumes that actors are both socially positioned within hierarchical relations of exchange and reflexive agents who are able to understand and strive to change those relations. In so doing, he avoids reducing social order to either deeply internalized social norms or instrumental interests, navigating between agents and structures to develop a more dynamic model of social relations. This model of social order permits a richer understanding of hierarchy in world politics that appreciates the experience of domination and the possibility of resistance. It also provides a distinct understanding of the nature of social obligation and the “compliance pull” of social norms, locating their force in the reflexive recognition by actors that they are dependent on shared social relations for meaningful social agency. This points toward an ethics of stewardship that opens up new perspectives on the duties that states and others owe to each other, a duty grounded in an acknowledgment of our mutual vulnerability as socially constituted agents.

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Towns, Ann E., and Bahar Rumelili. "Taking the pressure: Unpacking the relation between norms, social hierarchies, and social pressures on states." European Journal of International Relations 23, no. 4 (January 12, 2017): 756–79. http://dx.doi.org/10.1177/1354066116682070.

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This article advances a hierarchy-centered approach to the study of international social pressure on states. Prior scholarship has centered on the exposure of a gap between word and deed as key for social pressure. We argue that the scholarship on social pressure would benefit from paying more attention to the centrality of social hierarchies in the dynamics and effects of social pressure on states. It is through comparative assessments — the normative ordering of states as superior and inferior and placement in a social hierarchy — that social pressure is exerted and states are prodded into action. States positioned at the top or in the middle of normative hierarchies may be subjected to different social pressure than states positioned at the bottom. Developing this claim, we contend that normative hierarchies come in several forms. Reflecting on the dynamics of these normative hierarchies is important in and of itself, in our view, as it provides a deeper understanding of how norms generate shame, embarrassment, or status anxiety. That said, understanding normative hierarchies also gives us added purchase on explaining how states manage the social pressure of being ranked.

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Robson, Patricia, and Tony Walter. "Hierarchies of Loss: A Critique of Disenfranchised Grief." OMEGA - Journal of Death and Dying 66, no. 2 (March 2013): 97–119. http://dx.doi.org/10.2190/om.66.2.a.

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Two aspects of the concept of disenfranchised grief are examined: its binary assumption that grief is either enfranchised or disenfranchised; and its emancipatory agenda that grief should not be socially regulated. Focusing on the mourner's relationship to the deceased, we argue that social norms about the legitimacy of bereavement are not binary (yes-no), but are scalar or hierarchical, or even more complex still. We report on a tool for identifying hierarchies of loss, and describe the hierarchy identified by this tool in one British study. If norms about loss are not binary but hierarchical, how has disenfranchised grief—which claims to be a theory of norms—become an uncontested concept within bereavement research and clinical practice? We point to its rhetorical value in the postmodern politics of grief and its seductive emancipatory symbolism within the clinic; its value both for clinical practice and for empirical research into bereavement norms, however, may be limited.

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Phillips, Andrew. "Contesting the Confucian peace: Civilization, barbarism and international hierarchy in East Asia." European Journal of International Relations 24, no. 4 (July 4, 2017): 740–64. http://dx.doi.org/10.1177/1354066117716265.

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International Relations scholars have turned to China’s tributary system to broaden our understanding of international systems beyond the ‘states-under-anarchy’ model derived from European history. This scholarship forms the inspiration and foil for this article, which refines International Relations scholars’ conceptualizations of how international hierarchy arose and endured in East Asia during the Manchu Qing Dynasty — China’s last and most territorially expansive imperial dynasty. I argue that existing conceptions of East Asian hierarchy overstate the importance of mutual identification between the region’s Confucian monarchies in sustaining Chinese hegemony. Instead, we can understand Qing China’s dominance only once we recognize the Manchus as a ‘barbarian’ dynasty, which faced unique challenges legitimating its rule domestically and internationally. As ‘barbarian’ conquerors, Manchus did not secure their rule by simply conforming to pre-existing Sinic cultural norms. Instead, like other contemporary Eurasian empires, they maintained dominance through strategies of heterogeneous contracting. Domestically, they developed customized legitimacy scripts tailored to win the allegiance of the empire’s diverse communities. Internationally, meanwhile, the Manchus strategically appropriated existing Confucian norms and practices of tributary diplomacy in ways that mitigated — but did not eliminate — Confucian vassals’ resentment of ‘barbarian’ domination. East Asian hierarchy may have been more peaceful than Westphalian anarchy, but the absence of war masks a more coercive reality where the appearance of Confucian conformity obscured more fractious relations between Qing China and even its ostensibly most loyal vassals.

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Martinez, Alejandra. "“MAN UP!” On Masculinity and Childhood." Cultural Studies ↔ Critical Methodologies 17, no. 6 (November 27, 2015): 466–72. http://dx.doi.org/10.1177/1532708615614021.

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This piece sails in time and space, collecting memories in an effort to show instead of tell how masculinity is inculcated in children by parents. I use autoethnography to present scenes collected from three different moments of my life. I reflect on gender norms reproduced as complementary/opposite meanings, in which hierarchy remains, placing men above women.

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Koschut, Simon. "Appropriately Upset? A Methodological Framework for Tracing the Emotion Norms of the Transatlantic Security Community." Politics and Governance 6, no. 4 (December 28, 2018): 125–34. http://dx.doi.org/10.17645/pag.v6i4.1501.

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Emotions have been found to underpin the moral hierarchy of values and beliefs within and among groups by restraining undesirable attitudes and behavior. As such, emotions serve as potential indicators for analyzing whether or not certain norms are still deemed relevant. As Jon Mercer puts it: “One way to test for the presence of norms is to look for emotion”. While the literature in International Relations (IR) generally accepts the emotional underpinnings of norms, there has been strikingly little elaboration of appropriate methods and criteria for studying the link between emotion and norms in IR. In this contribution, I suggest that socialization processes in a security community involve the internalization of appropriate rules of emotional expression or, in short, emotion norms. I propose that emotion norms can be historically traced via the emotional vocabulary and expressive rules derived from the production of texts. To do this, I searched for documents and treaties that serve as canonical texts for the collective self-conception and self-image of the transatlantic security community. As I hope to show, in these texts one can find substantial evidence of emotion norms, which designates these documents as ‘emotional landmarks’ that embody the emotional construction of the transatlantic emotional (security) community.

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Carrim, Nasima M. H. "The In-Betweeners: Racio-ethnic and Masculine Identity Work of Indian Male Managers in the South African Private Sector." Journal of Men’s Studies 27, no. 1 (May 30, 2018): 3–23. http://dx.doi.org/10.1177/1060826518778239.

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This article examines the extent to which minority Indian male managers engage in identity work in their efforts to gain career ascendancy in the private sector in South Africa. Indian male managers occupying diverse management posts at middle management and senior management levels in various sectors were interviewed. Results indicate that Indian men worked and reworked their managerial and cultural identities to form coherent identities which they were comfortable enacting in corporate South Africa. Race hierarchy in some workplaces placed Indian males at a disadvantage related to promotional opportunities. There is no simple solution to the problem as race hierarchy still dominates corporate South Africa, and Western norms still prevail.

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Towns, Ann E. "Norms and Social Hierarchies: Understanding International Policy Diffusion “From Below”." International Organization 66, no. 2 (April 2012): 179–209. http://dx.doi.org/10.1017/s0020818312000045.

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AbstractThis article aims to rethink the operation of norms in international policy diffusion. Norms do not simply standardize state behaviors, as is conventionally argued; norms also draw on and set up hierarchical social orders among states. Through a conceptual rethinking we gain a better understanding of where—among which states—new policies may first emerge: social hierarchies create incentives for new policies to develop at the margins of international society so that policies may diffuse “from below.” We also get a better grasp of how policy advocates frame the appropriateness or benefits of a new state practice: they must frame policy demands in terms of the international standing and rank of the targeted state. This article's empirical aspiration is to use these insights to help account for the international policy diffusion of legal sex quotas, a policy to increase the level of female legislators that developed first among “developing” states rather than among the so-called core of international society. By pointing to the link between norms and social hierarchy, the article helps account for policy diffusion “from below.”

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Schalk, Sami. "Wounded Warriors of the Future Disability Hierarchy in Avatar and Source Code." Journal of Literary & Cultural Disability Studies: Volume 14, Issue 4 14, no. 4 (October 1, 2020): 403–19. http://dx.doi.org/10.3828/jlcds.2020.27.

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The article analyzes the representation of disabled veterans in James Cameron’s Avatar and Duncan Jones’s Source Code. The argument is that these two films use the figure of the heroic, technologically enhanced, white disabled veteran man to alleviate cultural anxieties, fears, and guilt about veterans and disabled people in the contemporary United States. In doing so, however, Avatar and Source Code perpetuate a disability hierarchy that reinforces a variety of oppressive cultural norms. The article, therefore, demonstrates how the films reflect the differential valuation and treatment of different kinds of disabled people in American culture at large via the genre of science fiction and its technological imaginative possibilities.

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Orakhelashvili, Alexander. "IV. OIL PLATFORMS (ISLAMIC REPUBLIC OF IRAN v UNITED STATES OF AMERICA), MERITS, JUDGMENT OF 6 NOVEMBER 2003." International and Comparative Law Quarterly 53, no. 3 (July 2004): 753–61. http://dx.doi.org/10.1093/iclq/53.3.753.

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On 6 November 2003 the International Court of Justice delivered its judgment in the Case Concerning Oil Platforms,1 which involves multiple aspects of international law, most notably the issues of treaty interpretation, use of force, hierarchy of norms and the nature of international judicial competence. The case arose out of forcible action by US naval forces in the Persian Gulf against certain Iranian oil platforms.

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Zamith, Rodrigo, Valerie Belair-Gagnon, and Seth C. Lewis. "Constructing audience quantification: Social influences and the development of norms about audience analytics and metrics." New Media & Society 22, no. 10 (October 16, 2019): 1763–84. http://dx.doi.org/10.1177/1461444819881735.

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Audience analytics and metrics are ubiquitous in today’s media environment. However, little is known about how creative media workers come to understand the social norms related to those technologies. Drawing on social influence theory, this study examines formal and informal socialization mechanisms in U.S. newsrooms. It finds that editorial newsworkers express receiving a moderate amount of training on the use of analytics and metrics, which is typically provided by their organization; primarily look to people within the organization, and especially superiors, to understand the social norms; learn about those norms mostly through observation and communication about others’ experiences with the technology rather than their own; and that experiences are influenced by the organizational context and the individual’s position in the editorial hierarchy. This leads to a broader intervention to our understanding of the social structures and individual dispositions that influence how emerging technologies are experienced across organizational and institutional environments.

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Adhikary, Ramesh Prasad. "Dismantling the Patriarchal Hierarchy in Willa Cather’s A Lost Lady." Journal La Sociale 1, no. 2 (May 1, 2020): 17–26. http://dx.doi.org/10.37899/journal-la-sociale.v1i2.89.

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This research paper is focused on how Willa Cather portrays the inner rebellion and the passion of a female character, Marian Forrester in her novel A Lost Lady. She walks against the social norms and she is presented as a rigid character who dismantles the male created hierarchy woman as a subordinate being in the society. Though she is married and living happily with her husband, somewhere deep down in her heart she is not happy with her husband. Marian seems to transcend her husband’s order. At that time female were not allowed to enjoy their freedom like the males. Marian goes against male hegemony and to create her separate identity. As a qualitative research, by using radical feminism as a tool of interpretation, the researcher collected textual evidenced from Cather’s novel and interpreted them to fulfill the objective of this research. This research concludes that Cather’s Marian has dismantled the social hierarchy created by the male superiority or patriarchy in the novel.

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Adhikary, Ramesh Prasad. "Dismantling the Patriarchal Hierarchy in Willa Cather’s A Lost Lady." ABC Journal of Advanced Research 9, no. 1 (May 7, 2020): 19–30. http://dx.doi.org/10.18034/abcjar.v9i1.498.

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This research paper is focused on how Willa Cather portrays the inner rebellion and the passion of a female character, Marian Forrester in her novel A Lost Lady. She walks against the social norms and she is presented as a rigid character who dismantles the male created hierarchy woman as a subordinate being in the society. Though she is married and living happily with her husband, somewhere deep down in her heart she is not happy with her husband. Marian seems to transcend her husband’s order. At that time female were not allowed to enjoy their freedom like the males. Marian goes against male hegemony and to create her separate identity. As a qualitative research, by using radical feminism as a tool of interpretation, the researcher collected textual evidenced from Cather’s novel and interpreted them to fulfill the objective of this research. This research concludes that Cather’s Marian has dismantled the social hierarchy created by the male superiority or patriarchy in the novel.

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Zadorozhna, S. M. "Modern principles of international law in the hierarchy of norms of international, supranational and national law." Legal Horizons 14, no. 27 (2019): 125–31. http://dx.doi.org/10.21272/legalhorizons.2019.i14.p125.

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GERDES, KLAUS, and CHRISTOPH SCHWAB. "HIERARCHIC MODELS OF HELMHOLTZ PROBLEMS ON THIN DOMAINS." Mathematical Models and Methods in Applied Sciences 08, no. 01 (February 1998): 1–35. http://dx.doi.org/10.1142/s0218202598000020.

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The Helmholtz equation in a three-dimensional plate is approximated by a hierarchy of two-dimensional models. Computable a posteriori error estimators of the modeling error in exponentially weighted norms are derived, and sharp, computable estimates for their effectivity indices are also obtained. The necessity of including, besides polynomials, a certain number of trigonometric director functions into the Ansatz, in order to prevent pollution effects at high wave numbers is demonstrated both theoretically and computationally.

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de Wet, Erika. "The Role of European Courts in the Development of a Hierarchy of Norms within International Law: Evidence of Constitutionalisation?" European Constitutional Law Review 5, no. 2 (June 2009): 284–306. http://dx.doi.org/10.1017/s1574019609002843.

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Constitutionalism – Kadi ruling of EU Court of First Instance – Erosion of ‘total’ constitutional order by reallocation of public power – Constitutional vision challenge of networks approach – Emerging human rights hierarchy – Rudimentary international value system – Ius cogens and erga omnes – Barcelona Traction – Core human rights elements – Enforcement through regional and domestic courts – Review of Security Council resolutions

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Черкашина, Татьяна, Tatiana Cherkashina, Н. Новикова, N. Novikova, О. Трубина, and O. Trubina. "«Quanta» Language Consciousness and Problems in the Functioning of the Communicative Norms." Scientific Research and Development. Modern Communication Studies 8, no. 1 (February 19, 2019): 26–30. http://dx.doi.org/10.12737/article_5c5a8a5e598c91.17484544.

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The article considers the conceptualization of the world from the point of view of its methodological paradigm assessment in the context of the globalizing world. A retrospective analysis of the relationship between language and human speech activity is given. The authors explain the role of language as a socio-cultural phenomenon in the formation of worldview systems that develop in the consciousness with the help of minimal units of human experience in their ideal meaningful representation in special concepts, which allows the individual to think within the boundaries of a certain linguistic picture of the world. Analyzes the problems of the functioning of communicative norms with regard to the hierarchy of the spiritual representations of the world. The article attempts to consider the impact of the “blurring” of the information boundaries of the globalizing world on the cognitive abilities of the individual in the nomination, qualification of the subject, phenomenon, process.

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Rudisunhaji, Muhamad Asngad, Kojin Kojin, Ahmad Nurcholis, and Umi Machmudah. "AL-TSUNAIYYAH AL- TSAQAFIYYAH LADAY MUHADIRI AL-LUGAH AL-‘ARABIYYAH FI AL-JAMI‘AT AL-ISLAMIYYAH AL-HUKUMIYYAH FI JAWA AL-SYARQIYYAH." LiNGUA: Jurnal Ilmu Bahasa dan Sastra 15, no. 2 (December 31, 2020): 227–38. http://dx.doi.org/10.18860/ling.v15i2.9019.

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This paper attempted to investigate the trends or cultural attitudes of Arabic lecturers of East Java’s State Islamic Universities (PTAIN) in using Arabic. To this end, the present study used a quantitative approach The results show that the directive utterances used by Arabic language lecturers at East Java’s PTAIN tend to take the form of direct speech acts through certain language politeness features. Besides, the hierarchy of the directive politeness speech in Arabic and Indonesian shared a similar degree of illocution. However, there is no significant difference between the hierarchy of directive politeness speech in Arabic, Indonesian, and Javanese perceived by the Arabic language teachers based on the Chi-square statistics test with α = 0.05. Consequently, they tend to use non-Arabic socio-cultural norms in expressing various directive utterances in Arabic.

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Journal articles on the topic 'Norms hierarchy'

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