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Author: Laura Beth Nielsen
Publisher: Routledge
ISBN: 1351879790
Category : Law
Languages : en
Pages : 648
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Book Description
This important volume examines rights from an inter-disciplinary law and society perspective, beginning with the premise that the most basic functions of rights requires the empirical study of rights consciousness and claiming behavior. As such the volume includes articles and essays by political scientists, historians, lawyers, and sociologists which place the study of ordinary citizens' understandings of rights, and what actions they take based on that knowledge, at the forefront of an empirical research agenda. This has important implications for law's capacity to achieve social change and can lead to better understanding of how rights can and should operate in a social and legal system. The volume is organized around the social movements and political processes which give rise to rights, the processes by which people come to understand they enjoy a right, the decision to invoke the right either formally or informally, and the organizational and institutional constraints and opportunities for exercising rights.
Author: Laura Beth Nielsen
Publisher: Routledge
ISBN: 1351879790
Category : Law
Languages : en
Pages : 648
Get Book Here
Book Description
This important volume examines rights from an inter-disciplinary law and society perspective, beginning with the premise that the most basic functions of rights requires the empirical study of rights consciousness and claiming behavior. As such the volume includes articles and essays by political scientists, historians, lawyers, and sociologists which place the study of ordinary citizens' understandings of rights, and what actions they take based on that knowledge, at the forefront of an empirical research agenda. This has important implications for law's capacity to achieve social change and can lead to better understanding of how rights can and should operate in a social and legal system. The volume is organized around the social movements and political processes which give rise to rights, the processes by which people come to understand they enjoy a right, the decision to invoke the right either formally or informally, and the organizational and institutional constraints and opportunities for exercising rights.
Author: Peter Cane
Publisher: OUP Oxford
ISBN: 019163543X
Category : Law
Languages : en
Pages : 1112
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Book Description
The empirical study of law, legal systems and legal institutions is widely viewed as one of the most exciting and important intellectual developments in the modern history of legal research. Motivated by a conviction that legal phenomena can and should be understood not only in normative terms but also as social practices of political, economic and ethical significance, empirical legal researchers have used quantitative and qualitative methods to illuminate many aspects of law's meaning, operation and impact. In the 43 chapters of The Oxford Handbook of Empirical Legal Research leading scholars provide accessible and original discussions of the history, aims and methods of empirical research about law, as well as its achievements and potential. The Handbook has three parts. The first deals with the development and institutional context of empirical legal research. The second - and largest - part consists of critical accounts of empirical research on many aspects of the legal world - on criminal law, civil law, public law, regulatory law and international law; on lawyers, judicial institutions, legal procedures and evidence; and on legal pluralism and the public understanding of law. The third part introduces readers to the methods of empirical research, and its place in the law school curriculum.
Author: Anders Sjöborg
Publisher: Springer
ISBN: 3319540696
Category : Social Science
Languages : en
Pages : 212
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Book Description
This book examines the interconnectedness between religion, education, and human rights from an international perspective using an interdisciplinary approach. It deals with compulsory or secondary school education in different contexts, as well as higher education, and has as its common theme the multiplicity of secularisms in different national contexts. Presenting rich cases, the contributions include empirical and theoretical perspectives on how international trends of migration and cultural diversity, as well as judicialization of social and political processes, and rapid religious and social changes come into play as societies find their way in an increasingly diverse context. The book contains chapters that present case studies on how confessional or non-confessional Religious Education (RE) at schools in different societal contexts is related to the concept of universal human rights. It presents cases studies that display an intriguing array of problems that point to the role of religion in the public sphere and show that historical contexts play important and different roles. Other contributions deal with higher education, where one questions how human rights as a concept and as discourse is taught and examines whether withdrawing from certain clinical training when in university education to become a medical doctor or a midwife on the grounds of conscientious objections can be claimed as a human right. From a judicial point of view one chapter discerns the construction of the concept of religion in the Swedish Education Act, in relation to the Swedish constitution as well European legislation. Finally, an empirical study comparing data from young people in six different countries in three continents investigates factors that explain attitudes towards human rights.
Author: Denise Meyerson
Publisher: Routledge
ISBN: 1000207668
Category : Law
Languages : en
Pages : 285
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Book Description
This book bridges a scholarly divide between empirical and normative theorizing about procedural justice in the context of relations of power between citizens and the state. Empirical research establishes that people’s understanding of procedural justice is shaped by relational factors. A central premise of this volume is that this research is significant but needs to be complemented by normative theorizing that draws on relational theories of ethics and justice to explain the moral significance of procedures and make normative sense of people’s concerns about relational factors. The chapters in Part 1 provide comprehensive reviews of empirical studies of procedural justice in policing, courts and prisons. Part 2 explores empirical and normative perspectives on procedural justice and legitimacy. Part 3 examines philosophical approaches to procedural justice. Part 4 considers the implications of a relational perspective for the design of procedures in a range of legal contexts. This collection will be of interest to a wide academic readership in philosophy, law, psychology and criminology.
Author: Mark Goodale
Publisher: Stanford University Press
ISBN: 0804771219
Category : Social Science
Languages : en
Pages : 272
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Book Description
Surrendering to Utopia is a critical and wide-ranging study of anthropology's contributions to human rights. Providing a unique window into the underlying political and intellectual currents that have shaped human rights in the postwar period, this ambitious work opens up new opportunities for research, analysis, and political action. At the book's core, the author describes a "well-tempered human rights"—an orientation to human rights in the twenty-first century that is shaped by a sense of humility, an appreciation for the disorienting fact of multiplicity, and a willingness to make the mundaneness of social practice a source of ethical inspiration. In examining the curious history of anthropology's engagement with human rights, this book moves from more traditional anthropological topics within the broader human rights community—for example, relativism and the problem of culture—to consider a wider range of theoretical and empirical topics. Among others, it examines the link between anthropology and the emergence of "neoliberal" human rights, explores the claim that anthropology has played an important role in legitimizing these rights, and gauges whether or not this is evidence of anthropology's potential to transform human rights theory and practice more generally.
Author: Maren Lytje
Publisher: Cambridge Scholars Publishing
ISBN: 1443887374
Category : History
Languages : en
Pages : 210
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Book Description
Challenging Ideas is a selection of articles which address the intersections between theory and empirical research. In general, the contributions to the volume focus on how imaginations of the temporal relationship between past and present might inform theory as well as empirical research. It is divided into two parts, the first of which, Memory, looks at the memory turn in the discipline of history, and includes investigations into the relationship between past and present in the working through of trauma and reflections on the relationship between media memory, collective memory and trauma. The second part of the volume, History looks at the intersections between social science, political theory and the writing of history. This section includes reflections on how the historian’s archival work might inform the construction of social and political theory and explorations of the temporal relationship between past and present at work in the archives. The contributions to this volume encourage historically oriented scholars to approach their work with an active interest in disciplines close to their topic and a reflexive attentiveness to the broader power relations within which they work. They offer different perspectives on the intrinsic relationship between past and present at work in the interactions between theory and empirical research, and thereby give impetus to challenging ideas and to the challenging of ideas in the social sciences and in the humanities.
Author: Alexander Max Bauer
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110613794
Category : Philosophy
Languages : en
Pages : 368
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Book Description
Two questions often shape our view of the world. On the one hand, we ask what there is, on the other hand, we ask what there ought to be. Empirical research and normative theory, the methodological traditions concerned with these questions, entered a difficult relationship, from at least as early as around the time of the advent of modern sciences. To this day, there remains a strong separation between the two domains, with both tending to neglect discourses and results from the other. Contrary to a verdict of strict segregation between "is" and "ought," there are, nowadays, various attempts to integrate both theoretical approaches. This calls for a discourse on the relation between empirical research and normative theory. In this volume, scholars from different disciplines – including psychology, sociology, economics, and philosophy – discuss the possible desired or undesired influences on, and limits of, the integration of these two approaches.
Author: Ran Hirschl
Publisher:
ISBN: 0198714513
Category : Law
Languages : en
Pages : 317
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Book Description
Comparative study has emerged as the new frontier of constitutional law scholarship as well as an important aspect of constitutional adjudication. Increasingly, jurists, scholars, and constitution drafters worldwide are accepting that 'we are all comparativists now'. And yet, despite this tremendous renaissance, the 'comparative' aspect of the enterprise, as a method and a project, remains under-theorized and blurry. Fundamental questions concerning the very meaning and purpose of comparative constitutional inquiry, and how it is to be undertaken, are seldom asked, let alone answered. In this path-breaking book, Ran Hirschl addresses this gap by charting the intellectual history and analytical underpinnings of comparative constitutional inquiry, probing the various types, aims, and methodologies of engagement with the constitutive laws of others through the ages, and exploring how and why comparative constitutional inquiry has been and ought to be pursued by academics and jurists worldwide. Through an extensive exploration of comparative constitutional endeavours past and present, near and far, Hirschl shows how attitudes towards engagement with the constitutive laws of others reflect tensions between particularism and universalism as well as competing visions of who 'we' are as a political community. Drawing on insights from social theory, religion, history, political science, and public law, Hirschl argues for an interdisciplinary approach to comparative constitutionalism that is methodologically and substantively preferable to merely doctrinal accounts. The future of comparative constitutional studies, he contends, lies in relaxing the sharp divide between constitutional law and the social sciences. Comparative Matters makes a unique and welcome contribution to the comparative study of constitutions and constitutionalism, sharpening our understanding of the historical development, political parameters, epistemology, and methodologies of one of the most intellectually vibrant areas in contemporary legal scholarship.
Author: Gary S. Becker
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
A diverse array of factors may influence both earnings and consumption; however, this work primarily focuses on the impact of investments in human capital upon an individual's potential earnings and psychic income. For this study, investments in human capital include such factors as educational level, on-the-job skills training, health care, migration, and consideration of issues regarding regional prices and income. Taking into account varying cultures and political regimes, the research indicates that economic earnings tend to be positively correlated to education and skill level. Additionally, studies indicate an inverse correlation between education and unemployment. Presents a theoretical overview of the types of human capital and the impact of investment in human capital on earnings and rates of return. Then utilizes empirical data and research to analyze the theoretical issues related to investment in human capital, specifically formal education. Considered are such issues as costs and returns of investments, and social and private gains of individuals. The research compares and contrasts these factors based upon both education and skill level. Areas of future research are identified, including further analysis of issues regarding social gains and differing levels of success across different regions and countries. (AKP).
Author: Celso Fernandes Campilongo
Publisher:
ISBN: 9781003120391
Category : Law
Languages : en
Pages : 0
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Book Description
This book discusses the designs and applications of the social systems theory (built by Niklas Luhmann, 1927-1998) in relation to empirical socio-legal studies. This is a sociological and legal theory known for its highly complex and abstract conceptual apparatus. But how to change its scale in order to study more localised phenomena, and to deal with empirical data, such as case law, statutes, constitutions and regulation? This is the concern of a wide variety of scholars from many regions engaged in this volume. It focuses on methodological discussions and empirical examples concerning the innovations and potentials that functional and systemic approaches can bring to the study of legal phenomena (institutions building, argumentation and dispute-settlement), in the interface with economy and regulation, and with politics and public policies. It also discusses connections and contrasts with other jurisprudential approaches - for instance, with critical theory, law and economics, and traditional empirical research in law. Two decades after Luhmann's death, the 21st century has brought countless transformations in technologies and institutions. These changes, resulting in a hyper-connected, ultra-interactive world society bring operational and reflective challenges to the functional systems of law, politics and economy, to social movements and protests, and to major organisational systems, such as courts and enterprises, parliaments and public administration. Pursuing an empirical approach, this book details the variable forms by which systems construct their own structures and semantics and 'irritate' each other. Engaging Luhmann's theoretical apparatus with empirical research in law, this book will be of interest to students and researchers in the field of socio-legal studies, the sociology of law, legal history and jurisprudence.
