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Book part
Publication date: 5 December 2007

Jonathan Goldberg-Hiller

Handler's genealogy of postmodernism recounted in his address recognizes its origin in aesthetic disciplines and its somewhat viral transcription into social jurisprudence: “the…

Abstract

Handler's genealogy of postmodernism recounted in his address recognizes its origin in aesthetic disciplines and its somewhat viral transcription into social jurisprudence: “the postmodern concept of subversion developed first in language and literary theory, art, and architecture and then spread into politics and law” (1992a, p. 698). Although Handler's rejection of deconstruction stems from what he sees to be its political quiescence, its association with aesthetic critiques of modernism haunts his claims as one source of its essential conservatism. Aesthetic values, he implies, remain distant or distinct from pressing issues of political and social inequality.

Details

Special Issue Law and Society Reconsidered
Type: Book
ISBN: 978-0-7623-1460-7

Book part
Publication date: 20 August 2012

Renee Ann Cramer

Undergraduate legal studies classrooms are ideal places in which to engage discourses on judging, and to invite students to analyze and understand contemporary cultural and…

Abstract

Undergraduate legal studies classrooms are ideal places in which to engage discourses on judging, and to invite students to analyze and understand contemporary cultural and political representations of the proper roles of judges and judging in democracies. This chapter examines undergraduate understandings of judicial independence and judicial activism, via class discussions surrounding the judicial retention election in Iowa in 2010. The election was occasioned by the groundbreaking state supreme court case Varnum et al. v. Brien (2009), legalizing same-sex marriage in the state. Drawing on participant–observation research as a professor in these courses, and examining student dialogue, class discussion, and web-board postings on the topic, I find that legal studies students are able to articulate a complex range of views regarding the judiciary, judicial activism, and same-sex marriage. Their ability to engage in (mostly) civil discourse on the topic of judging is of particular societal importance, given the limitations of contemporary public discourses about judging. These findings point, as well, to the potential role for engaged academics in expanding and contextualizing public conversations about judicial independence, judicial activism, and rights. The chapter also highlights, however, limits in that educational experience, in particular students' lionization of legal processes, simultaneous to their cynicism about, and lack of engagement in, electoral/political processes. This points to the development of interdisciplinary legal studies curricula as a means toward effective education for democracy.

Details

Special Issue: The Discourse of Judging
Type: Book
ISBN: 978-1-78052-871-7

Article
Publication date: 14 September 2022

Matthew Mitchell

This article develops a methodological framework to support qualitative analyses of legal texts. Scholars across the social sciences and humanities use qualitative methods to study

Abstract

Purpose

This article develops a methodological framework to support qualitative analyses of legal texts. Scholars across the social sciences and humanities use qualitative methods to study legal phenomena but often overlook formal legal texts as productive sites for analysis. Moreover, when qualitative researchers do analyze legal texts, they rarely discuss the methodological underpinnings that support their approach. A thorough consideration of the methodological underpinnings of qualitative approaches to legal analysis is therefore warranted.

Design/methodology/approach

By bringing critical legal theory into conversation with qualitative methodology, this article outlines a set of key principles to inform qualitative approaches to reading the law.

Findings

To construct this methodological framework, this article first distinguishes between qualitative approaches to textual analysis and the doctrinal approaches undertaken in legal practice and formal legal scholarship. It then considers how this qualitative approach might be applied to one particular genre of legal text: namely, judicial opinions, otherwise known as reasons for judgment. In doing so, it argues that robust qualitative analyses of legal texts must consider the unique characteristics of those texts, such as their distinct form, voice, rhetorical structure, and performative capabilities.

Originality/value

The methodological framework outlined here should encourage qualitative researchers to approach legal texts more readily and challenge the hegemony of doctrinal approaches to legal interpretation in social science research.

Details

Qualitative Research Journal, vol. 23 no. 1
Type: Research Article
ISSN: 1443-9883

Keywords

Book part
Publication date: 5 December 2007

Michael McCann

This chapter derives from the movieDr. Strangelovecues for exploring questions about the quest for methodological insularity and purity in socio-legal research. Steven Lukes’…

Abstract

This chapter derives from the movieDr. Strangelovecues for exploring questions about the quest for methodological insularity and purity in socio-legal research. Steven Lukes’ classic three-dimensional model of power provides an intellectual focus for the core exploration of relations between epistemology and data generation, the two key elements that we usually identify with methodology. The discussion culminates in an affirmative argument for the value of approaching methodology as jazz, the creative popular music that grounds reliable, humane sense in Kubrick's movie and provides an apt analogy for much of the leading scholarship in the LSA tradition.

Details

Special Issue Law and Society Reconsidered
Type: Book
ISBN: 978-0-7623-1460-7

Book part
Publication date: 20 November 2017

Steve Redhead

Abstract

Details

Theoretical Times
Type: Book
ISBN: 978-1-78714-669-3

Abstract

X = multiple interpretations

Details

Documents on Government and the Economy
Type: Book
ISBN: 978-1-78052-827-4

Book part
Publication date: 12 December 2023

Reyes L. Quezada, Mario Echeverria, Zulema Reynoso and Gabriel Nuñez-Soria

In this chapter, we present critical race theory (CRT) with a focus on Latino critical theory (LatCrit) and its impact on Latinx educators, Latinx youth, and Latinx communities…

Abstract

In this chapter, we present critical race theory (CRT) with a focus on Latino critical theory (LatCrit) and its impact on Latinx educators, Latinx youth, and Latinx communities. We focus on identity inclusion and Latinidad as a way to increase critical consciousness of educators and Latinx youth, language rights, and feminist pedagogies of resistance. LatCrit frameworks are used as transformational resistance and afford a productive platform for developing critical understandings of the educational experiences of Latinx youth. We discuss relationships and community through the alignment of LatCrit and critical pedagogy and the application of critical theory and community-responsive pedagogy in increasing equitable outcomes in educational settings that support Latinx youth and families. We provide recommendations to address the challenges Latinx youth face and how Latinx educators can continue to support youth through a LatCrit framework, and a summary of possible solutions to consider. We close with some reflection and dialogue questions.

Details

Contextualizing Critical Race Theory on Inclusive Education From a Scholar-Practitioner Perspective
Type: Book
ISBN: 978-1-80455-530-9

Keywords

Article
Publication date: 1 February 1990

Lewis D. Solomon

The future beckons… a new millennium…

Abstract

The future beckons… a new millennium…

Details

Humanomics, vol. 6 no. 2
Type: Research Article
ISSN: 0828-8666

Open Access
Article
Publication date: 18 July 2023

Anthony W. Dunbar

This paper is an extension of a panel presentation delivered in response to a joint call for panels by the Social Informatics and Information Ethics and Policy Special Interest…

Abstract

Purpose

This paper is an extension of a panel presentation delivered in response to a joint call for panels by the Social Informatics and Information Ethics and Policy Special Interest Groups for the 2022 Association for Information Science and Technology conference. The purpose is to introduce critical race frameworks and tenets as a lens to develop, assess and analyze the social informatics (SI) within information science (IS) research, professional discourse, praxis and pedagogical paradigms. This paper spotlights one of the presentations from that panel, an iteration of Critical Race Theory (CRT) designed specifically for information studies: CRiTical Race information Theory (CRiT).

Design/methodology/approach

Just as importantly, using SI as part of the context, the paper also includes a discussion that illustrates research and theory building possibilities as both counter and complement to the technocratic advances that permeate society at every level (macro, mezzo and micro), which can also be reasonably framed as the information industrial complex. Thus, CRiT joins other forms of critical discourse and praxis grappling with deconstructing, decolonizing, demarginalizing and demystifying the influence and impact of information technologies. While CRiT has global intentions and implications, this specific discussion has an extensive American focus.

Findings

If we consider the rapid pace in which techno-determinism is moving toward the vise grip of techno-fatalism controlled by frameworks generated from the information industrial complex, we can reasonably consider that humanity on a global basis is living within a meta-large technocratic crisis moment. This crisis moment is both acute and chronic. That is, the technocratic crisis is continuously moving quickly while simultaneously worsening over an extended period of time with no remedies and few responses to substantively address the crisis.

Research limitations/implications

Part of the nature of information and data is measurability. Thus, identifying compatible nomenclature connecting the descriptiveness of intersectionality (a seminal CRT tool) as a qualitative research method to the measurability of data connected to quantitative research, a mixed method approach moves from possible to plausible. Additionally, within IS, there are often opportunities to measure human engagement, such as social media content, search engine use, assessing practices of categorizations, and multiple forms of surveillance data as a short list. Hence, the descriptiveness of intersectional qualitative research “mixed” with the measurability of quantitative research within information settings implies exponential methodological possibilities.

Practical implications

CRiT is multilayered, on the one hand, with the intention of being a discipline-specific, information-specific form of CRT. On the other hand, CRiT theory building is interdisciplinary and transdisciplinary based on information as omnipresent phenomena. An ongoing challenge for CRiT theory building is identifying and working within a balance between, practitioners who typically throw anything and everything at practical problems, while scholars often slice problems into such small segments that practical understanding is severely limited. Embracing and integrating the dynamic interplay between developing ideas and using them is the key to evolving CRiT within the social sciences.

Social implications

There is plenty of room as well as a need for additional narrative discussing or challenging the use or appropriation of information from a technocratic approach, a counter to the information industrial complex.

Originality/value

CRiT is emerging and cutting edge in discussion that addresses the technocratic determinism found in most scholarly discourses.

Book part
Publication date: 27 January 2022

Jeroen Veldman and Hugh Willmott

We explore the significance of social ontology and its capacity to inform the specification of organizational status, architecture and capacities. We consider how different…

Abstract

We explore the significance of social ontology and its capacity to inform the specification of organizational status, architecture and capacities. We consider how different conceptions of social ontology are critical for explicating a range of epistemological and socio-economic questions concerning organizations and develop a research agenda oriented to studying these issues from the perspective of management and organization studies.

Details

The Corporation: Rethinking the Iconic Form of Business Organization
Type: Book
ISBN: 978-1-80043-377-9

Keywords

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