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Diana Hernández

Many studies on legal consciousness suggest that the poor and working class are fundamentally excluded or disadvantaged, having a different legal consciousness from others…

Abstract

Many studies on legal consciousness suggest that the poor and working class are fundamentally excluded or disadvantaged, having a different legal consciousness from others that is “against the law” or cynical and dismissive about the law. My study is the first to examine polyvocality and change in legal consciousness among the poor. The women in my study are disadvantaged, to be sure, and face barriers to learning and mastering the law. But the interviews conducted for this study revealed that a remarkable shift in legal consciousness could take place as a result of the interface of perceptions, experience, and interaction with legal services, courts, and other members of the community. In this chapter, I develop a theoretical framework of legal entitlement in order to provide a more nuanced understanding of the variations and changes in legal consciousness among low-income mothers as well as how these differences impact the ways in which marginalized group members come to develop and exercise legal consciousness and also to mobilize the law.

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Special Issue Interdisciplinary Legal Studies: The Next Generation
Type: Book
ISBN: 978-1-84950-751-6

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Kathryne M. Young

This article's overarching purpose is to serve as an initial theoretical and empirical step in applying rights consciousness inquiry to the criminal procedure context…

Abstract

This article's overarching purpose is to serve as an initial theoretical and empirical step in applying rights consciousness inquiry to the criminal procedure context. First, building on previous work within the legal consciousness and rights consciousness traditions, I discuss the ways in which attention to criminal procedure can inform our understanding of rights consciousness and enumerate differences between the way rights consciousness approaches civil law and the ways it might approach criminal law. Additionally, I suggest that understanding the relationship between people's subjective impressions of procedures and procedures’ legal and moral validity offers a novel means of studying procedure that I term “procedural rights consciousness.” In the second part of the article, I report results of two studies designed as first empirical steps in applying rights consciousness as the first part suggests. My findings indicate that not only do people lack knowledge about their rights in criminal investigations but they also think about these rights in patterned ways that reflect a method of understanding law characterized by “lay jurisprudence” reasoning, in which culturally prevalent “tenets” are applied to specific situations. This mechanism often leads people to erroneous conclusions about the rights they possess. The final part of the article sets out an agenda for further rights consciousness research.

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Access to Justice
Type: Book
ISBN: 978-1-84855-243-2

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Chika Shinohara

Purpose – Using sexual harassment in Japan as a case, this research illustrates how local gender culture, particularly sexual harassment consciousness, has changed since…

Abstract

Purpose – Using sexual harassment in Japan as a case, this research illustrates how local gender culture, particularly sexual harassment consciousness, has changed since initial local legal reform.

Design/methodology/approach – The historical analysis draws on national newspaper reporting of a fairly new concept of sexual harassment into a local society.

Findings – My findings suggest that Japanese actively engaged in, rather than rejected, the new social issue; their active response gave rise to social consciousness toward sekuhara especially and sex discrimination more generally. Broader and more inclusive definitions of sexual harassment appeared in Japan than the original international legal definitions. Local–international interactions effectively shaped such outcomes.

Originality/value – This is the first qualitative and quantitative analysis of the media's portrayals of sexual harassment in Japan.

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Perceiving Gender Locally, Globally, and Intersectionally
Type: Book
ISBN: 978-1-84855-753-6

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Jérôme Pélisse

Legal intermediation is an emerging theoretical concept developed to grasp the importance of the process and actors who contribute to legal endogenization, in particular…

Abstract

Legal intermediation is an emerging theoretical concept developed to grasp the importance of the process and actors who contribute to legal endogenization, in particular in the field of economic activities and work governed by various public regulations. This chapter proposes to extend the analytical category of legal intermediary to all actors who, even if they are not legal professionals, deal on a daily basis with legal categories and provisions. In order to deepen our understanding of these actors and their contribution to how organizations frame legality, this chapter investigates four examples of legal intermediaries who are not legal professionals. Based on field surveys conducted over the past 15 years in France on employment policy, industrial relations, occupational health and safety regulation, and forensic economics, I make three contributions. First, the cases show the diversity of legal intermediaries and their growing and increasingly reflexive roles in our complex economies. Second, while they are not legal professionals per se, to different degrees, these legal intermediaries assume roles similar to those of legal professionals such as legislators, judges, lawyers, inspectors, cops, and even clerks. Finally, depending on their level of legitimacy and power, I show how legal intermediaries take part in the process of legal endogenization and how they more broadly frame ordinary legality.

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Abdullah- Al-Mamun, Ahasanul Haque and Muhammad Tahir Jan

The purpose of this study is to explore the variables that affect Muslim consumers’ perception towards tax rebate over zakat on income in Malaysia.

Abstract

Purpose

The purpose of this study is to explore the variables that affect Muslim consumers’ perception towards tax rebate over zakat on income in Malaysia.

Design/methodology/approach

A close-ended structured questionnaire was developed and a total number of 236 valid responses were collected through online survey from the Muslims residing in Malaysia.

Findings

This study found that halal-haram aspect of Islamic Shariah, legal consciousness and religiosity of Muslim consumers are positive significant factors for growing perceptions towards tax rebate over zakat on income in Malaysia.

Research limitations/implications

This study will definitely play an important leading role for the policy-makers and academicians in understanding the perceptions of Muslim consumers.

Practical implications

This study can assist zakat and tax authorities in Malaysia for taking corrective actions to adapt or improve the current policy on the basis of its Muslim consumers’ perception.

Social implications

The findings of this study can reduce the gap of understanding among Muslims in the society by letting other people’s perceptions towards tax rebate through zakat system in Malaysia.

Originality/value

As there are not enough studies in this area, this study will definitely play an important leading role for the countries or policy-makers or concerned zakat or tax institutions all over the world in capitalizing the practices which is highly and positively perceived by the Muslim consumers in Malaysia.

Details

Journal of Islamic Marketing, vol. 11 no. 2
Type: Research Article
ISSN: 1759-0833

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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…

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.

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

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Joshua C. Wilson

This article focuses on one court case concerning the regulation of Anti-Abortion protesting and asks: (1) Do the various actors involved in this case recognize a tension…

Abstract

This article focuses on one court case concerning the regulation of Anti-Abortion protesting and asks: (1) Do the various actors involved in this case recognize a tension between their actions and their broader beliefs concerning the regulation of political protests? (2) If this tension is recognized, how do the actors resolve it, and if it is not recognized, why is it not? While concerned with legal consciousness and cognitive dissonance, the article is framed by broader questions concerning tolerance and the interaction of law and political passions.

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Studies in Law, Politics and Society
Type: Book
ISBN: 978-1-84950-327-3

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Thomas F. Burke and Jeb Barnes

The empirical literature that attempts to study rights is at an impasse. It can demonstrate that big claims about how some rights structure politics are overblown, but it…

Abstract

The empirical literature that attempts to study rights is at an impasse. It can demonstrate that big claims about how some rights structure politics are overblown, but it has struggled to go beyond this step. This is in large part because studying rights is much more difficult than is commonly appreciated. A study of rights promises implicitly to be a study of how rights politics differs from other kinds of politics. But rights are so ubiquitous and so diverse in form that it is often unclear what the excluded other is. We examine three books on rights that we admire: two by political scientists, Gerald Rosenberg's The Hollow Hope and Michael McCann's Rights at Work, and one by an anthropologist, Sally Merry's Human Rights and Gender Violence. These books conceptualize rights in diverse ways, in diverse settings, using diverse methodologies; yet they run up against similar difficulties in trying to think beyond the cases they study. At the conclusion, we make some humble suggestions for how researchers might try to overcome these problems.

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Special Issue Revisiting Rights
Type: Book
ISBN: 978-1-84855-930-1

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Matthew C. Canfield

As social movements engage in transnational legal processes, they have articulated innovative rights claims outside the nation-state frame. This chapter analyzes emerging…

Abstract

As social movements engage in transnational legal processes, they have articulated innovative rights claims outside the nation-state frame. This chapter analyzes emerging practices of legal mobilization in response to global governance through a case study of the “right to food sovereignty.” The claim of food sovereignty has been mobilized transnationally by small-scale food producers, food-chain workers, and the food insecure to oppose the liberalization of food and agriculture. The author analyzes the formation of this claim in relation to the rise of a “network imaginary” of global governance. By drawing on ethnographic research, the author shows how activists have internalized this imaginary within their claims and practices of legal mobilization. In doing so, the author argues, transnational food sovereignty activists co-constitute global food governance from below. Ultimately, the development of these practices in response to shifting forms of transnational legality reflects the enduring, mutually constitutive relationship between law and social movements on a global scale.

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