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Article
Publication date: 8 August 2023

Elena Samarsky

The self-initiated nature of migration by self-initiated expatriates (SIEs) may make them more susceptible to the impact of the national context within which their adjustment…

Abstract

Purpose

The self-initiated nature of migration by self-initiated expatriates (SIEs) may make them more susceptible to the impact of the national context within which their adjustment takes place. Consequently, the failure or success of the expatriation depends on an SIE's ability to adapt to this national context. The paper aims to contribute to the adjustment theory literature by using the contextual angle and examining the impact of historical, legal, employment and hiring contexts on adjustment.

Design/methodology/approach

The paper uses data from a qualitative study of 42 in-depth interviews with German SIEs. The study used semi-structured in-depth interviews in order to collect a wide range of information on adjustment experiences, circumstances and expectations, enabling comparative analysis. All participants have self-initiated their move to Britain and relocated without organisational support, held university diplomas, worked according to their qualifications and relocated following a job offer.

Findings

Among the study's main findings is impact of national context on adjustment experience, especially the historical relations between the countries involved. German SIEs have enjoyed easy adaptation in their new workplaces due to structurally favourable positions within the local hierarchies of prejudice, which can be attributed to the complex historical relations between Germany and Britain. Furthermore, this study draws the attention to the particularities of the nationally constructed hiring practices. In particular, the speedy recruitment in Britain presented additional challenges in adjustment for some participants, while facilitating it for others.

Research limitations/implications

This study focuses on a specific population, and further research is needed to determine whether the findings can be generalised to other groups of SIEs in Britain and elsewhere. Another limitation of the study is the homogeneous nature of the sample in terms of education level and participant employment status (educated at a university level and found employment before relocation). Future research avenues include applying a comparative approach and focusing on the intersection between national context, employment circumstances, educational level and SIE adjustment.

Practical implications

The study documents the complex effects of the hiring context on SIE adjustment and suggests that communicating the nationally constructed recruitment practices will align the expectations of both parties. This may increase the effectiveness of hiring and placing within the company and have a positive impact on the adjustment and work performance of the SIE. Furthermore, understating the particularities of each national context can enable international human resources management (IHRM) professionals to assess the specificity of each potential employee and can provide well-considered suggestions concerning the effect of country-specific legal and historical context on their adjustment and hence provide SIEs with tailored support.

Originality/value

Although the adjustment of SIEs has attracted considerable research interest in recent years, it is often limited compared to the attention focused on assigned expatriates. This paper adds several original contributions to the IHRM literature. First, it expands knowledge on SIEs adjustment from a single country of origin living in a specific host country. Second, it enables a deep examination of the impact of the specific national context on SIEs adjustment as informed by certain historical and legal relations, as well as locally constructed hiring and employment practices.

Details

Career Development International, vol. 28 no. 4
Type: Research Article
ISSN: 1362-0436

Keywords

Open Access
Article
Publication date: 15 May 2023

Jinwon Jeon

This study aims to systematise the methodology used in comparative urban planning law and propose primary contexts for comparison in planning law.

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Abstract

Purpose

This study aims to systematise the methodology used in comparative urban planning law and propose primary contexts for comparison in planning law.

Design/methodology/approach

This study undertook a review of comparative law methodology discourse and sought to establish connections between the discourse and the field of planning law.

Findings

This study argues for establishment of a realistic goal for comparative planning law by focusing on the planning law's modifiability. The goal of comparison in planning law should not be to find universally desirable principles or better solutions. Rather, the goal should be to identify a motive for devising a solution. This is because it is not only difficult to establish legal values that are universally applicable to planning law but also inappropriate to determine superiority of planning laws that have been developed over time by each jurisdiction’s sovereignty and policies on land use. When determining comparable systems for analysis among legal systems that are functionally equivalent, it is important to consider the context of land use relations alongside the comparative analysis to be done. To set realistic goals, the context should not be extended indefinitely but be systematised. Based on the foundational relationship underlying planning law, including the tension between planning authorities and property owners, this study presents five specific contexts for comparative analysis: “Strength of Property Rights,” “Level of Judicial Intervention,” “Plan- or Development-led System,” “Allocation of Planning Power” and “Level of Participation.” Examination of these contexts will allow better understanding of the similarities and differences among different systems and practical application of the results of comparative studies.

Originality/value

This study presents a novel approach to systematising the methodology and framework of comparative planning law.

Details

Journal of Property, Planning and Environmental Law, vol. 15 no. 2
Type: Research Article
ISSN: 2514-9407

Keywords

Article
Publication date: 17 June 2021

Sheshadri Chatterjee and Sreenivasulu N.S.

The purpose of this study is to investigate the impact of artificial intelligence (AI) on the human rights issue. This study has also examined issues with AI for business and its…

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Abstract

Purpose

The purpose of this study is to investigate the impact of artificial intelligence (AI) on the human rights issue. This study has also examined issues with AI for business and its civil and criminal liability. This study has provided inputs to the policymakers and government authorities to overcome different challenges.

Design/methodology/approach

This study has analysed different international and Indian laws on human rights issues and the impacts of these laws to protect the human rights of the individual, which could be under threat due to the advancement of AI technology. This study has used descriptive doctrinal legal research methods to examine and understand the insights of existing laws and regulations in India to protect human rights and how these laws could be further developed to protect human rights under the Indian jurisprudence, which is under threat due to rapid advancement of AI-related technology.

Findings

The study provides a comprehensive insight on the influence of AI on human rights issues and the existing laws in India. The study also shows different policy initiatives by the Government of India to regulate AI.

Research limitations/implications

The study highlights some of the key policy recommendations helpful to regulate AI. Moreover, this study provides inputs to the regulatory authorities and legal fraternity to draft a much-needed comprehensive policy to regulate AI in the context of the protection of human rights of the citizens.

Originality/value

AI is constantly posing entangled challenges to human rights. There is no comprehensive study, which investigated the emergence of AI and its influence on human rights issues, especially from the Indian legal perspective. So there is a research gap. This study provides a unique insight of the emergence of AI applications and its influence on human rights issues and provides inputs to the policymaker to help them to draft an effective regulation on AI to protect the human rights of Indian citizens. Thus, this study is considered a unique study that adds value towards the overall literature.

Details

International Journal of Law and Management, vol. 64 no. 1
Type: Research Article
ISSN: 1754-243X

Keywords

Book part
Publication date: 10 August 2017

Aggie J. Noah and Nancy S. Landale

Research on behavioral functioning among Mexican-origin children primarily uses an individual-centered approach that ignores the residential context. In addition, most studies…

Abstract

Research on behavioral functioning among Mexican-origin children primarily uses an individual-centered approach that ignores the residential context. In addition, most studies have been unable to consider an important measure of inequality for this population, legal status; and mental health of children with undocumented parents is underexplored. We address these gaps by investigating the influence of parental legal status and neighborhood characteristics on Mexican-origin children’s behavioral functioning using a multilevel approach.

We use data from the Los Angeles Family and Neighborhood Study and 2000 decennial census. Our primary focus is variation in internalizing and externalizing behavior problems among Mexican-origin youth (N = 2,535) with mothers who are undocumented, documented or naturalized citizens, or US-born using multilevel models.

The multilevel results show the importance of considering parental legal status. Mexican children of unauthorized mothers are more likely to exhibit internalizing and externalizing problems than all other groups of Mexican children. Furthermore, neighborhood-concentrated disadvantage is significantly associated with internalizing behavior problems, and neighborhood-concentrated affluence is significantly associated with externalizing behavior problems. In short, the results demonstrate the importance of considering both parental legal status and neighborhood contexts for understanding behavior problems of Mexican-origin children.

Our findings suggest that Mexican children’s mental health outcomes – measured by internalizing and externalizing behavior problems – vary significantly by parental legal status and neighborhood contexts. This study provides important nuances for public policy for health care prevention and interventions.

Details

Health and Health Care Concerns Among Women and Racial and Ethnic Minorities
Type: Book
ISBN: 978-1-78743-150-8

Keywords

Book part
Publication date: 17 March 2010

Sara Kendall

Hybrid forms of international criminal justice have been lauded for combining the political and procedural legitimacy of international tribunals with increased attention to the…

Abstract

Hybrid forms of international criminal justice have been lauded for combining the political and procedural legitimacy of international tribunals with increased attention to the local contexts where mass crimes occurred. This work critically examines the hybrid legal structure of the Special Court for Sierra Leone, a novel post-conflict institution empowered to draw from both international and Sierra Leonean law. Although formally hybrid, the Court neglects domestic law in practice, suggesting that “hybridity” refers more to a rhetorical strategy aimed at legitimating its work than to its ontological status. By symbolically including and substantively excluding domestic law, the court's legal structure inadvertently resembles a colonial form of legal pluralism rather than a hybrid jurisdiction.

Details

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

Article
Publication date: 9 April 2018

Emma Lees and Edward Shepherd

The purpose of this paper is to present a “manifesto” exploring a methodological approach to legal analysis, relying upon a morphological understanding of ideology.

Abstract

Purpose

The purpose of this paper is to present a “manifesto” exploring a methodological approach to legal analysis, relying upon a morphological understanding of ideology.

Design/methodology/approach

The authors explore ideology within law and legal culture. They examine one such ideology – rule of law – and consider how this can shape judicial decision-making. They suggest techniques by which such influences can be identified.

Findings

The authors make four findings. First, following Freeden, ideology can be understood as a ubiquitous form of political thinking which seeks to fix the meanings of essentially contested concepts. Second, ideology in this sense forms an important part, but is distinguishable from the wider notion of legal culture. Considering ideology in law as a sub-system of legal culture can therefore be fruitful in providing a rich understanding of interpretive disagreements among the judiciary. Third, rule of law as an ideal is itself ideological, as it comprises contested concepts such as certainty, equality, stability and legality. It can be considered to constitute an internal ideology of law and it can be analysed how the concepts are de-contested in individual decisions. Finally, understanding this can help in the analysis of judgments in areas with high levels of administrative discretion and political contestation, such as planning and environmental law, as it helps us to understand how any particular judge sees the role of the court in its wider political context.

Originality/value

The originality of the authors’ approach lies in the drawing together of methodological techniques and understandings of ideology in, and in relation to, law.

Details

Journal of Property, Planning and Environmental Law, vol. 10 no. 1
Type: Research Article
ISSN: 2514-9407

Keywords

Article
Publication date: 3 June 2021

Antonio-Martín Porras-Gómez

As the Syrian civil war winds down, the massive reconstruction of the devastated cities has become a recurring subject of political and scientific discussions. A crucial question…

Abstract

Purpose

As the Syrian civil war winds down, the massive reconstruction of the devastated cities has become a recurring subject of political and scientific discussions. A crucial question pervades all these debates: is the current legal framework adequate for confronting the reconstruction challenges in an effective way? With the purpose of understanding and informing the question, this study aims to analyze the most important legal instrument for the Syrian urban reconstruction, Law 10/2018.

Design/methodology/approach

A functional analysis of the legal text and of its effective implementation is provided. Following a doctrinal legal approach, internal inconsistencies are highlighted, as well as possible “legal gaps” that might allow and favor instances of disrespect of the rule of law and regulatory capture.

Findings

The main hypotheses discussed are, first, from a descriptive-analytical perspective, that the neoliberal trend in the Syrian political economy underpins the legal framework for the Syrian reconstruction. Second, from a design perspective, that, while offering a strong mechanism for disciplining the Syrian urban planning, Law 10/2018 does not warrant a scenario of respect of the rule of law and seems too easy prey for regulatory capture.

Originality/value

While the most recent and prominent legal instrument aimed to frame Syrian post-war reconstruction, Law 10/2018, has been subject to multiple policy analyzes and critiques, these have focused almost exclusively on its presumed warchitecture dimension, lacking contextual depth and, most worryingly, ignoring any kind of doctrinal legal analysis. Setting the Law 10/2018 in its legal context is something that has not been done yet, even if, according to their own ontology, legal provisions have to be understood within the context of the legal system they are inserted in. This paper delves into the subject, analyzing the legal text, its juridical context and the way it has been interpreted by the administrative decision-maker while looking at instances where the axiological goals constitutionally proclaimed and legally enshrined might be prevented by the very regulatory configuration.

Details

Journal of Property, Planning and Environmental Law, vol. 13 no. 3
Type: Research Article
ISSN: 2514-9407

Keywords

Article
Publication date: 29 September 2023

Burak Doğan and Sinan Ertemel

This study aims to analyze notable distribution dispute cases from Islamic law history. The authors will assess these alongside resolutions proposed by historical authorities…

Abstract

Purpose

This study aims to analyze notable distribution dispute cases from Islamic law history. The authors will assess these alongside resolutions proposed by historical authorities, some of which evolved into established Islamic case law. In addition, the authors intend to apply classic fair division rules to these cases, providing alternative solutions. Using a game-theoretical approach, the authors plan to compare Islamic solutions with traditional division rules through axiomatic analysis. The goal of this study is to systematically explore the unique principles underpinning Islamic distributions.

Design/methodology/approach

In this study, the authors collate Islamic inheritance law disputes involving conflicting claims, unresolvable by primary Islamic law sources, from historical and modern texts. The authors formally model these as claims problems, surplus-sharing problems and adapted claims problems. Concurrently, the authors gather the proposed solutions and historical backgrounds offered by the era’s authorities and jurists. These solutions are axiomatically generalized into rules, while the axioms characterizing distribution rules are checked if they are aligned with Islamic norms and values. This approach facilitates a comparison between Islamic distributions and classic division rules.

Findings

The 'Awl and Radd doctrines, used in Islamic inheritance law, are axiomatically equivalent to the Proportional Rule, a prevalent non-Jewish division rule. These doctrines present solutions impervious to manipulation by legal heirs through rights transfer, unlike other possible distributions. Ibn 'Abbas' solution for Awliyya cases uses sequential priorities and diverges uniquely from classic fair division rules in the literature. In addition, it is established that Abu Yusuf's (b. 729) distribution for a legal dispute is axiomatically identical to Abraham ibn Ezra's (b. 1089) division rule.

Research limitations/implications

There is a noticeable dearth of comprehensive studies investigating contentious disputes concerning resource claims within Islamic law. Many of these studies are lacking in-depth analyses of diverse cases, casting doubts on their reliability. As a result, a robust focus is needed on case collection prior to any analytical process. Future research should concentrate on collating instances of fair division problems throughout Islamic history, as well as separately collecting methods of Islamic sharing. This procedure may lead to the characterization of various Islamic regulations, thereby emphasizing distinct Islamic principles. In forthcoming studies, conducting an exhaustive axiomatic evaluation of the cases and proposed resolutions is imperative.

Practical implications

This research illuminates existing knowledge gaps, setting a course for novel research trajectories. It underlines the fair division literature’s oversight of disputes within Islamic law, despite the plentiful existence of contentious cases. The research underscores the relevance of cooperative game theory as a tool for dissecting Islamic legal disputes. By accounting for unique Islamic norms and principles, this study lays a foundation for a nuanced comprehension of the dynamics and outcomes of legal disputes. By integrating an interdisciplinary approach, this research strives to bridge the gap between game theory and Islamic law.

Social implications

Beyond addressing a significant research lacuna, this study carries extensive societal implications. By shedding light on enduring debates within Islamic law, it encourages a rejuvenated understanding of the evolution and interpretation of legal disputes. The axiomatic disparities between rulers’ and jurists’ methods provide invaluable insights within the Islamic context, bolstering the understanding of sociocultural dynamics that influence legal decision-making. This research has the potential to shape legal discourse, guide policymaking and spur scholarly, juristic and societal dialogue. Consequently, it may foster a more comprehensive and enlightened approach toward the resolution of legal disputes in Islamic law.

Originality/value

To the best of the authors’ knowledge, this study is the first to examine Islamic law’s historical legal disputes from a game-theoretical standpoint. Existing studies rarely collect distribution disputes systematically, and none scrutinize the axiomatic rationales underlying authorities’ and jurists’ distributions, opting instead to focus on historical backgrounds. While the fair division literature extensively examines disputes, it often overlooks those originating from Islamic law, which presents a rich source of disputes that can be modeled as fair division problems. This research makes a distinct contribution by incorporating disputes from Islamic law into the existing body of cooperative game theory literature.

Details

Journal of Islamic Accounting and Business Research, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1759-0817

Keywords

Book part
Publication date: 1 January 2014

Jean Carmalt

This article looks at the relationship between human rights law and geography. Drawing from a meeting of the UN Human Rights Committee (HRC), the article explores how the right to…

Abstract

This article looks at the relationship between human rights law and geography. Drawing from a meeting of the UN Human Rights Committee (HRC), the article explores how the right to life was legally interpreted to apply to the loss of life associated with Hurricane Katrina. In particular, the article argues that the HRC’s legal interpretation of the right to life shifted as part of a discussion between the United States and nongovernmental organizations. The shift incorporated a more nuanced understanding of the spatial dimension of injustice by including preexisting inequalities and ongoing internal displacement in the analysis of human rights obligations related to the hurricane. The HRC meeting and the legal interpretations arising from that meeting therefore provide an example of Seyla Benhabib’s concept of “democratic iterations” as well as an example of how law can be “spatialized” through international legal processes.

Details

Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78350-785-6

Keywords

Article
Publication date: 1 June 2012

Mohamad Zakaria, Zanda Garanča and Abdallah Sobeih

This paper seeks to identify the practical challenges of implementing a code of conduct in the supply chain management of multinational mobile phone industries from diverse…

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Abstract

Purpose

This paper seeks to identify the practical challenges of implementing a code of conduct in the supply chain management of multinational mobile phone industries from diverse cultural and legal contexts by analysing critically how a multinational company manages the CSR concept in its supply chain.

Design/methodology/approach

This study is based on qualitative interviews, analysis of codes of conduct and the practices of Sony Ericsson as well as of one of its suppliers.

Findings

Codes of conduct should be perceived differently within different contexts. Therefore, cultural and legal issues have to be considered when formulating and implementing codes of conduct, and when assessing compliance. The development of codes of conduct in the mobile phone industry is an ongoing process. Both cultural and legal challenges have to be considered.

Originality/value

Each company should define its own standards and limits of responsibility within the context of ethical sourcing, while some basic codes of conduct compliance should be forced on the whole mobile phone industry.

Details

Social Responsibility Journal, vol. 8 no. 2
Type: Research Article
ISSN: 1747-1117

Keywords

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