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1 – 10 of 93Law requires translations in order to make the mundane world legible to the legal sphere. This translation requires transposing an infinite landscape of ethical possibilities into…
Abstract
Law requires translations in order to make the mundane world legible to the legal sphere. This translation requires transposing an infinite landscape of ethical possibilities into a set number of categories, modes of speech, reasoning, and histories. The body represents both a challenge to this translation while illuminating the historical contingency of the contaminants that ineluctably shape law’s responsiveness. This chapter is concerned with the way the figure of the body in law acts as a kind of absent presence through the writ of habeas corpus, what Roberto Esposito (2015) calls ‘the silent mechanism that facilitates the passage from one mechanism to another through the chain of symbols engendered by its very presence’. The author would like to trace this chain of symbols which permits the passage from differing legal mechanisms through the history of the writ of habeas corpus to examine how it served as one vehicle through which law established predominance in Colonial British Columbia. Through British Columbia colonial legal history, this chapter will examine how Habeas corpus was used to more than merely seize jurisdiction but, more pointedly, to mobilise images of sovereignty to bolster local, contingent, and contextual forms of authority and sovereignty. In the end, the author’s argument will contribute to an understanding of the various mechanisms and discourses that sought to envelope the differing peoples, landscapes, and topographies of British Columbia into a single normative and affective legal atmosphere, as lawmakers sought to distinguish themselves from their southern neighbour’s colonial experience.
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This article develops a methodological framework to support qualitative analyses of legal texts. Scholars across the social sciences and humanities use qualitative methods to…
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.
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Andrew S. Fullerton, Michael A. Long and Kathryn Freeman Anderson
Research on the social determinants of health demonstrates that workers who feel insecure in their jobs suffer poorer health as a result. However, relatively few studies have…
Abstract
Research on the social determinants of health demonstrates that workers who feel insecure in their jobs suffer poorer health as a result. However, relatively few studies have examined the relationship between job insecurity and illegal substance use, which is closely related to health. In this study, we develop a theoretical model focusing on two intervening mechanisms: health and life satisfaction. Additionally, we examine differences in this relationship between women and men. We test this model using logistic regression models of substance use for women and men based on longitudinal data from the National Survey of Midlife Development in the United States. The results indicate that job insecurity is associated with a significantly higher probability of illegal substance use among women but not men. We interpret this as further evidence of the gendering of precarious employment. This relationship is not channeled through health or life satisfaction, but there is evidence that job insecurity has a stronger association with illegal substance use for women with poorer overall health.
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This chapter explores the phenomenon of organizational resilience. A comprehensive model was advanced and tested while utilizing a quantitative study conducted in the education…
Abstract
This chapter explores the phenomenon of organizational resilience. A comprehensive model was advanced and tested while utilizing a quantitative study conducted in the education system in Israel with 98 schools, involving 1,132 educators. Statistical analysis based on structural equation modeling revealed significant relationships between three antecedents (social capital, team empowerment, goal interdependence) and organizational resilience. In addition, a positive significant relationship was found between organizational resilience and organizational functioning in crisis. Organizational resilience was found to be a mediator between three of the antecedents (social capital, team empowerment, goal interdependence) and organizational functioning in crisis. Furthermore, organizational functioning in crisis was found to mediate the relationship between organizational resilience and organizational innovation. Implications for policymakers, managers, and change leaders in organizations are discussed.
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