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1 – 10 of 495
Book part
Publication date: 28 February 2019

Livia Holden

This chapter explores expert witnessing in anthropology and the raison d’être of cultural expertise as an integrated socio-legal concept that accounts for the contribution of…

Abstract

This chapter explores expert witnessing in anthropology and the raison d’être of cultural expertise as an integrated socio-legal concept that accounts for the contribution of social sciences to the resolution of disputes and the protection of human rights. The first section of this chapter provides a short historical outline of the occurrence and reception of anthropological expertise as expert witnessing. The second section surveys the theoretical reflections on anthropologists’ engagement with law. The third section explores the potential for anthropological expertise as a broader socio-legal notion in the common law and civil law legal systems. The chapter concludes with the opportunity and raison d’être of cultural expertise grounded on a skeptical approach to culture. It suggests that expert witnessing has been viewed mainly from a technical perspective of applied social sciences, which was necessary to set the legal framework of cultural experts’ engagement with law, but had the consequence of entrenching the impossibility of a comprehensive study of anthropological expert witnessing. While this chapter adopts a skeptical approach to culture, it also argues the advantages of an interdisciplinary approach that leads to an integrated definition of cultural expertise.

Article
Publication date: 29 March 2024

Sheshadri Chatterjee, Demetris Vrontis, Zahid Hussain, Gianpaolo Basile and Rosario Bianco

The purpose of this study is to develop a model for investigating the sharing of harmful messages by employees using social media using the conspiracy theory from a socio-legal

Abstract

Purpose

The purpose of this study is to develop a model for investigating the sharing of harmful messages by employees using social media using the conspiracy theory from a socio-legal perspective. This study also examines the moderating role of different demographic parameters such as age, gender and education toward sharing harmful messages using social media.

Design/methodology/approach

Using the conspiracy theory and social impact theory as the foundation of this study, the authors developed theoretical model and validated it using the structural equation modeling technique with 342 participants from various organizations across Europe and Asia. The study also used different statistical measures to understand the demographic impacts toward sharing harmful messages.

Findings

It was found that epistemic, existential and social motives significantly and positively influence employees’ inappropriate message-sharing and seeking behavior, which in turn influences them to share harmful messages on social media. The study also indicates that there are some moderating impacts of employee demography toward sharing harmful messages using social media platforms.

Research limitations/implications

This study investigates the antecedents of sharing harmful messages using social media by employees. The present study could be useful for the organizations leaders as well as policymakers and legal fraternity. The study uses a limited number of feedback to validate the model. Also, this is a cross-sectional study which is another limitation of this study.

Originality/value

This study has proposed and validated a theoretical model by using the conspiracy theory as well as the social impact theory which is unique. Moreover, this study adds value to the existing literature on the harmful impacts of social media and its societal impacts. Besides, the validated model of this study has a high explanatory power which is another uniqueness of this study.

Details

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

Keywords

Abstract

Details

Cultural Expertise and Socio-Legal Studies
Type: Book
ISBN: 978-1-78769-515-3

Book part
Publication date: 5 December 2007

Rosemary Hunter

In response to the divides identified by some UK writers between critical legal scholarship, left political agendas, and empirical, policy-driven, socio-legal research, and…

Abstract

In response to the divides identified by some UK writers between critical legal scholarship, left political agendas, and empirical, policy-driven, socio-legal research, and indications of similar divides in the US, this essay seeks to demonstrate the possibilities for work that negotiates between progressive political commitments, social and political theory, policy concerns, and social scientific approaches to the interface between law and society. It does so by reference to three case studies of critical, feminist socio-legal scholarship, which address policy issues in the areas of family law, the legal profession, and access to justice.

Details

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

Article
Publication date: 30 July 2020

Alvin Hoi-Chun Hung and Aung Myo Min

The purpose of this paper is to highlight the cultural issues and difficulties encountered when conducting ethnographic fieldwork and interviews in Myanmar and to discuss the…

Abstract

Purpose

The purpose of this paper is to highlight the cultural issues and difficulties encountered when conducting ethnographic fieldwork and interviews in Myanmar and to discuss the measures to overcome such challenges. It aims to provide insight for foreign researchers seeking to collect rich, meaningful and reliable data while establishing fruitful relationship with Burmese participants.

Design/methodology/approach

This paper draws on results from a research on cross-cultural dispute resolution in a Chinese-invested enterprise in Myanmar. The authors reflect on their fieldwork experience to present examples of cultural challenges, as well as the strategies used to deal with those challenges.

Findings

This paper finds that when conducting ethnographic fieldwork and interviews in Myanmar, researchers should take into consideration “anade” – an important Burmese social convention, perceived power distance between researchers and Burmese participants, roles of cross-cultural interpreters and possibility of cultural stereotypes, especially in a multicultural site. Measures need to be taken to adjust fieldwork arrangement and interview style, reduce perceived power distance and address the impact of prevalent stereotypes. Furthermore, researchers should properly conduct training and discussion sessions with Burmese interpreters to ensure they provide accurate yet culturally informed interpretation.

Originality/value

The cultural challenges in conducting ethnographic fieldwork and interviews in Myanmar remain under-explored. This paper addresses the knowledge gap and discusses various Myanmar-specific cultural issues that await researchers.

Details

Qualitative Research Journal, vol. 21 no. 2
Type: Research Article
ISSN: 1443-9883

Keywords

Article
Publication date: 18 October 2021

Toby Seddon

The purpose of this paper is to re-appraise the Misuse of Drugs Act 1971 in order to develop alternative and new ideas for drug law reform.

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Abstract

Purpose

The purpose of this paper is to re-appraise the Misuse of Drugs Act 1971 in order to develop alternative and new ideas for drug law reform.

Design/methodology/approach

The approach is to analyse the Act from historical and socio-legal perspectives, drawing on the inter-disciplinary field of regulation studies.

Findings

The Act has its roots in radical counter-cultural reform activism in the 1960s. Its innovative legal structure has enabled a diverse range of policy approaches to be possible over the last 50 years. Future drug law reform efforts need to broaden out from a narrow focus on law and also to engage more seriously with the politics of drug law and policy.

Originality/value

Drawing on the inter-disciplinary field of regulation studies leads to novel insights about the politics and practice of drug law reform.

Details

Drugs and Alcohol Today, vol. 21 no. 4
Type: Research Article
ISSN: 1745-9265

Keywords

Book part
Publication date: 22 February 2011

Jennifer Earl

Protests surrounding the 2004 Republican National Convention (RNC) resulted in over 1,800 arrests. Scholarship on repression is divided about the likely impacts of arrests on…

Abstract

Protests surrounding the 2004 Republican National Convention (RNC) resulted in over 1,800 arrests. Scholarship on repression is divided about the likely impacts of arrests on subsequent activism. Interviews with RNC arrestees are used to examine potential effects. Findings offer twists to social movements and socio-legal hypotheses: (1) while many arrestees were less willing to protest after their arrest, for many of these individuals deterrence was selective, not wholesale; (2) many factors that were expected to neutralize repressive impacts either resulted in deterrence or set the stage for radicalization; and (3) individuals who were radicalized shared strong preparation for their arrest experience.

Details

Special Issue Social Movements/Legal Possibilities
Type: Book
ISBN: 978-0-85724-826-8

Article
Publication date: 26 February 2024

Swati Chaudhury, Aditi Gupta, Kiran Nair, Apoorva Vats, Ranjan Chaudhuri, Zahid Hussain and Sheshadri Chatterjee

First, with real-life examples and current research, this study aims to demonstrate the existence of various forms of ostracism (linguistic, gender, social and workplace). Second…

Abstract

Purpose

First, with real-life examples and current research, this study aims to demonstrate the existence of various forms of ostracism (linguistic, gender, social and workplace). Second, following the “need-threat model,” this research addresses the previously unaddressed topic of coping with, reducing, mitigating or curbing workplace ostracism. Moreover, the researchers also proposed a “multiplying effect model” of ostracism.

Design/methodology/approach

Data was gathered from 199 service sector employees. The NVivo software is used for the thematic analysis of qualitative data(suggestions) gathered using open ended question on how to mitigate/reduce/curb ostracism.

Findings

The results generated were the suggestive measures, which were further categorized under three major themes: individual, society and organizational. The measures to reduce, mitigate and stop the practices of workplace ostracism can be initiated on all these three levels.

Originality/value

This is the only study that addresses the subject of decreasing, alleviating or eliminating workplace ostracism and explains the compounding effect of ostracism by suggesting a multiplying effect model. The study will pique the interest of the government and legislators to propose legal measures to prevent ostracism and achieve sustainable development goals (gender equality and reduced inequalities. The study’s practical, social, theoretical and managerial utility are discussed in the implications section.

Details

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

Keywords

Book part
Publication date: 22 February 2011

Scott Barclay, Lynn C. Jones and Anna-Maria Marshall

Those interested in studying the relationship between law and social movements have a wide variety of theoretical and empirical research to draw on, from both social movement…

Abstract

Those interested in studying the relationship between law and social movements have a wide variety of theoretical and empirical research to draw on, from both social movement theory and legal studies. Yet these disparate studies of law and social movements rarely engage with each other. In this chapter, we review current developments in research on law and social movements and summarize the chapters in this special issue. These chapters offer insight into the multivalent nature of law for social movements, the factors shaping movements’ strategic engagements with the legal system, the relationship between law and identity for social movement activists, and the complex role that cause lawyers play in social movement processes and dynamics.

Details

Special Issue Social Movements/Legal Possibilities
Type: Book
ISBN: 978-0-85724-826-8

Article
Publication date: 12 October 2012

Stefan Larsson, Måns Svensson, Marcin de Kaminski, Kari Rönkkö and Johanna Alkan Olsson

The purpose of this study is to understand more of online anonymity in the global file sharing community in the context of social norms and copyright law. The study describes the…

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Abstract

Purpose

The purpose of this study is to understand more of online anonymity in the global file sharing community in the context of social norms and copyright law. The study describes the respondents in terms of use of VPN or similar service related to age, gender, geographical location, as well as analysing the correlation with file sharing frequencies.

Design/methodology/approach

This study is to a large extent descriptively collecting data through a web‐based survey. This was carried out in collaboration with the BitTorrent tracker The Pirate Bay (TPB), allowing the authors to link the survey from the main logo of their site. In 72 hours the authors received over 75,000 responses, which gives the opportunity to compare use of anonymity services with factors of age, geographical region, file sharing frequency, etc.

Findings

Overall, 17.8 per cent of the respondents use a VPN or similar service (free or paid). A core of high frequency uploaders is more inclined to use VPN or similar services than the average file sharer. Online anonymity practices in the file sharing community are depending on how legal and social norms correlate (more enforcement means more anonymity).

Research limitations/implications

The web‐based survey was in English and mainly attracted visitors on The Pirate Bays' web page. This means that it is likely that those who do not have the language skills necessary were excluded from the survey.

Practical implications

This study adds to the knowledge of anonymity practices online in terms of traceability and identification. This means that it shows some of the conditions for legal enforcement in a digital environment.

Social implications

This study adds to the knowledge of how the Internet is changing in terms of a polarization between stronger means of legally enforced identification and a growing awareness of how to be more untraceable.

Originality/value

The scale of the survey, with over 75,000 respondents from most parts of the world, has likely not been seen before on this topic. The descriptive study of anonymity practices in the global file sharing community is therefore likely unique.

Details

Journal of Research in Interactive Marketing, vol. 6 no. 4
Type: Research Article
ISSN: 2040-7122

Keywords

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