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Handler's genealogy of postmodernism recounted in his address recognizes its origin in aesthetic disciplines and its somewhat viral transcription into social…
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.
Globalisation is generally defined as the “denationalisation of clusters of political, economic, and social activities” that destabilize the ability of the sovereign State…
Globalisation is generally defined as the “denationalisation of clusters of political, economic, and social activities” that destabilize the ability of the sovereign State to control activities on its territory, due to the rising need to find solutions for universal problems, like the pollution of the environment, on an international level. Globalisation is a complex, forceful legal and social process that take place within an integrated whole with out regard to geographical boundaries. Globalisation thus differs from international activities, which arise between and among States, and it differs from multinational activities that occur in more than one nation‐State. This does not mean that countries are not involved in the sociolegal dynamics that those transboundary process trigger. In a sense, the movements triggered by global processes promote greater economic interdependence among countries. Globalisation can be traced back to the depression preceding World War II and globalisation at that time included spreading of the capitalist economic system as a means of getting access to extended markets. The first step was to create sufficient export surplus to maintain full employment in the capitalist world and secondly establishing a globalized economy where the planet would be united in peace and wealth. The idea of interdependence among quite separate and distinct countries is a very important part of talks on globalisation and a significant side of today’s global political economy.
Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination…
Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some legal aspects concerning MNEs, cyberspace and e‐commerce as the means of expression of the digital economy. The whole effort of the author is focused on the examination of various aspects of MNEs and their impact upon globalisation and vice versa and how and if we are moving towards a global digital economy.
An offshore sector makes reference to financial services and non‐financial services frameworks in a country/territory. Clientele who make use of these services are…
An offshore sector makes reference to financial services and non‐financial services frameworks in a country/territory. Clientele who make use of these services are non‐residents of the given jurisdiction. In these service frameworks assets can be diverted to, and business/financial affairs conducted in, an environment where a package of favourable regulatory incentives are in place to benefit clients who would ordinarily not be privy to such regulatory regimes in onshore jurisdictions. These regulatory incentives typically comprise incorporation mechanisms as regards commercial holding companies or overseas subsidiaries in client‐friendly fiscal and exchange control environments.
This chapter critically assesses the neoconservative communitarian critique of rights talk and practices in the contemporary United States. We argue that the critics are…
This chapter critically assesses the neoconservative communitarian critique of rights talk and practices in the contemporary United States. We argue that the critics are unconvincing about: (a) the institutional history of civil rights development; (b) the actual character of rights talk and practices in ordinary life; and (c) the allegation that rights talk undermines community, which remains a poorly specified and implicitly inegalitarian standard. Our argument is developed on the basis of sociolegal theory and empirical study over the last several decades.
This essay will consider three theories developed by international law scholars to analyze the international legal terrain and the strengths of each as well as issues it…
This essay will consider three theories developed by international law scholars to analyze the international legal terrain and the strengths of each as well as issues it fails to address sufficiently in the dimensions of power, meaning, and social relationships: bottom-up lawmaking; transnational legal processes; and global legal pluralism. The idea of bottom-up lawmaking, already discussed, has the strength of beginning from the everyday practices by which problems are solved that lead eventually to the creation of a body of law. However, the phrase bottom-up suggests that this is a grassroots movement, while it is typically cosmopolitan elites who generate the informal rules that become established over time. Explicit attention to the power relationships underlying this process would help to clarify what “bottom-up” means. As Judith Resnick points out, the terms “soft law” and “hard law” are themselves problematic, incorporating gender ideologies and suggesting that some international laws are enforced firmly, which is rarely the case in practice (personal communication).
The purpose of this paper is to discuss the tests the author faced in her sociolegal fieldwork on Hawaiian cockfighting, and to draw broader lessons from these tests for…
The purpose of this paper is to discuss the tests the author faced in her sociolegal fieldwork on Hawaiian cockfighting, and to draw broader lessons from these tests for other ethnographers of illegal organizations.
The author draws on six weeks of in-depth ethnographic fieldwork and interviewing.
Relational work in ethnographic fieldwork requires skills academia does not always impart – including humility, a sense of humor and patience with yourself and other people. Each test we face is a part of the ongoing process of building these relationships.
As ethnographers, it is sometimes considered “taboo” to tell our stories – to explain our internal and external struggles in the field. This taboo makes a certain amount of sense. After all, we are trying to understand society, not reflect on our own development as people. Yet the taboo is also a pity. For one, it is unrealistic to think that we are “mere observers” whose presence in the field does not affect it. “Scrubbing” ourselves from the field necessarily scrubs out some of our data. It also omits parts of the story that other researchers might find interesting or instructive.
Within the legal mobilization framework, sociolegal scholars identify elite support as a key indirect benefit of litigation. Court-centered strategies generate support from influential state and private actors, and this support helps a movement to achieve its goals. Instead of assuming elite support to be a decidedly positive step in a movement’s trajectory, a more contextual analysis situates elite support as a complex, dynamic factor that movement advocates attempt to manage. Such support may at times create political and legal risks that jeopardize a movement's progress. My analysis of the marriage equality movement suggests a tentative typology with which to approach elite support: Elite support appears generally productive for a movement when it leads to action consistent with the movement's strategy. On the other hand, elite support may pose significant risk when it prompts action inconsistent with the movement's strategic plan, even if it is consistent with the movement's substantive positions.
The paper first, indicates the references made by Greek legal order to different kind of cultural experts. Adopting a broader sociolegal definition of cultural expertise…
The paper first, indicates the references made by Greek legal order to different kind of cultural experts. Adopting a broader sociolegal definition of cultural expertise, it also refers to “cultural mediator,” a notion which has been introduced by the European Fund for the Integration of third-country nationals which launched the first educational programs for their training in Greece. The so-called cultural mediators should facilitate communication between third-country nationals and Greek Administration, the respect of their rights and thus in long term their integration. Secondly, the chapter exposes the experiences made by Asylum Service employees and lawyers of NGOs involved in the granting or refusing asylum proceedings. It will try to show how cultural mediation for asylum seekers works in action by exploring how do lawyers and officers involved in the process of asylum granting describe it. They also give their opinion about the training prerequisites for someone to work as a mediator and they refer to some common topics why cultural experts are mostly needed. Thirdly, the chapter presents the joint arguments of Greek anthropological theory and the political theory about EU regarding the importance of the effort to understand, to respect, and to integrate the culturally and politically different refugees. Cultural expertise may help Greek State and Society in learning how to respect the principle of equality and difference. At the same time, it may serve as a venue to solidify EU as a multiethnic political community and a cosmopolitan legal order.
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…
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.