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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

Book part
Publication date: 14 December 2017

John Markoff

Social scientists continue to invest a great deal of effort in constructing superior measures of democracy without arriving at any consensus. Reflections on this state of affairs…

Abstract

Social scientists continue to invest a great deal of effort in constructing superior measures of democracy without arriving at any consensus. Reflections on this state of affairs frequently refer to an essay of more than a half-century ago in which the philosopher W. B. Gallie analyzed the characteristics of what he called “essentially contested concepts.” Gallie’s account of the properties of these concepts, however, is inadequate. It looks more promising to explore the contestants and the contests and especially the dynamic roles played by social movements in the history of democracy. Gallie’s focus on a debate among philosophers needs to be incorporated within a larger a larger field of social conflict.

Details

On the Cross Road of Polity, Political Elites and Mobilization
Type: Book
ISBN: 978-1-78635-480-8

Keywords

Article
Publication date: 19 September 2018

Jean Biwole Fouda and Irène Abessolo Abessolo

The purpose of this paper is to find out what added value does the stakeholder performance concept bring with respect to that of corporate social performance. To better understand…

Abstract

Purpose

The purpose of this paper is to find out what added value does the stakeholder performance concept bring with respect to that of corporate social performance. To better understand the developments of these concepts, the authors resort to Gallie’s theory (1956) of essentially contested concepts, the life-cycle model of Hirsch and Levin’s (1999) umbrella concepts. Reconciling these two theoretical frameworks allows us to introduce the competing category notion consisting of a dominant and a dominated-type concepts. Through a historical and synchronic literature examination, CSP is shown to have characteristics of the dominant type, thanks to its more diffuse character. On the other hand, the stakeholder performance would relate to the dominated type, though it provides better operationalization possibilities.

Design/methodology/approach

To better understand the developments of these concepts, Gallie’s theory (1956) of essentially contested concepts, the life cycle model of Hirsch and Levin’s (1999) umbrella concepts are used.

Findings

CSP has characteristics of the dominant type, thanks to its more diffuse character. On the other hand, the stakeholder performance relates to the dominated type, though it provides better operationalization.

Originality/value

CSP as a dominant type and stakeholder performance is a dominated type.

Book part
Publication date: 12 March 2020

Sergio Paternostro

There are still many different theoretical approaches and practical interpretations about what an integrated report is. Starting from this premise, the overall purpose of this…

Abstract

There are still many different theoretical approaches and practical interpretations about what an integrated report is. Starting from this premise, the overall purpose of this chapter is to critically analyze the relationship between integrated reporting (IR) and social/sustainability disclosure. Indeed, although some scholars considered IR as a tool to improve the sustainability approach of the companies allowing to disclose more relevant social information, others are more critical about the potentiality of IR to improve social disclosure. Therefore, the general research question is: Is there a natural link between IR and social disclosure (true love) or is the IR a practice to “normalize” the social disclosure and accounting (forced marriage)?

In the attempt to provide a preliminary answer to the research question, the chapter analyzes what is the approach of three categories: (1) academics; (2) soft-regulators; and (3) companies. From the methodological point of view, a mixed method of analysis has been adopted.

From the analysis of the three different points of view, IR can be considered as a “contested concept” because of the heterogeneous and sometimes conflicting interpretations and implementation that are done on this type of report. This leads to relevant theoretical and practical implications.

Details

Non-Financial Disclosure and Integrated Reporting: Practices and Critical Issues
Type: Book
ISBN: 978-1-83867-964-4

Keywords

Book part
Publication date: 23 May 2017

Samantha Miles

Stakeholder theory has been accused of being an umbrella concept rather than a distinct theory per se. Recognizing the stakeholder concept as an essentially contested concept

Abstract

Stakeholder theory has been accused of being an umbrella concept rather than a distinct theory per se. Recognizing the stakeholder concept as an essentially contested concept subject to multiple competing interpretations, this chapter presents a systematic meta-level conceptual analysis. This chapter aims to contribute to the optimal development of stakeholder theory by clarifying the conceptual confusion surrounding its central construct to help prevent stakeholder theory from developing into an accumulation of disparate ideas. Multi-contextual contributions to stakeholder theory are analysed via an unparalleled bounded systematic review of 593 stakeholder definitions. Determinants of the stakeholder concept have been deconstructed and analysed to establish how definitional variables relate to variants of stakeholder theory. These determinants have been sorted, filtered and ordered to produce a comprehensive, multi-dimensional classification of stakeholder theory based on four hyponyms which relate to 16 definitional categories. The classification was then subjected to empirical testing with positive results. This evaluation of the stakeholder concept illustrates how contributions are aligned and interrelated, thereby prescribing what is acceptable (unacceptable) as inclusion within stakeholder theory. An invaluable overview of what we know about stakeholder theory is presented within a single model, drawing the conclusion that stakeholder theory is indeed a single theory.

Book part
Publication date: 17 September 2014

Dwayne Woods

This chapter argues that despite the proverbial claim that populism is ill-defined and has too broad a conceptual net, the literature on the subject tends to converge toward four…

Abstract

This chapter argues that despite the proverbial claim that populism is ill-defined and has too broad a conceptual net, the literature on the subject tends to converge toward four core elements of populism that provides a conceptual and analytical unity. Furthermore, the conceptual core of populism explains why the concept has been able to encompass a wide range of populist manifestations without becoming an empty analytical shell. Also, the conceptual cores have helped provide the empirical basis that has given rise to a diverse and innovative literature that seeks to measure and compare cross-nationally populism.

Details

The Many Faces of Populism: Current Perspectives
Type: Book
ISBN: 978-1-78350-258-5

Open Access
Article
Publication date: 20 January 2022

Pussadee Nonthacumjane and Jan Michael Nolin

This study aims to propose the four different typologies for understanding local information.

1312

Abstract

Purpose

This study aims to propose the four different typologies for understanding local information.

Design/methodology/approach

This study applied a conceptual approach to analyze and clarify how the concept local information can be understood in wildly different ways. Furthermore, this study employed conceptual analysis of 36 studies. For the conceptual analysis, coding was applied to formulate and abstract four typologies for understanding local information with specific focus on the Thai cultural heritage setting.

Findings

The four different typologies include local information as an array of different interpretations as diverse meanings of local, local information as cultural heritage, local information as subject of information management and situated local information.

Research limitations/implications

This study mainly focuses relevant typologies for understanding local information in the Thai context.

Originality/value

This study contributes and extends the literature in the local information field and the cultural heritage context. In addition, an eclectic strategy of using several alternative typologies for dealing with essentially contested concepts is suggested. This can be useful not only for supporting librarians working with local information but also in other practices dealing with broadly defined concepts.

Open Access
Article
Publication date: 20 May 2022

Dirk Raith

The paper aims to show that materiality in the EU's non-financial reporting directive (NFRD) is an ambiguous concept, that its meaning is contested and that this contest for…

3085

Abstract

Purpose

The paper aims to show that materiality in the EU's non-financial reporting directive (NFRD) is an ambiguous concept, that its meaning is contested and that this contest for materiality is a contest for the meaning of Corporate Social Responsibility (CSR). Thus, the paper shall highlight a new aspect of materiality as a core principle in non-financial reporting.

Design/methodology/approach

The paper combines a historical analysis of the EU's CSR policies, an in-depth textual analysis of the EU's 2014 NFRD and associated documents, of non-financial reporting frameworks and exemplary adoptions of the NFRD in national laws.

Findings

The paper identifies two conflicting views of materiality in the NFRD. It shows that these “additive” and “cumulative” views correspond to the approaches taken by the Global Reporting Initiative (GRI) and International Integrated Reporting Council (IIRC) frameworks and by different national adoptions of the NFRD. The paper concludes that this contest for materiality is a contest for CSR – focusing either on business risks or impacts, shareholders or stakeholders, the business case or the social case for such a responsibility.

Research limitations/implications

The paper is mainly based on an in-depth analysis of the European debate on materiality in non-financial reporting. Some of the paper's descriptive results are thus limited to this particular case. However, the main conceptual findings are backed up by an analysis of internationally established reporting frameworks and scholarly debates on the issue.

Practical implications

The paper reveals the practical implications of the contesting “additive” and “cumulative“ understandings of materiality present in the NFRD. The paper thus further underpins the preference for a “double materiality” perspective in the revision of the NFRD and the EC's 2021 CSRD proposal.

Originality/value

The paper makes an original contribution in its explication of different understandings of materiality in non-financial reporting and how these eventually represent different, competing perspectives on the nature of the NFRD and of CSR.

Details

Journal of Applied Accounting Research, vol. 24 no. 1
Type: Research Article
ISSN: 0967-5426

Keywords

Content available
Book part
Publication date: 7 April 2023

Hugh Breakey

The concept of the ‘social licence to operate’ (SLO) is contested on almost every imaginable dimension. Stakeholders may decry it as an industry-created ploy to ethics wash their…

Abstract

The concept of the ‘social licence to operate’ (SLO) is contested on almost every imaginable dimension. Stakeholders may decry it as an industry-created ploy to ethics wash their operations and strategically manipulate community relations, while some industry figures despair over what they perceive as the arbitrary and even unilateral power that the weaponized concept of the social licence gifts to activists who seek to malign and disrupt law-abiding commercial operators. Others have lauded the social licence as a heaven-sent ethical tool, an effective lever for action that motivates leaders at profit-seeking enterprises to seriously consider ethical issues and prioritize community engagement. Still others will worry that a concept that can mean everything to everyone must ultimately mean nothing at all, and that the social licence is an empty and unhelpful buzzword. As the contributions to this Special Issue show, in different contexts – and sometimes even in the same context but for different stakeholders – all these views can be correct. From an ethical perspective, dangers, promises and irrelevance all attend the social licence.

Details

Social Licence and Ethical Practice
Type: Book
ISBN: 978-1-83753-074-8

Keywords

Book part
Publication date: 10 April 2020

Aurélien Acquier, Valentina Carbone and Laëtitia Vasseur

This chapter explores how classic and institutional entrepreneurs in the sharing economy (SE) frame and make sense of the emergent, plural, and contested SE concept. The authors

Abstract

This chapter explores how classic and institutional entrepreneurs in the sharing economy (SE) frame and make sense of the emergent, plural, and contested SE concept. The authors address this question through an investigation of an attempt to institutionalize the SE as a separate field in France, through data collected among SE entrepreneurs gravitating around OuiShare, a leading institutional entrepreneur for the SE. To analyze the plurality of discursive framings within the SE field, we explored how classic entrepreneurs affiliated with the SE and institutional entrepreneurs made sense of the concept and its related practices by referring to different theories and narratives. The results reveal that classic entrepreneurs used and combined four distinct theoretical currents (access economy, commons, gift, and libertarianism) to frame their projects. This framing diversity was further reinforced at the meso level by specific forms of institutional entrepreneurship which reflected and actively built on such framing diversity. However, over time, such heterogeneity negatively affects the internal coherence of the field. Based on these results, the authors discuss the impact of enduring framing diversity on the SE organizational field emergence and development.

Details

Theorizing the Sharing Economy: Variety and Trajectories of New Forms of Organizing
Type: Book
ISBN: 978-1-78756-180-9

Keywords

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