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1 – 10 of 551The sociological and socio-legal literatures on social movements have identified three main types of “legal framing” in contemporary social movement discourse: collective rights…
Abstract
The sociological and socio-legal literatures on social movements have identified three main types of “legal framing” in contemporary social movement discourse: collective rights framing, individual rights framing, and nationalistic legal framing. However, it is unclear from the current research how movement actors decide which of these framing strategies to use, under what circumstances, and to what effect. In this article, I offer a model for future empirical research on legal framing, which (1) distinguishes legal framing by its argumentative structure, ideological content, and remedy; and (2) analyzes how a social movement’s internal culture and institutional environment constrain the symbolic utility of particular legal frames and shape the movement’s legal framing strategy. I argue that the alternative approach offered here will help theorize how social movements strike a balance between the institutional pressure to reproduce dominant ideologies and the internal pressure to reform those ideologies. This perspective thus helps build socio-legal theory on the relationship between legal framing and social subordination, and on the conditions under which movements will be able to inflect legal language with insurgent social movement values.
The paper aims to critically evaluate the legal provisions related to Kuwait’s financial disclosure system and whether its anti-corruption measures are sufficient. The hypothesis…
Abstract
Purpose
The paper aims to critically evaluate the legal provisions related to Kuwait’s financial disclosure system and whether its anti-corruption measures are sufficient. The hypothesis supposes that there is a possible correlation between Kuwait’s laws and regulations and the disclosure system’s failure to detect illicit enrichment crimes.
Design/methodology/approach
This doctrinal and reform-oriented study examined Kuwait’s procedures for assessing public officials’ financial statements and the laws regulating illicit enrichment crimes. The content analysis explored criminal courts’ judgements of these illicit enrichment cases.
Findings
Although the disclosure system’s primary role is to detect illicit wealth, the findings suggest that it fails to achieve its primary objective. The findings also highlight the system’s major challenges to suggest possible reforms.
Research limitations/implications
A comprehensive evaluation of the legal provisions within Kuwait’s disclosure system is beyond the scope. To improve the system’s effectiveness, adopting an accessible online platform on which filers can submit their disclosure statements and follow up with a verification process is recommended. Also, requiring interested individuals to physically visit a location where the disclosure information is held can balance protecting officials’ privacy/security and offering individuals the ability to verify the declared information.
Originality/value
To the best of the author’s knowledge, this study is the first to research the possible correlation between the issues in the Kuwaiti disclosure system’s legal provisions and its failure to detect illicit enrichment during major criminal scandals. It is also the first to analyse these legal provisions and present a critical evaluation of their shortcomings.
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While there has been the emergence of a substantial body of scholarship on the place of religion and spirituality in social work, the predominant voices in this discourse have…
Abstract
Purpose
While there has been the emergence of a substantial body of scholarship on the place of religion and spirituality in social work, the predominant voices in this discourse have primarily been authors from the English-speaking North Atlantic countries. The purpose of this paper is to redress this issue by exploring the impact of other national perspectives.
Design/methodology/approach
Using a post-colonial perspective, the author reflects on the issues which emerged in seeking to develop a truly international perspective on religion and spirituality in social work.
Findings
There are important historical and contextual differences between countries which influence how social work is practiced, as well as different understandings as to what social work is. These differences are reflected in social workers’ understandings as to how religion and spirituality can be utilised in social work practice. It is also noted that the growing enthusiasm of social workers to embrace religion and spirituality in their practice needs to be tempered by the realisation that religion and spirituality can be harmful in some circumstances.
Originality/value
This paper demonstrates how drawing on a wider range of international perspectives has the potential to enrich social work scholarship and practice.
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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.
Purpose – The chapter explores the use of freedom of information (ATI/FOI) requests in social science research, with specific focus on using ATI/FOI requests in socio-legal…
Abstract
Purpose – The chapter explores the use of freedom of information (ATI/FOI) requests in social science research, with specific focus on using ATI/FOI requests in socio-legal studies, criminal justice studies, and criminology.
Methodology/approach – ATI/FOI requests constitute a novel method of data collection that has methodological and also epistemological implications for researchers.
Findings – The chapter explains how to use ATI/FOI requests in social science as well as how to navigate challenges and barriers ATI/FOI users regularly face.
Originality/value – There is a paucity of writings on use of ATI/FOI requests in socio-legal studies, criminal justice studies, and criminology. The chapter reveals the value of using ATI/FOI in social science and the originality of the data that ATI/FOI requests can result in.
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This chapter derives from the movieDr. Strangelovecues for exploring questions about the quest for methodological insularity and purity in socio-legal research. Steven Lukes’…
Abstract
This chapter derives from the movieDr. Strangelovecues for exploring questions about the quest for methodological insularity and purity in socio-legal research. Steven Lukes’ classic three-dimensional model of power provides an intellectual focus for the core exploration of relations between epistemology and data generation, the two key elements that we usually identify with methodology. The discussion culminates in an affirmative argument for the value of approaching methodology as jazz, the creative popular music that grounds reliable, humane sense in Kubrick's movie and provides an apt analogy for much of the leading scholarship in the LSA tradition.
This paper explores the reasons why Indonesia must have legal regulations to provide protection and guarantees for health workers in carrying out the profession in overcoming…
Abstract
Purpose
This paper explores the reasons why Indonesia must have legal regulations to provide protection and guarantees for health workers in carrying out the profession in overcoming corona virus disease (COVID-19). This paper also explains the legal regulations as the foundation for today’s medical workers’ protection. This paper also aims at providing an ideal legal construction that safeguards the rights and obligations of health workers in overcoming COVID-19.
Design/methodology/approach
In this paper, the author used qualitative research methods with a socio-legal approach. The data were obtained through literature study and analysis of laws and regulations through the socio-legal method.
Findings
Various challenges and professional risks taken by health workers in dealing with COVID-19 derive from several factors, such as shortage of personal protective equipment, ineffective implementation of informed consent from the patients and the negative stigma spreading in the community. Moreover, the current legal regulation has not particularly modulated the protection of health workers, relying only on available articles that are actually irrelevant to be applied in the COVID-19 pandemic.
Research limitations/implications
This research is focused on problems faced by health workers in combating COVID-19 and law concessions to ensure their protection.
Practical implications
The final results of this research will be useful for The House of Representatives (DPR), the Ministry of Health of the Republic of Indonesia (Kemenkes RI) and the Indonesian Medical Association (IDI) in establishing legal and regulatory construction for the protection of health workers in tackling COVID-19.
Social implications
This research aims at strengthening legal protections for the health workers so that their rights and obligations are well guaranteed.
Originality/value
This paper proposes an ideal legal construction for the protection of health workers during the COVID-19 pandemic, which is currently still not specifically and rigidly regulated, to realize a guaranteed and sustainable life for health workers.
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Using socio-legal research on arrests and the criminal justice system, this paper contests the implicit argument in recent research on repression that arrests are “softer” than…
Abstract
Using socio-legal research on arrests and the criminal justice system, this paper contests the implicit argument in recent research on repression that arrests are “softer” than police violence. Specifically, the paper explores the physical conditions of arrest and detention, and the extent to which arrests initiate costly interactions with the legal system that punish defendants before they are even tried (or even if charges are later dropped). Using data on arrests and police practices from mine strikes in Arizona from the early 1980s and data on arrests and police practices during urban riots in the 1960s, the paper: (1) discusses the physical realities of arrest and detention; (2) outlines the array of costs that arrests impose on protesters; (3) discusses the implications of biased policing on that set of costs; and (4) examines the costs associated with mass arrests. The paper concludes this empirical analysis by questioning the commensurability of arrests with other forms of police action, including violence, against protesters.
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.
Introducing the concept of intra-social movement backlash this chapter explores the “legacy phase” of legal action focusing on conflicts and debates within a social movement that…
Abstract
Introducing the concept of intra-social movement backlash this chapter explores the “legacy phase” of legal action focusing on conflicts and debates within a social movement that has mobilized. Using a legal mobilization framework attuned to the recursive relationship between rights, rights-claiming activities, and collective identity, the chapter analyzes the mixed legacies of movement strategic litigation. Empirically, the chapter offers two illustrative case studies of intra-movement backlash in the women's and the disability rights movements in Canada. The findings suggest that while this form of backlash can have negative, disempowering effects, it also offers opportunities to challenge hegemonic structures within a social movement and re-imagine collective identities.