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Abstract

Details

Understanding Intercultural Interaction: An Analysis of Key Concepts, 2nd Edition
Type: Book
ISBN: 978-1-83753-438-8

Book part
Publication date: 19 April 2024

Rania Maktabi

This chapter discusses the extension of legal equality between male and female citizens in four states in North Africa – Tunisia, Egypt, Morocco and Algeria – through one specific…

Abstract

This chapter discusses the extension of legal equality between male and female citizens in four states in North Africa – Tunisia, Egypt, Morocco and Algeria – through one specific lens: A married woman's legal capacity to initiate and obtain divorce without the husband's consent. Building on the works of Stein Rokkan and Reinhard Bendix on the expansion of citizenship to the ‘lower classes’, it is argued that amendments in divorce law by introducing in-court divorce for women, in addition to out-of-court divorce, is a significant institutional change that extends legal equality between men and women. The introduction of in-court divorce expands female citizenship by bolstering woman's juridical autonomy and capacity in state law. Changes in divorce laws are thus part of state centralization by means of standardizing rules that regulate family law through public administrative institutions rather than religious organizations. Two questions are addressed: First, how did amendments in divorce laws occur after independence? Second, in which ways did women's bolstered legal capacity in divorce have a spill over effect on reforms in other patriarchal state laws? Based on observations on sequences of change in four states in North Africa, it is argued that amendments that equalize between men and women in divorce should be seen as a key driver for reforms in other state laws, that reduce legal inequality between male and female citizens. In all four states, women's citizenship was extended in nationality law and criminal law after amendments in divorce law gave women unilateral legal power to exit a marital relationship.

Details

A Comparative Historical and Typological Approach to the Middle Eastern State System
Type: Book
ISBN: 978-1-83753-122-6

Keywords

Open Access
Book part
Publication date: 29 September 2023

Asuncion Fresnoza-Flot

The literature on ‘mixed’ families (in which members are socially viewed as ‘different’ due to their varying ethnicities and/or nationalities) identifies several stakes of…

Abstract

The literature on ‘mixed’ families (in which members are socially viewed as ‘different’ due to their varying ethnicities and/or nationalities) identifies several stakes of mixedness. One of them arises from childbirth, after which parents need to give name(s) to their offspring. How does the parent–child dyad understand the giving of names in their mixed family? What does naming children unveil regarding interpersonal interactions and the value of children within this social unit? The chapter delves into these questions through a case study of forenaming children in Filipino-Belgian families in Belgium. Interview data analysis reveals two modes of forenaming in these families: individualisation through single forenames and reinforcement of collective affiliation through compound forenames. Through the analytical framework of social relatedness, this chapter uncovers the way the act of naming a child bridges families based on biological and social ties, generations, and parents' nations of belonging in their transnational spaces. The complex process of naming reflects the power dynamics not only within the parental couple but also within the wider set of social relations. Although the use of forename(s) in everyday life and in legal terms differ, the value of children in the mixed families studied lies in their symbolic role as social bridges linking generations and non-biological relationships, the then and now, and the here and there.

Details

The Emerald Handbook of Childhood and Youth in Asian Societies
Type: Book
ISBN: 978-1-80382-284-6

Keywords

Article
Publication date: 28 March 2023

Shuling Yang, Natalia A. Ward and Emily Hayden

Naming practices reflect culture, language and identity considerations. This study aims to explore Chinese American naming choices, revealing nuanced and complex linguistic…

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Abstract

Purpose

Naming practices reflect culture, language and identity considerations. This study aims to explore Chinese American naming choices, revealing nuanced and complex linguistic, cultural and pragmatic considerations for teachers of literacy.

Design/methodology/approach

The authors interviewed Chinese parents who are now living with their school-aged children in the USA on the naming choices of their students. By using content analysis, this study found patterns and themes from the interview data.

Findings

The findings of this study suggest Chinese parents named their US school-aged children by taking into consideration of both Mandarin and English linguistic features, traditional and pop culture and the transnational identity of their children.

Originality/value

The findings of this study can help teachers and teacher educators better understand the naming traditions of Chinese American families and connect these traditions to literacy instruction in the classroom. This study proposes practical suggestions suitable for both monolingual and multilingual students to explore all children’s names and help build inclusive, culturally sustaining classrooms.

Details

Journal for Multicultural Education, vol. 17 no. 3
Type: Research Article
ISSN: 2053-535X

Keywords

Article
Publication date: 11 July 2023

Mehak Bhola

The papers explores the emergence of an ideological consolidation amidst the theory of intersectionality put forth by Crenshaw and Mohanty's transnational feminist thought vis-à

Abstract

Purpose

The papers explores the emergence of an ideological consolidation amidst the theory of intersectionality put forth by Crenshaw and Mohanty's transnational feminist thought vis-à-vis the thematic concerns of Punjabi immigrant fiction.

Design/methodology/approach

The paper attempts to follow a qualitative approach in terms of uncovering the various facets of Punjabi Diasporic Fiction vis-à-vis reflecting how intersectionality defines the diasporic condition of third-world immigrant women through contextualizing Fauzia Rafique's text, Skeena.

Findings

The performed study depicts the intellectual consonance between Crenshaw and Mohanty's theories and how immigrant literature aids Crenshaw and Mohanty's hypothesis into praxis.

Research limitations/implications

The research majorly focuses upon the works of the Punjabi diaspora and studies the diaspora's implications while analyzing how the diaspora contributes in rupturing contemporary hegemonic structures.

Originality/value

The paper has been originally drafted through the honest research performed by the author.

Details

Equality, Diversity and Inclusion: An International Journal, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2040-7149

Keywords

Book part
Publication date: 14 December 2023

K. Parameswaran

Legal systems govern social behaviour. They attempt to regulate order, collective peace and harmonious developments in society. The external social behaviour that law deals with…

Abstract

Legal systems govern social behaviour. They attempt to regulate order, collective peace and harmonious developments in society. The external social behaviour that law deals with is also a part of internal human behaviour. This external and internal nature of human behaviour, needs to be consciously studied and interlinked when legal systems desire elements of justice, equality, liberty, fraternity, dignity, integrity and unity for social collectivity. These elements, that legal systems guarantee come from an integration of individual and collective life on matters of social, political, economic etc., of various levels. The individuality and collectivity on these matters and levels are deeply psychological and spirited in sense as human behaviour operates through stimulus from inside to leave external effects outside or vice-versa through a function of thought-emotion-sensation-body complex. Thus, we see, our behaviour gets shaped by a two-way process of inner motivation and outer circumstance, individual and collective dimensions on a given matter and level. At this juncture, a critical study on this two-way relation in human behaviour and a set of unifying values to be identified for progressive intersections seem to be the future of legal systems for achieving greater goals of humanity. Additionally, legal systems that deal with justice are now becoming more than social, economic and political justice as new knowledge is revealing interrelations of spirit-mind-body or thought-emotion-sensation-body complex leaving us to think of new dimensions in justice. Thus, spirituality, as an exercise of human experiment and experience, provides a new scope for legal systems to deal with human and social behaviour to achieve order, peace and development. At this juncture, one even finds another unknown dimension gaining grounds and sinking to integrate or bring holistic responses to human problems and social challenges of the collective is the actual linking of spirituality through or with psychology or vice versa. Law and legalities of the thoughts and norms are interspersed in between these two disciplines. This is indeed a welcome trend as the psychological human and the social collective have become the axis on which every wheel of knowledge is tested and allowed to represent as spokes for inclusive, sustainable and harmonious inter-relational movement of things. One might see, know, feel or even ought to bear this interconnection that very often come in the actual spiritual practices where psychological dimensions emerge leading to wholesome experience of the state of our own individual and socio-collective nature. Among many kinds of spiritual experiences and experiments, two of them stand out for our legal consideration. One, an experience of timeless, space-less and boundless consciousness-awareness beyond life and world with which we witness, observe and understand the movement of things inside life and world, without our participation into them. Two, an experience of consciousness-awareness as power and force operating and animating through thought-emotion-sensation-body complex with our active participation in the movement of life and world. The former experience prepares the ground to remain free from all fetters of self-aggrandizing individualization before wider collectivity and, the latter experience prepares us to re-enter into wider collectivity to contribute with a freed sense of individualization, not imprisoned by its ego-aggrandizement that cuts the individual from the collective. These two spiritual experiences, one of the consciousness-awareness of freedom and, another of the consciousness-awareness with all potentials, when allowed to animate inside the human, it gives crucial understanding of the challenges of life and, pro-activation of solutions for those challenges that are extremely crucial for law and legal systems. A power of understanding the knowledge using spiritual experience of these two states of consciousness-awareness along with rationality, reason and logic, a strength operating through concentration of the energies in body aiding movement of knowledge, a harmony releasing itself through motivating-empathy and mutual-collaboration using knowledge and strength and, finally a near-perfect action operating through strategies, stages and steps in organizing daily life, human capital and all kinds of the systems of the world using knowledge, strength and harmony become our positive tools of empowerment. The combination of these two spiritual experiences of consciousness-awareness is useful to legal systems that look for solutions to human crises using interactive nature of individuality and collectivity on all issues of life, world and society. The chapter attempts to demonstrate that this kind of spirituality and its applied processes thus provide us the clue and strategy to achieve what the human nature and social existences of all kinds all over the world seek and aspire in the form of individual as well as collective peace, joy and compassion. It is also argued that this peace, joy and compassion that is spiritual in nature are in fact the origin and source of inspiration and stimulation for social, political and economic equality, liberty and fraternity in law, and the harmony and perfection of these elements seen as the justice that balances everything. The chapter demonstrates how applied spirituality can be used in law in the sense of law-making, judicial-interpretation, executive-governance, legal profession and finally a grand introduction of spirituality and its values into legal academics and research that are waiting to be liberated from the clutches of mere analytical knowledge of life and world moving towards new enriching powers of radiant collective life and wonderful harmonious world.

Details

Applied Spirituality and Sustainable Development Policy
Type: Book
ISBN: 978-1-83753-381-7

Keywords

Article
Publication date: 14 November 2023

Brajesh Mishra and Avanish Kumar

Globally, the governance has shifted from positivist to the regulatory-centric approach, necessitating accurate contouring of regulatory governance framework. The study proposes a…

Abstract

Purpose

Globally, the governance has shifted from positivist to the regulatory-centric approach, necessitating accurate contouring of regulatory governance framework. The study proposes a novel approach to unravel the regulatory governance framework in the context of the Indian electronics industry – extendable to other sectors in India and other emerging economies.

Design/methodology/approach

The research objective has been operationalized through document analysis and thematic analysis of semi-structured interview transcripts in three steps: (1) arrive at parameters of the regulatory governance framework, (2) identify instruments against each parameter and (3) characterize parameters in terms of dominant instruments and their underlying modalities. The authors have adopted a set of 6 Cs modalities (control, communications, competition, consensus, code and collaboration) and regulatory space theory to analyze existing modalities mix in the dominant instruments.

Findings

In summary, the study has (1) identified eight macro and twenty micro regulatory governance parameters, (2) mapped regulatory governance parameters with instruments and institutions (3) revealed the top two dominant modalities for each regulatory governance parameter.

Practical implications

The existing modality characteristics of regulatory governance parameters can be used by manufacturers, investors and other stakeholders to make a realistic assessment of regulatory governance and reduce regulatory risk and regulatory burden.

Originality/value

The multidimensional use of parameters, instruments and modalities broadens the understanding of the existing regulatory governance framework and may assist the regulators in optimizing it to meet market requirements.

Details

International Journal of Emerging Markets, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1746-8809

Keywords

Book part
Publication date: 7 December 2023

HyeJin Tina Yeo

This chapter introduces the tenets of international student critical race theory (IntlCrit) by expanding the critical race methodology to better account for the racialized…

Abstract

This chapter introduces the tenets of international student critical race theory (IntlCrit) by expanding the critical race methodology to better account for the racialized experiences of international students of color (SOC) in higher education. IntlCrit emphasizes recognizing international SOC as a racialized student body and acknowledges international students' different racial contexts and experiences in their home countries beyond the US dominant monolithic paradigm of racism (Black and White). IntlCrit provides a conceptual foundation for scholarly discourse on race and racism by offering a set of tailored tenets while utilizing tenets of critical race theory (CRT). The tailored tenets can further advance critical analyses to examine developmental processes of racial “othering” and understand the ways that racism affects international SOC in the internationalization of higher education. The IntlCrit tenets include: recognizing and humanizing international SOC as a racial body; evolving international students' eyes (racial identity development); acknowledging intersectional and transnational identities; using an expansive and inclusive historical approach; centering race and racism on international students' experiential knowledge; challenging notions of color-evasiveness and meritocracy in the internationalization of higher education; and committing to global justice. While IntlCrit tenets are focused on addressing the contexts of international students, the framework provides critical perspectives that can be useful in understanding the experiences of different international student groups by nationality or region. Indeed, it can contribute to more extensive discussions regarding how racism functions globally and in the United States. Lastly, it is important to note that the IntlCrit tenets are not definitive or permanent but are a meaningful initiative that challenges inequities and inequalities toward international students' racial experience. I hope the IntlCrit perspectives contribute to including race and racism in international education scholarship and enhancing the policies and practices in diversity, equity, and inclusion to embrace the global, multicultural, and multi-ethnic/racial contexts.

Book part
Publication date: 11 December 2023

Mihalis Kritikos

Abstract

Details

Ethical AI Surveillance in the Workplace
Type: Book
ISBN: 978-1-83753-772-3

Article
Publication date: 13 July 2022

Sideris Draganidis

This paper aims to provide an overview of different issues related to jurisdictional arbitrage found in general regulatory arbitrage literature and their projection to the…

Abstract

Purpose

This paper aims to provide an overview of different issues related to jurisdictional arbitrage found in general regulatory arbitrage literature and their projection to the specific area of cryptoasset regulation.

Design/methodology/approach

By distinguishing any parallel, analogous and neighbouring concepts, this paper attempts to clarify the notion of jurisdictional arbitrage. By discussing certain aspects and effects of three regulatory regimes, BitLicense, 5th Anti-Money Laundering Directive (AMLD5) and the European Commission’s Proposal for a Regulation on Markets in Crypto-assets (MiCa), it makes clear that national/State/regional policymakers have already failed to create arbitrage-proof regulatory frameworks by acting exclusively within their jurisdictional limits. Against this background, this paper discusses briefly regulatory competition and international harmonisation as alternative solutions to inappropriate and ineffective national/regional legislative approaches.

Findings

Based on a structured theoretical analysis, this paper reaches three important findings. First, academics, international bodies and other commentators use inaccurately the general concept of “regulatory arbitrage” to refer to the specific problem of jurisdictional arbitrage creating in this way an interpretative confusion; second, commentators confuse jurisdictional conflicts with jurisdictional arbitrage; third, the solutions to this regulatory problem can actually be found in its underlying causes.

Originality/value

To the best of the author’s knowledge, this is the first specific-issue paper on jurisdictional arbitrage in the context of cryptoasset regulation and aims to trigger further academic discussion on this evolving phenomenon and inform the development of future cryptoasset regulation combatting this problem.

Details

Journal of Financial Regulation and Compliance, vol. 31 no. 2
Type: Research Article
ISSN: 1358-1988

Keywords

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