RevisitingCriticalLegal Pluralism: Normative Contestations in the Afghan Courtroom

2017 ◽  
Vol 4 (1) ◽  
pp. 229-255 ◽  
Author(s):  
Nafay CHOUDHURY
Keyword(s):  
Methodological Approach ◽  
Legal Pluralism ◽  
Legal Order ◽  
Fully Discrete ◽  
Active Defence ◽  
Defence Lawyer ◽  
The Individual ◽  
A Site ◽  
Individual Choices ◽  
Shed Light

AbstractThis paper revisits the concept ofcriticallegal pluralism, which treats the individual as a site of normativity with the capacity to create legal knowledge. To help operationalize the usage of critical legal pluralism, I propose a methodological approach that places the individual’s ability to makes choices along a continuum. On one side of continuum, legal pluralism can be viewed as facilitating fully discrete choices that ascribe to one legal order or another. On the other side, the ability to make individual choices is curtailed because of the presence of a hegemonic legal order. This simple continuum helps to shed light on the complex considerations that affect individual choices, which in turn affect how various legal orders are legitimated. The paper then considers how critical legal pluralism can enrich the discussion on the legal system of Afghanistan, focusing on interviews with two Afghan justice actors: a former judge and an active defence lawyer.

THE METHODS OF A RESEARCH OF PROCESSES OF SPONTANEOUS SOCIALIZATION BASED ON NONCLASSICAL APPROACH

2020 ◽  
Vol 22 (12) ◽  
pp. 34-38
Author(s):  
Abashina A.D.
Keyword(s):  
Methodological Approach ◽  
Social Situation ◽  
Subject Domain ◽  
Child Research ◽  
Research Problems ◽  
Internet Environment ◽  
Anthropological Approach ◽  
Research Complex ◽  
Methodological Approaches ◽  
The Individual

Relevance and statement of a problem. Now processes of socialization of younger generation undergo profound changes. They are characterized by transformation of space-time characteristics – narrowing of the field purposeful, expansion of processes of spontaneous socialization. At the same time the methodological approaches and methods of a research aimed at the analysis of the static phenomena applied in pedagogics become insufficient for a research of chaotic processes. There is a need for search of methodology and methods of a research within which the analysis of processes of spontaneous socialization of modern children and teenagers is possible. Research search shows that the solution of this task is possible on the basis of nonclassical methodological approach. Research objective: identification of opportunities of nonclassical methodology for a research of processes of spontaneous socialization of the modern child. Research problems: representation of the methods in logic of nonclassical methodology aimed at the analysis of these processes. Object and subject of research: the situation of development of the child which is characterized by experiences concerning the relations and readiness for an exception of social interaction in various spheres of activity and immersion in the Internet environment. Subject domain of a research: complex of the relations which are the cornerstone of purposeful and spontaneous socialization of the teenager. Research methodology - nonclassical (anthropological) approach. Research materials. In the course of work on a problem the research methods based mainly on the individual and communicative practicians aimed at the analysis of experiences and communication of the child were developed. Results of a research. The qualitative methods based nonclassical approach will allow to understand not only experiences of the child, but also as negative trends under what conditions they lead to break in relations and to search of significant network contacts that is under what conditions processes of purposeful socialization are weakened collect in his social situation of development, extend borders of socialization spontaneous.

scholarly journals Leveraging human factors in cybersecurity: an integrated methodological approach

2021 ◽  
Author(s):  
Alessandro Pollini ◽  
Tiziana C. Callari ◽  
Alessandra Tedeschi ◽  
Daniele Ruscio ◽  
Luca Save ◽  
...  
Keyword(s):  
Human Factors ◽  
Cyber Security ◽  
Quantitative Research ◽  
Methodological Approach ◽  
Quantitative Research Methods ◽  
Security Culture ◽  
Technological Factors ◽  
Qualitative And Quantitative ◽  
The Individual ◽  
Technical Solutions

AbstractComputer and Information Security (CIS) is usually approached adopting a technology-centric viewpoint, where the human components of sociotechnical systems are generally considered as their weakest part, with little consideration for the end users’ cognitive characteristics, needs and motivations. This paper presents a holistic/Human Factors (HF) approach, where the individual, organisational and technological factors are investigated in pilot healthcare organisations to show how HF vulnerabilities may impact on cybersecurity risks. An overview of current challenges in relation to cybersecurity is first provided, followed by the presentation of an integrated top–down and bottom–up methodology using qualitative and quantitative research methods to assess the level of maturity of the pilot organisations with respect to their capability to face and tackle cyber threats and attacks. This approach adopts a user-centred perspective, involving both the organisations’ management and employees, The results show that a better cyber-security culture does not always correspond with more rule compliant behaviour. In addition, conflicts among cybersecurity rules and procedures may trigger human vulnerabilities. In conclusion, the integration of traditional technical solutions with guidelines to enhance CIS systems by leveraging HF in cybersecurity may lead to the adoption of non-technical countermeasures (such as user awareness) for a comprehensive and holistic way to manage cyber security in organisations.

Transnational constitutional aspects of the European Court of Human Rights

2021 ◽  
Vol 10 (1) ◽  
pp. 151-174
Author(s):  
GEIR ULFSTEIN
Keyword(s):  
Human Rights ◽  
Direct Effect ◽  
Legal Pluralism ◽  
Legal Order ◽  
Not Given ◽  
National Courts ◽  
European Court ◽  
International Court ◽  
International Legal Order

AbstractThe European Court of Human Rights (ECtHR) is an international court operating in the international legal order. Its judgments are not given direct effect in national law. In this sense we have a system of legal pluralism between international and national law. But the ECtHR has constitutional effects in national law through the weight placed on the Court’s practice by national courts. Therefore, constitutional principles are applicable in the interaction between the ECtHR and national courts. This article discusses the transnational constitutional aspects of the Court, and how this should guide the roles of, respectively, the ECtHR and national courts.

scholarly journals Coronavirus and Soft Law in Germany: Business as Usual?

2021 ◽  
pp. 1-17
Author(s):  
Matthias Knauff
Keyword(s):  
Legal Order ◽  
Soft Law ◽  
Constitutional Order ◽  
Binding Forms ◽  
Almost All ◽  
Business As Usual ◽  
Shed Light ◽  
Made In

In combating the coronavirus pandemic in Germany, soft law has played an important, albeit not a central, role. Its use basically corresponds to that of under “normal circumstances”. In accordance with the German constitutional order, almost all substantial decisions are made in a legally binding form. However, these are often prepared through or supplemented by soft law. This article shows that soft law has played an important role in fighting the pandemic and its effects in Germany, although there cannot be any doubt that legally binding forms of regulation have prevailed. At the same time, the current pandemic has shed light on the advantages and effects of soft law in the context of the German legal order.

scholarly journals Age-Graded Transitions and Turning Points in Polish Offenders’ Criminal Careers from the Standpoint of Life Course Theory

2021 ◽  
Vol 18 (11) ◽  
pp. 6010
Author(s):  
Krzysztof Pękala ◽  
Andrzej Kacprzak ◽  
Piotr Chomczyński ◽  
Jakub Ratajczak ◽  
Michał Marczak ◽  
...  
Keyword(s):  
Life Course ◽  
Turning Points ◽  
Criminal Activity ◽  
Juvenile Detention ◽  
Criminal Careers ◽  
Social Adaptation ◽  
Life Course Theory ◽  
The Individual ◽  
Individual Choices ◽  
First Time

Both juvenile and adult criminal careers show regularities in the origins of delinquency, the dynamics of the criminal pathway, and the turning points that lead to desistance/persistence in crime. Research shows that family, education, and friendship environments contribute significantly to the individual choices that create criminal biographies. Our aim was to apply core aspects of life course theory (LCT): trajectory, the aged-graded process, transitions, institutions, and ultimately how desistance/persistence factor into explaining the criminal careers of Polish offenders. The research is based on in-depth interviews (130) carried out with both offenders (90) and experts (40). The offenders were divided into two groups: 30 were juveniles, and 60 were adults of whom half were sentenced for the first time (30) and half were recidivists (30) located in correctional institutions or released. The experts group (40) includes psychologists, educators, social rehabilitators, and prison and juvenile detention personnel working with offenders. We used triangulation of researcher, data, and methodology. Our data revealed that similar biographical experiences characterized by an early socialization, family and friends-based circles laid the groundwork for their entry and continued participation in criminal activity. Juvenile and adult first-time sentenced offenders led criminal careers significantly different from those of recidivists, who faced problems with social adaptation caused by lack of family and institutional support.

scholarly journals Specific Binding of Rubidium in Chlorella

1962 ◽  
Vol 45 (5) ◽  
pp. 959-977 ◽  
Author(s):  
Dan Cohen
Keyword(s):  
Active Transport ◽  
Binding Sites ◽  
Specific Binding ◽  
High Concentration ◽  
External Concentration ◽  
Specific Binding Sites ◽  
Dense Suspension ◽  
Concentration Of Ions ◽  
The Individual ◽  
A Site

Specific binding sites for potassium, which may be components of the carriers for active transport for K in Chlorella, were characterized by their capacity to bind rubidium. A dense suspension was allowed to take up Rb86 from a low concentration of Rb86 and a high concentration of ions which saturate non-specific sites. The amount bound was derived from the increase in the external concentration of Rb86 following addition of excess potassium. The sites were heterogeneous. The average affinity of Rb and various other ions for the sites was determined by plotting the degree of displacement of Rb86 against log molar concentration of the individual ions. Interpolation gave the concentration for 50 per cent displacement of Rb, which is inversely related to affinity. The order of affinity was not changed when the cells were frozen, or boiled either in water or in 70 per cent ethanol. The affinity is maximal for ions with a crystalline radius of 1.3 to 1.5 A and a high polarizability, and is not related to the hydrated radius or valency. It is suggested that binding groups in a site are rigidly arranged, the irregular space between them being 2.6 to 3.0 A across, so that affinity is high for ions of this diameter and high polarizability.

Visibility and security in the smart home

2021 ◽  
pp. 135485652110300
Author(s):  
Justine Humphry ◽  
Chris Chesher
Keyword(s):  
Cultural History ◽  
Cultural Change ◽  
Smart Home ◽  
Methodological Approach ◽  
Cultural Analysis ◽  
Security Systems ◽  
The Uncanny ◽  
A Site ◽  
Over Time

Smart home, media and security systems intervene in the territory and boundaries of the home in a variety of ways. Among these are the capacity to watch the home from afar, and to record these observations over time, as well as using the home as a site of performance for those on the outside. In this paper, we map the meanings of the smart home and explore the tensions between security and visibility, adopting a cultural history and cultural analysis methodological approach. We make a contribution to the literature on the smart home, highlighting its connection to longer trajectories of media and cultural change, and to understanding the contemporary formations of technologised surveillance, with attention to practices that emerged in response to COVID-19. We focus on two aspects of our model of domestic smartification: Ludics (devices and systems for play or entertainment) and exteriorities (security and communication interfaces that remotely monitor and expose the home). We focus on these aspects relating them to ideas of haunting and the uncanny to explore the implications of making what was previously hidden visible and manipulable to others.

Drugs and their impact on the individual and society

2021 ◽  
Vol 27 ◽  
pp. 63-96
Author(s):  
INTISAR SHAHBAZ ◽  
Keyword(s):  
Drug Addiction ◽  
Drug Addicts ◽  
Negative Effects ◽  
Negative Behaviors ◽  
Deviant Behaviors ◽  
Positive Behaviors ◽  
The Family ◽  
Family Breakdown ◽  
The Individual ◽  
Shed Light

Abstract The problem of drug addiction for individuals, especially young people, is one of the most dangerous pests that cause many problems in various health, social and psychological aspects facing every society, but rather the whole world. The phenomenon of drug addiction often leaves individuals with dangerous negative effects on their behavior, whether towards themselves or towards others, and this requires the relevant institutions to strive for important and constructive solutions to reform such individuals, and then rid them of their negative behaviors, rehabilitate them and integrate them into society, to become active and effective individuals through their adoption of positive behaviors that are acceptable in line with the values, customs and traditions of their societies to which they belong. Therefore, our current study came to shed light on the most important effects resulting from the phenomenon of drug addiction among individuals through achieving the two research objectives which seek to know: 1- Causes of addiction to drug use among individuals 2- The effect of drug abuse on society. Upon verifying the two research objectives by relying on the analytical method of literature and previous studies, the two researchers reached the following results: First - The most important causes of youth addiction to drugs are poverty, begging, loss of one or both parents, the presence of a criminal in his family, invalid education and other various phenomena and deviations. Second - The symptoms of drug addiction push the addicted person to adopt deviant behaviors, as well as afflicting the addicted individual to psychological and mental pressures, and then afflicting his family with chronic diseases, in addition to the family breakdown occurring in the homes of drug addicts. Key words: drugs; Drug effect; The individual and society.

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