scholarly journals New Legal Realism's Rejoinder

2015 ◽  
Vol 28 (3) ◽  
pp. 479-486 ◽  
Author(s):  
GREGORY SHAFFER
Keyword(s):  
United States ◽  
International Law ◽  
Empirical Work ◽  
The United States ◽  
Normative Theory ◽  
Legal Realism ◽  
Third Stream ◽  
Legal Positivist ◽  
Changes Over Time ◽  
Over Time

AbstractThis rejoinder responds to criticisms by Jan Klabbers and Ino Augsberg of ‘The New Legal Realist Approach to International Law’ (Leiden Journal of International Law, Volume 28:2, 2015). The New Legal Realism brings together empirical and pragmatic perspectives in order to build theory regarding how law obtains meaning, is practised, and changes over time. In contrast with conceptualists, such as Augsberg, legal realists do not accept the priority of concepts over facts, but rather stress the interaction of concepts with experience in shaping law's meaning and practice. Klabbers, as a legal positivist, questions the value of the turn to empirical work and asks whether it is a fad. This rejoinder contends that the New Legal Realism has deep jurisprudential roots in Europe and the United States, constituting a third stream of jurisprudence involving the development of sociolegal theory, in complement with, but not opposed to, analytic and normative theory.

Changes Over Time in Compassion-Related Variables in the United States

2017 ◽  
Author(s):  
Sasha Zarins ◽  
Sara Konrath
Keyword(s):  
United States ◽  
Emotional Response ◽  
The United States ◽  
Empathic Concern ◽  
Actual Data ◽  
Risk Spreading ◽  
Changes Over Time ◽  
Over Time

Compassion, or empathic concern, is an emotional response to another’s suffering, coupled with the desire to take action to alleviate that suffering. Throughout history, older generations have been critical of younger generations, often arguing that they are more self-focused than previous generations. However, it is important to examine actual data with respect to changes over time in such variables. Without doing so, we risk spreading potentially harmful and inaccurate stereotypes about young Americans. The goal of this chapter is to review research examining changes over time in compassion-related variables in the United States. Research suggests that compassion-related variables have indeed been declining over time, while self-focused variables have been increasing. However, we will also discuss counter-arguments and counter-evidence, and present possible implications of this research.

International Law and the Death Penalty

2018 ◽  
Author(s):  
Sandra L. Babcock
Keyword(s):  
United States ◽  
Intellectual Disabilities ◽  
International Law ◽  
Death Penalty ◽  
The United States ◽  
International Norms ◽  
Mental Illnesses ◽  
Vienna Convention ◽  
Time Section ◽  
Over Time

Section I of this chapter examines the potential of international law to promote abolition of the death penalty and the challenges that prevent the full realization of that potential. Section II provides a brief overview of how international norms relating to the application of the death penalty have evolved over time. Section III provides three examples of how their impact has been limited in practice, focusing on the application of the death penalty to individuals with mental illnesses and intellectual disabilities, as well as the failure of the United States to comply with its obligations under the Vienna Convention on Consular Relations. Finally, Section IV suggests a number of prescriptive measures to address these limitations. It describes an innovative project in Malawi to obtain the resentencing of prisoners condemned to death and discusses potential revisions to the Safeguards Guaranteeing Protection of the Rights of Those Facing the Death Penalty.

scholarly journals The New Legal Realist Approach to International Law

2015 ◽  
Vol 28 (2) ◽  
pp. 189-210 ◽  
Author(s):  
GREGORY SHAFFER
Keyword(s):  
Problem Solving ◽  
Empirical Study ◽  
International Law ◽  
Legal Realism ◽  
Realist Approach ◽  
Potential Risks ◽  
Changes Over Time ◽  
Legal Normativity ◽  
Over Time

AbstractThe New Legal Realist approach to international law builds from a jurisprudential tradition that asks how actors use and apply law in order to understand how law obtains meaning, is practised, and changes over time. The article addresses the jurisprudential roots of the New Legal Realism, its core attributes, and six important components in the current transnational context. In the pragmatist tradition, the New Legal Realism is both empirical and problem-centred, attending to both context and legal normativity. What is new is the rise of transnational activity that gives rise to an enlarged scope of transnational problem-solving through international law in radically new ways across areas of law, and the growth of empirical study of these phenomena. The article concludes by addressing the potential risks of the New Legal Realist approach in terms of scientism and relativism, and it responds to them.

scholarly journals The NAIRU in Theory and Practice

2002 ◽  
Vol 16 (4) ◽  
pp. 115-136 ◽  
Author(s):  
Laurence Ball ◽  
N. Gregory Mankiw
Keyword(s):  
United States ◽  
Monetary Policy ◽  
Productivity Growth ◽  
Inflation Rate ◽  
The United States ◽  
Theory And Practice ◽  
Business Cycle Theory ◽  
Changes Over Time ◽  
Over Time

This paper discusses the NAIRU—the non-accelerating inflation rate of unemployment. It first considers the role of the NAIRU concept in business cycle theory, arguing that this concept is implicit in any model in which monetary policy influences both inflation and unemployment. The exact value of the NAIRU is hard to measure, however, in part because it changes over time. The paper then discusses why the NAIRU changes and, in particular, why it fell in the United States during the 1990s. The most promising hypothesis is that the decline in the NAIRU is attributable to the acceleration in productivity growth.

scholarly journals How Smokers Became Outlaws: An Application Of The Stakeholder Salience Model To A Social Problem

2013 ◽  
Vol 11 (12) ◽  
pp. 577
Author(s):  
Susan K. Key ◽  
Rosalia N. Scripa ◽  
Robert Juneau
Keyword(s):  
United States ◽  
Social Movements ◽  
Social Problem ◽  
The United States ◽  
Public Perceptions ◽  
Stakeholder Salience ◽  
Stakeholder Groups ◽  
History Of ◽  
Changes Over Time ◽  
Over Time

Smoking bans have gone from being essentially non-existent to being the norm over the course of the last 50 years. When some of these authors started teaching, it was the norm to smoke in the classroom, in hospitals, on airplanes, in prison and in the office. Times have changedsmoking is no longer allowed in these locations in the United States. In this paper, an overview of the history of smoking advocacy, the impacts of smoke-free legislation on different stakeholders, and changes in public perceptions of smoking are provided. Mitchell and Agles 1997 Stakeholder Salience Model are used to illustrate the changes over time in stakeholder status for both smokers and nonsmokers. The Mitchell Model could have been useful to predict the change in status that the two stakeholder groups experienced and the authors suggest that management should note the emergence of urgent stakeholders in the future, as they may gain salience in other matters that can impact company wealth. Firms have to be aware of both their customers needs (smokers) as well as other social movements that may affect the use of their product, such as nonsmoking legislation. This is the first paper to apply stakeholder salience, including the concepts of urgency, power, and legitimacy, to the changing fortunes of smokers. It looks at how smoking and smokers have gone from the norm in U.S. society to outlaw status.

scholarly journals THE COMPETITIVENESS OF INDONESIA'S EXPORT TO UNITED STATES, 1986-2003: A SHIFT-SHARE ANALYSIS

2007 ◽  
Vol 8 (1) ◽  
pp. 36
Author(s):  
Ahmad Helmy Fuady
Keyword(s):  
United States ◽  
Economic Crisis ◽  
The United States ◽  
The Other ◽  
Republic Of Korea ◽  
Single Digit ◽  
The Us ◽  
Asian Economies ◽  
Changes Over Time ◽  
Over Time

The objective of this paper is to examine the competitiveness of Indonesia's exports to the United States (US) market, compared to other Asian economies, namely Thailand, Malaysia, Singapore, China, Republic of Korea and India, over the period of 1986-2003. A shift-share method is applied to single digit SITC US imports data from those countries. It found that the competitiveness of Indonesia's exports changes over time. The Indonesia's exports reached its best performance in the period 1992-1997. However, after the 1997 economic crisis, Indonesia faces a serious problem, since none of its export has competitiveness in the US market, compared to the reference economy. The analysis also shows that China has consistently posed a serious pressure not only for Indonesia, but also for the other Asian economies.

Tracking Changes of Social Distancing in the United States of America after Outbreak of Coronavirus Disease (COVID-19) at the Early Stage

2021 ◽  
Vol 45 (6) ◽  
pp. 1079-1090
Author(s):  
Young Sam Oh ◽  
Na Kyoung Song
Keyword(s):  
United States ◽  
Early Stage ◽  
The United States ◽  
Repeated Measure ◽  
Social Distancing ◽  
Prevention Model ◽  
Measure Analysis ◽  
Repeated Measure Analysis ◽  
Changes Over Time ◽  
Over Time

Objectives: This research examines social distancing changes over time, and by region of the United States after the COVID-19 pandemic began. Methods: We utilized information on social distancing from the Google Community Mobility Reports. We performed one-way repeated-measure analysis of variance (RM-ANOVA) to examine the overall changes in the 6 types of social distancing from baseline to the 12-week follow-up (March 1 to May 24, 2020). We applied a 2-way RM-ANOVA to evaluate the effects of time and 4 regions on social distancing. Results: According to one-way RM-ANOVA results, social distancing tended to increase until Time 3 (March 30 to April 12) and 4 (April 13 to April 26), before decreasing again, regardless of the area. The 2-way RM-ANOVA results revealed that the social distancing variations in the 6 area types over time were statistically significant in each region, along with the interaction of regions and time. Compared to other regions, social distancing was the highest in the Northeast area, except in park areas. Conclusions: We found that social distancing can be influenced not only by contagion changes, but also by regional differences. Understanding the features of social distancing can play a significant role in helping society build a promising COVID-19 prevention model.

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