Why is Exit So Hard? Positive Feedback and Institutional Persistence

2018 ◽  
Author(s):  
Taylor St John
Keyword(s):  
Positive Feedback ◽  
Unintended Consequences ◽  
Competitive Dynamics ◽  
Law Firms ◽  
Fourth Section ◽  
New Politics ◽  
The Third ◽  
Institutional Persistence ◽  
Capacity Constrained ◽  
Over Time

Chapter eight analyzes why institutions persist, even when they generate unintended consequences for the states that created them. The chapter sets out a typology of possible actions that governments can take to exit from investor–state arbitration. To date, governments have engaged in remarkably little exit. The second section explores how positive feedback has created a new constituency of law firms and investors with an interest in arbitration and therefore has led to a new politics of ISDS. The third section discusses other types of feedback that have stabilized and developed a dense web of commitments enshrining investor–state arbitration. The fourth section observes that over time, competitive dynamics emerged and define investor–state arbitration today: competition between law firms, arbitration organizations, and even jurisdictions hoping to host arbitrations makes exit and reform more difficult. The barriers to exit may be highest for capacity-constrained states.

Hybridity, So What?

2001 ◽  
Vol 18 (2-3) ◽  
pp. 219-245 ◽  
Author(s):  
Jan Nederveen Pieterse
Keyword(s):  
Point Of View ◽  
Real Problem ◽  
Fourth Section ◽  
The Third ◽  
The Social ◽  
Social Mapping ◽  
Original Question ◽  
Different Cultures ◽  
Fine Tune ◽  
Over Time

Take just about any exercise in social mapping and it is the hybrids, those that straddle categories, that are missing. Take most arrangements of multiculturalism and it is the hybrids that are not counted, not accommodated. So what? This article is about the recognition of hybridity, in-betweenness. The first section discusses the varieties of hybridity and the widening range of phenomena to which the term now applies. According to anti-hybridity arguments, hybridity is inauthentic and ‘multiculturalism lite’. Examining these arguments provides an opportunity to deepen and fine-tune our perspective. What is missing in the antihybridity arguments is historical depth; in this treatment the third section deals with the longue durÈeand proposes multiple historical layers of hybridity. The fourth section concerns the politics of boundaries, for in the end the real problem is not hybridity – which is common throughout history – but boundaries and the social proclivity to boundary fetishism. Hybridity is a problem only from the point of view of essentializing boundaries. What hybridity means varies not only over time but also in different cultures and this informs different patterns of hybridity. Then we come back to the original question: so what? The importance of hybridity is that it problematizes boundaries.

The changing ethos and personae of shop-window mannequins within consumer culture: Expressions of gendered embodiment

2016 ◽  
Vol 19 (1) ◽  
pp. 21-46 ◽  
Author(s):  
Emma Engdahl ◽  
Marie Gelang
Keyword(s):  
Consumer Culture ◽  
Visual Rhetoric ◽  
Theoretical Understanding ◽  
Male And Female ◽  
Fourth Section ◽  
The Third ◽  
And Gender ◽  
Window Displays ◽  
Empirical Material ◽  
Over Time

In this article, the invention of new forms of desire that target the gendered body in consumer culture is examined through the lens of the visual rhetoric of shop-window mannequins. The article is a result of cross-disciplinary research combining rhetorical and sociological theories and methods. Inspired by nonverbal methods and theories of embodiment, successive modernities and gender, the changing ethos and personae of mannequins from the 1930s until today are decoded. The shop window could be seen as a microcosm of consumer culture and is, therefore, interesting to study over time to unveil its shifting ideals. The empirical data consist of over 1000 pictures of window displays. Questions that are asked in analysing the empirical material are the following: (1) What ethos and personae do the shop-window mannequins nonverbally express? (2) How do the ethos and personae they nonverbally express change during the transformation of modernity? and (3) Are there any differences between the ethos and personae nonverbally expressed by the male and female mannequins, as well as within each gender? In the two first sections, a theoretical understanding of the concepts of ethos and persona as forms of embodiment that emerge through the interaction between the shop-window mannequins and the consumer is developed. In the third section, the empirical technique that has been used to capture the ethos and personae expressed by the shop-window mannequins is treated. In the fourth section, the notion of successive modernities is introduced, as the study aims to observe the transformation of the ethos and personae of male and female shop-window mannequins during the course of modernity. Also a gender perspective is added as the observation shows differences between and within each gender category. In the fifth section, the result of the analysis of the empirical materials is presented.

The Rise of Investor-State Arbitration

2018 ◽  
Author(s):  
Taylor St John
Keyword(s):  
Legal System ◽  
Institutional Development ◽  
Unintended Consequences ◽  
Institutional Framework ◽  
Strong Preference ◽  
Law Firms ◽  
Foreign Investors ◽  
Investment Treaties ◽  
Over Time

Today, investor–state arbitration embodies the worst fears of those concerned about runaway globalization—a far cry from its framers’ intentions. Why did governments create a special legal system in which foreign investors can bring cases directly against states? This book takes readers through the key decisions that created investor–state arbitration, drawing on internal documents from several governments and extensive interviews to illustrate the politics behind this new legal system. The corporations and law firms that dominate investor–state arbitration today were not present at its creation. In fact, there was almost no lobbying from investors. Nor did powerful states have a strong preference for it. Nor was it created because there was evidence that it facilitates investment—there was no such evidence. International officials with peacebuilding and development aims drove the rise of investor–state arbitration. This book puts forward a new historical institutionalist explanation to illuminate how the actions of these officials kicked off a process of gradual institutional development. While these officials anticipated many developments, including an enormous caseload from investment treaties, over time this institutional framework they created has been put to new purposes by different actors. Institutions do not determine the purposes to which they may be put, and this book’s analysis illustrates how unintended consequences emerge and why institutions persist regardless.

scholarly journals When I'm Sixty-Four: Beatles Rock Band and the Commodification of Nostalgia

2021 ◽  
Author(s):  
Jaigris Hodson
Keyword(s):  
Video Game ◽  
Major Elements ◽  
Social Consequences ◽  
Game Studies ◽  
Fourth Section ◽  
The Public ◽  
The Third ◽  
Rock Band ◽  
Theoretical Overview ◽  
Over Time

In 2009, only a few months after the game’s release, the popular trade magazine Advertising Age declared Beatles Rock Band one of America’s hottest brands ("America's hottest brands", 2009). This is quite a feat for a lowly video game, and begs that we consider the reasons for the game’s success as well a the potential social consequences for similar popular games. There are two major elements at work in the creation of Beatles Rock Band as a successful brand, and this paper conducts an analysis of the game in order to identify both of them. First of all, it explores the Beatles as a brand that continues to provide emotional and spiritual value for consumers, and how the feelings associated with this brand have developed intertextually since the band first gained international popularity in 1962. Secondly, this paper will show how Beatles Rock Band works almost like a documentary game, and in doing so rewrites history in order to capitalize on a white-washed and romanticized ideal of 1960s culture. As such, it will show the ways that the Beatles Rock Band draws on previous commercial texts associated with the Beatles brand to create an hyperreal fiction based on historic people and events. This paper is divided up into four sections. The first section will provide a theoretical overview of convergence, remediation, and the business of culture, and then will conduct a brief review of the methodology of digital game studies. The second section will look at the specifics of the game, and some of ways that the game has been marketed to the public at large. The third section will provide a description and overview of the Beatles as a brand, and the ways the brand continues to adapt and change over time in order to appeal to a broad and changing audience. Finally, the fourth section will discuss the commoditfication of nostalgia generally, and the specific ways that this game rewrites history to reproduce it as a commodity.

scholarly journals Learning a Lesson from Taiwan? A Comparison of Changes and Continuity of Labour Policies in Taiwan and China

2014 ◽  
Vol 43 (3) ◽  
pp. 45-70
Author(s):  
Chun-Yi Lee
Keyword(s):  
Party System ◽  
Contract Law ◽  
The State ◽  
Historical Background ◽  
Fourth Section ◽  
The Third ◽  
The Core ◽  
Labour Policy ◽  
State And Society ◽  
Over Time

This paper argues that the comparison of labour policies in Taiwan and China has an important bearing on the interaction between state and society. The fact that labour policies have changed over time illustrates a process of bargaining between the state and society. The core question of this paper is whether the development of labour policies in Taiwan can provide China a good example to learn from. In order to answer this question more systematically, the first part of this paper provides theoretical reviews of the state-society relationship, while the second part aims to verify whether those labour-favouring policies in Taiwan have changed under a different party's governance. The third part of the paper further investigates labour policy in China; this section mainly focuses on the historical background to the new labour contract law. Based on the preceding two sections’ literature review of the changing path of labour policies, the fourth section scrutinises fundamental issues reflected in the development of Taiwan's labour policies, then compares how those issues are reflected in the case of China. The conclusion of this paper is that although Taiwan, like China, formerly had a one-party system, the changes in Taiwan's labour policies are not completely comparable to China, though both societies had some similarities.

Legal Authorities and their Legislative Priorities: The Treatment of Leprosy in the Sources of Canon Law

2020 ◽  
Vol 106 (1) ◽  
pp. 153-195
Author(s):  
Melodie H. Eichbauer
Keyword(s):  
Pastoral Care ◽  
Canon Law ◽  
Local Level ◽  
Church Reform ◽  
Legal Tradition ◽  
Fourth Section ◽  
The Third ◽  
Legislative Policy ◽  
Christian Society ◽  
Over Time

AbstractThis essay considers medieval leprosy in ecclesiastical legislation through the lens of legal pluralism, that is the range of normative orders that are independent from the “state” as a monolithic entity. It focuses on the period between the mid-eleventh and the turn of the fourteenth century marked by efforts at church reform, by the proliferation of leprosaria, and by canonical interest in matrimonial law. It argues that the environment in which various legal authorities worked influenced how they engaged with leprosy. The policies they enacted resulted from a negotiation of their circumstances and needs, which were not necessarily the same. The result was a rich and overlapping legal tradition that, over time, coalesced into a comprehensive legislative policy that both protected the rights of the afflicted as well as the safety of the healthy. The first section of this essay sets forth research on leprosy and the arguments to be pursued. The second section argues that the “old law” in canonical collections used leprosy as an allegory for sin and as a metaphor for simony in pursuit of personal reform and renewal. The third section focuses on the proliferation of leprosaria and argues that the challenge of arranging for pastoral care fell on the shoulders of councils and prelates making policy at the regional or local level. The fourth section argues that the papacy and jurists worked parallel to other legislative bodies. Yet it would be the requests to which the papacy responded and the importance of juridical commentary as a source clarifying the legal ambiguities in these responses that would provide the inroad for the papacy, acting similar to the proverbial “state”, to normalize ecclesiastical life and Christian society.

scholarly journals When I'm Sixty-Four: Beatles Rock Band and the Commodification of Nostalgia

2021 ◽  
Author(s):  
Jaigris Hodson
Keyword(s):  
Video Game ◽  
Major Elements ◽  
Social Consequences ◽  
Game Studies ◽  
Fourth Section ◽  
The Public ◽  
The Third ◽  
Rock Band ◽  
Theoretical Overview ◽  
Over Time

In 2009, only a few months after the game’s release, the popular trade magazine Advertising Age declared Beatles Rock Band one of America’s hottest brands ("America's hottest brands", 2009). This is quite a feat for a lowly video game, and begs that we consider the reasons for the game’s success as well a the potential social consequences for similar popular games. There are two major elements at work in the creation of Beatles Rock Band as a successful brand, and this paper conducts an analysis of the game in order to identify both of them. First of all, it explores the Beatles as a brand that continues to provide emotional and spiritual value for consumers, and how the feelings associated with this brand have developed intertextually since the band first gained international popularity in 1962. Secondly, this paper will show how Beatles Rock Band works almost like a documentary game, and in doing so rewrites history in order to capitalize on a white-washed and romanticized ideal of 1960s culture. As such, it will show the ways that the Beatles Rock Band draws on previous commercial texts associated with the Beatles brand to create an hyperreal fiction based on historic people and events. This paper is divided up into four sections. The first section will provide a theoretical overview of convergence, remediation, and the business of culture, and then will conduct a brief review of the methodology of digital game studies. The second section will look at the specifics of the game, and some of ways that the game has been marketed to the public at large. The third section will provide a description and overview of the Beatles as a brand, and the ways the brand continues to adapt and change over time in order to appeal to a broad and changing audience. Finally, the fourth section will discuss the commoditfication of nostalgia generally, and the specific ways that this game rewrites history to reproduce it as a commodity.

IMPLEMENTATION OF ELECTRONIC MONITORING OF SENTENCED PERSONS IN THE SLOVAK REPUBLIC

2020 ◽  
Vol 10 (5) ◽  
pp. 59-75
Author(s):  
JAROSLAV KLÁTIK ◽  
◽  
LIBOR KLIMEK
Keyword(s):  
Restorative Justice ◽  
Electronic Monitoring ◽  
Slovak Republic ◽  
Pilot Project ◽  
Legal Regulation ◽  
European Level ◽  
Criminal Proceedings ◽  
Council Of Europe ◽  
Fourth Section ◽  
The Third

The work deals with implementation of electronic monitoring of sentenced persons in the Slovak Republic. It is divided into eight sections. The first section introduces restorative justice as a prerequisite of electronic monitoring in criminal proceedings. While the second section points out at the absence of legal regulation of electronic monitoring of sentenced persons at European level, the third section points out at recommendations of the Council of Europe addressed to European States. The fourth section analyses relevant alternative punishments in Slovak criminal justice. The fifth section introduces early beginnings of implementation of concerned system - the pilot project “Electronic Personnel Monitoring System” of the Ministry of Justice of the Slovak Republic. While the sixth section is focused on Slovak national law regulating electronic monitoring of sentenced persons - the Act No. 78/2015 Coll. on Control of the Enforcement of Certain Decisions by Technical Instruments, the seventh section is focused on further amendments of Slovak national law - namely the Act No. 321/2018 Coll. and the Act No. 214/2019 Coll. The last eight section introduces costs of system implementation and its operation.

The Stabilization Process Then and Now

2018 ◽  
Author(s):  
Ben Epstein
Keyword(s):  
Political Communication ◽  
Status Quo ◽  
The Political ◽  
The Internet ◽  
Stabilization Process ◽  
The Third ◽  
Stabilization Phase ◽  
Over Time

This chapter shifts the focus to the third and final stabilization phase of the political communication cycle (PCC). During the stabilization phase, a new political communication order (PCO) takes shape through the building of norms, institutions, and regulations that serve to fix the newly established status quo in place. This status quo occurs when formerly innovative political communication activities become mundane, yet remain powerful. Much of the chapter details the pattern of communication regulation and institution construction over time. In particular, this chapter explores the instructive similarities and key differences between the regulation of radio and the internet, which offers important perspectives on the significance of our current place in the PCC and the consequences of choices that will be made over the next few years.

Logicism Reconsidered

2009 ◽  
Author(s):  
Agustín Rayo
Keyword(s):  
Fourth Section ◽  
Truth Values ◽  
The Third

This article is divided into four sections. The first two identify different logicist theses, and show that their truth-values can be established given minimal assumptions. The third section sets forth a notion of “content-recarving” as a possible constraint on logicist theses. The fourth section—which is largely independent from the rest of the article—is a discussion of “neologicism.”

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