Introduction to Part II

2019 ◽  
pp. 55-60
Author(s):  
Kate Bedford
Keyword(s):  
Political Economy ◽  
The Everyday ◽  
Everyday Experiences ◽  
The Law ◽  
Official Records ◽  
Over Time ◽  
Do So

In this part of the book, I add to existing debates about the law, politics, and political economy of gambling by offering a new account of gambling liberalization. I do so by analysing references to bingo in Hansard, the official records of the Westminster Parliament. As Lord McNally suggests, it may seem something of a downer to start out by giving boring politicians centre stage in this way. Hansard tells us almost nothing about the everyday experiences of those who encounter bingo regulation ‘on the ground’. That is a task for subsequent chapters, using different methods. I begin with Hansard because it tells us something else. It helps reveal how elites have understood the game over time, in its own terms and as relating to the broader governance and regulation of risk and welfare....

Why the “Haves” Come Out Ahead: Speculations on the Limits of Legal Change

2021 ◽  
pp. 297-302
Author(s):  
Marc Galanter
Keyword(s):  
Legal System ◽  
The State ◽  
Legal Change ◽  
System P ◽  
The Law ◽  
Over Time ◽  
Do So ◽  
The Way

This article proposes some conjectures about the way in which the basic architecture of the legal system creates and limits the possibilities of using the system as a means of redistributive change. Specifically, the question is under what conditions litigation can be redistributive, taking litigation in the broadest sense of the presentation of claims to be decided by courts. Because of differences in their size, differences in the state of the law, and differences in their resources, some of the actors in society have many occasions to utilize the courts; others do so only rarely. One can divide these actors into those claimants who have only occasional recourse to the courts (one-shotters) and repeat players who are engaged in many similar litigations over time. The article then looks at alternatives to the official litigation system.

Democracy as Public Law: The Case of Constitutional Rights

2013 ◽  
Vol 14 (8) ◽  
pp. 1017-1037 ◽  
Author(s):  
Richard Bellamy
Keyword(s):  
Ad Hoc ◽  
State Power ◽  
Public Law ◽  
Constitutional Rights ◽  
Public Power ◽  
The Public ◽  
Public Behavior ◽  
The Law ◽  
Over Time ◽  
Do So

The distinctive domain and character of public law have become—and in certain respects always were—unclear and, to a degree, contested. As a result, any definition is likely to be to some extent stipulative. For my purposes, I want to refer to public law in two broad and related senses—as applying to a certain kind of body and its functions, and as requiring a certain kind of justification. The first sense refers to the actions of the state and its administration. Of course, it will be pointed out that these are increasingly performed by private bodies and often involve legal activities that have been associated with private parties and doctrines, such as procurement and contract. Nevertheless, government and the administrative apparatus more generally can still be considered as possessing distinctively broad, authoritative, and coercive powers which in various ways make their subjection to the law both problematic and pressing: Problematic in that they play a central role in the making and enforcement of the law, pressing in that this role renders them more powerful than other bodies. The second sense enters here. For the justification of state power has come to rest on its serving the public ends of the ruled rather than private ends of the rulers, and certain public qualities of law have been thought to oblige those who wield state power to do so in a publically justified and justifiable way. Ruling through laws has been viewed as different from rule by willful, ad hoc commands because laws have certain characteristics that render them capable of coordinating and shaping public behavior in consistent and coherent ways over time, while ruling under the law likewise forces rulers to adopt public processes and offers an additional incentive to devise laws that treat rulers and ruled equitably. Again, these matters are far from straightforward. How far laws need to, or even can, always possess the requisite qualities and the degree to which these do constrain power holders are matters of dispute. Yet, that all law has to have some public qualities—for example, that it be promulgated and capable of being followed in ways that make it publicly recognized as law—and that these features formalize power to a degree, is reasonably undisputed. Increasingly, though, and even more controversially, many jurists have wanted to suggest that legality also involves certain substantive qualities of a public kind—that laws must appeal to public reasons that all subject to them can accept as reflecting, or being compatible with certain basic interests or values that are equally shared by all. Such arguments have come to be identified with rights and in particular constitutional rights, which are deemed to set the terms of how and to what purpose political power may be legally exercised. In this way, the two senses of public law come together. Constitutional rights define and mark the limits of public power in ways that can be publicly justified, and thereby ensure it serves public ends. They thereby serve what Martin Loughlin calls the “basic tasks of public law;” namely, “the constitution, maintenance and regulation of governmental authority.”

A Child Disappears

2020 ◽  
pp. 216-245
Author(s):  
Veena Das
Keyword(s):  
Police Officers ◽  
Child Witness ◽  
Grammatical Structure ◽  
Close Attention ◽  
The Everyday ◽  
Everyday Experiences ◽  
The Law ◽  
The Voice

Focusing on a case in which an eight-year-old girl is abducted, forcibly confined, and raped, this chapter analyzes the judgment of the court sessions. Paying close attention to the grammatical structure of both written and oral statements, the chapter shows the different kinds of splits that happen within these statements. The judge’s pronouncements show a doubling of voice—one voice through which she converts the narrated events into objects recognizable to the law, and a second voice in which the law speaks through the voice of the judge. Similarly, the child witness is shown to be split into the witness, one who saw the various acts of horrifying violence done to her, and second, the victim who experienced these events on her body. Finally, the chapter reads the minor contradictions that were papered over in the court to take the reader to the life of the law outside the court into the neighborhood where the everyday harassment by police officers, the bribes and the scandals, are the stuff of everyday experiences. The notion of ordinary realism helps in the analysis to anchor the contradictory affects in which the law embodies both threat and promise.

scholarly journals Further Development Of The Law Of The Sea Convention: Mechanisms For Change

2005 ◽  
Vol 54 (3) ◽  
pp. 563-584 ◽  
Author(s):  
Alan Boyle
Keyword(s):  
Law Of The Sea ◽  
Recent Attempt ◽  
The Law ◽  
Further Development ◽  
Over Time ◽  
Do So

How do treaties evolve? How in particular do we ensure the [durability over time] of a globalconvention, intended to elaborate [a new and comprehensive regime for the law of the sea] ?1Earlier attempts to do so all failed. Why should the most recent attempt be any more successful?

On being companions and strangers: Lawyers and the production of international climate law

2019 ◽  
Vol 32 (4) ◽  
pp. 625-651
Author(s):  
Sarah Mason-Case
Keyword(s):  
International Law ◽  
Professional Community ◽  
Climate Regime ◽  
Critical Perspective ◽  
The Everyday ◽  
Global North ◽  
International Climate ◽  
The Law ◽  
Legal Forms ◽  
Do So

AbstractInternational climate law is often represented as a set of rules and institutions that scholars have tracked for nearly 30 years, whether to document them, assess their effectiveness, or prescribe reforms. This article, in contrast, adopts a critical perspective to uncover the everyday life of international climate law. From this viewpoint, international climate law is a purposive endeavour that is grounded in the small places where people create and live out the law. ‘International climate lawyers’ are among those who produce the law within these sites, and they propagate international climate law across multiple institutions. Using legal-ethnographic description, the article shows how lawyers operationalize the law in the United Nations climate regime, World Bank, and international human rights system. In each case, lawyers effect some overlapping aspirations for the law as well as legal techniques, but they also adapt their practices to the places where they work. In the process, they simultaneously build and diversify their professional community. Both in their field and community then, lawyers generate heterogeneity and homogeneity through the proliferation of international climate law. They do so on multiple registers, in terms of diverging ethical commitments, multivalent legal forms, and relative authority to speak the law, notably between institutions and the Global North and Global South. If lawyers reproduce sameness and difference in international climate law, moreover, this article suggests they may reify analogous traits in the broader field of international law, including persisting power relations.

Troubled locations

Focaal ◽  
2007 ◽  
Vol 2007 (49) ◽  
pp. 15-30 ◽  
Author(s):  
Stef Jansen
Keyword(s):  
Political Economy ◽  
Life Course ◽  
The Everyday ◽  
Everyday Experiences ◽  
Post War ◽  
The Life Course

This article confronts the nationalist and foreign interventionist discourses on 'home' in post-war Bosnia-Herzegovina with the everyday experiences of a category of persons who are perceived as the ultimate embodiment of the promised homecoming encapsulated in sedentarism: minority returnees. It ethnographically traces the initially mirroring movements of two households and their differential ways to overcome the effects of displacement as well as their insertion in broader transformations. Infusing the notion of 'home' with an eye for security in its widest sense, and, in particular, highlighting the importance of the life course, it investigates the significance of place through a contextualized household political economy of 'home'. In that way it explores the conditions in which certain remakings of 'home' come to be seen as more feasible than others.

Without the Power to Drink or Contract

2020 ◽  
Vol 24 (1) ◽  
pp. 26-48
Author(s):  
Warren Swain
Keyword(s):  
Alcohol Consumption ◽  
Social Activity ◽  
Individual Responsibility ◽  
Roman Law ◽  
Current Position ◽  
Modern Times ◽  
The Will ◽  
The Subject ◽  
The Law ◽  
Over Time

Intoxication as a ground to set aside a contract is not something that has proved to be easy for the law to regulate. This is perhaps not very surprising. Intoxication is a temporary condition of varying degrees of magnitude. Its presence does however raise questions of contractual autonomy and individual responsibility. Alcohol consumption is a common social activity and perceptions of intoxication and especially alcoholism have changed over time. Roman law is surprisingly quiet on the subject. In modern times the rules about intoxicated contracting in Scottish and English law is very similar. Rather more interestingly the law in these two jurisdictions has reached the current position in slightly different ways. This history can be traced through English Equity, the works of the Scottish Institutional writers, the rise of the Will Theory, and all leavened with a dose of judicial pragmatism.

Physical environment and daily life in the Sanctuary of Poseidon at Kalaureia, Poros. The bioarchaeological remains

2019 ◽  
pp. 159-172 ◽  
Author(s):  
Arto Penttinen ◽  
Dimitra Mylona
Keyword(s):  
Everyday Life ◽  
Physical Environment ◽  
Daily Life ◽  
Soil Samples ◽  
Crucial Importance ◽  
Archaeological Excavation ◽  
Research Project ◽  
The Everyday ◽  
Over Time

The section below contains reports on bioarchaeological remains recovered in the excavations in Areas D and C in the Sanctuary of Poseidon at Kalaureia, Poros, between 2003 and 2005. The excavations were directed by the late Berit Wells within a research project named Physical Environment and Daily Life in the Sanctuary of Poseidon at Kalaureia (Poros). The main objective of the project was to study what changed and what remained constant over time in the everyday life and in both the built and physical environment in an important sanctuary of the ancient Greeks. The bioarchaeological remains, of a crucial importance for this type of study, were collected both by means of traditional archaeological excavation and by processing extensively collected soil samples. This text aims to providing the theoretical and archaeological background for the analyses that follow.

Experience Sampling Method sa Konteksto ng Sikolohiyang Pilipino (Experience Sampling Method in the Context of Filipino Psychology)

2019 ◽  
Author(s):  
Grazianne-Geneve V. Mendoza ◽  
Christie Sio
Keyword(s):  
Research Methods ◽  
Sampling Method ◽  
Experience Sampling ◽  
Experience Sampling Method ◽  
Unique Contribution ◽  
Smartphone Applications ◽  
Modern Age ◽  
Traditional Research ◽  
The Everyday ◽  
Do So

Filipino:Sa loob ng mahabang panahon, ang mga metodong pampananaliksik na ginagamit sa Sikolohiyang Pilipino (SP) ay hango sa pang-araw-araw na pakikipag-ugnayan ng mga Pilipino. Ngunit makalipas ang higit 40 taon simula nang unang itatag ang SP, malaki na ang pinagbago ng pakikipag-ugnayan at pakikitungo ng mga Pilipino sa isa’t isa dahil sa modernisasyon at pag-unlad ng teknolohiya. Gayundin, dumarami na rin ang mga iskolar ng SP na kumikilala sa kahalagahan ng pagsasakatutubo-mula-sa-labas upang higit pang mapayaman ang disiplina. Kabilang dito ang pag-aangkop ng mga lapit at metodong pampananaliksik. Bilang tugon sa mga pagbabagong ito, tinatampok sa kasalukuyang pag-aaral ang experience sampling method (ESM), isang metodong malaki ang potensiyal ngunit hindi pa nagagamit sa kontekstong Pilipino. Kumpara sa mga tradisyunal na metodo, may kakayahan ang ESM na suriin at pag-aralan ang karanasan ng tao, kabilang na ang kaniyang damdamin, saloobin, at kilos, habang nangyayari ito mismo sa kasalukuyan. Upang higit na mailapit ito sa araw-araw na buhay at gawi ng mga kalahok, marami nang mga smartphone applications o apps na magagamit sa pagsasagawa ng ESM. Sa papel na ito, tinasa ang kaangkupan ng ESM bilang metodong pampananaliksik sa SP sa pamamagitan ng paggamit nito sa pag-aaral ng mga emosyonal na karanasan ng mga Pilipinong kalahok. Batay sa mga obserbasyong nakalap mula sa pag-aaral, masasabing mayroong natatanging kontribusyon ang ESM sa pag-unlad ng SP dahil tugma ito sa layunin ng disiplina at malapit ito sa araw-araw na pamumuhay ng mga Pilipino sa makabagong panahon. Iminumungkahi ang paggamit ng ESM katuwang ng iba pang metodong kasalukuyang tinatanggap sa SP upang higit na mapalalim ang pag-unawa sa karanasang Pilipino.English:For the longest time, the research methods used in Sikolohiyang Pilipino (SP) are those derived from the day-to-day manner of communication among Filipinos. However, more than 40 years since SP was first established, modernity and rapid advancements in technology have greatly changed the way Filipinos interact and communicate with each other. At the same time, scholars have increasingly recognized the importance of indigenization-from-without to further enrich the study of SP, including the adoption of non-indigenous approaches to research. In response to these changes, the current study features the Experience Sampling Method (ESM), which, though currently underutilized in the Filipino context, has great potential in the study of it. Compared to traditional research methods, ESM allows researchers to study people’s experiences, including their emotions, thoughts, and behaviors, as they occur in the present. Furthermore, ESM smartphone applications or apps have been created to facilitate the use of ESM in obtaining a more representative sample of the everyday lives of participants. This paper aims to evaluate the appropriateness of ESM as a research method to be used in the study of SP. To do so, ESM was used to study the emotional experiences of Filipino participants. The observations derived from the study lend support to the unique contribution of ESM to the advancement of SP because it coincides with the goals of the discipline and simulates the day-to-day lives of Filipinos in the modern age. As such, ESM is recommended to be used with other methods currently used in SP to further deepen our understanding of the lives of Filipinos.

Striking Factory and Strike of Consciousness in the Work of S. M. Eisenstein

2014 ◽  
Author(s):  
Elen Vogman
Keyword(s):  
Political Economy ◽  
Soviet Union ◽  
Human Body ◽  
Body Movements ◽  
The Soviet Union ◽  
The Everyday ◽  
Everyday Work ◽  
Political Model

The Soviet Union of the 1920s produces and supports multiple connections between the policy of work in factories and the research in medical, neurological, and collective physiology. The theatrical and cinematic work of S. M. Eisenstein forms a specific prism where these interconnections appear in a spectrum of concrete attempts to engage the factory as an aesthetic and political model. The factory as a concrete topos which Eisenstein exploits in Gas Masks and Strike questions the interrelations between the human body and machine in a new iconology of a striking factory. For the duration of the Strike, the factory is represented beyond any functionality: the workers’ body movements and gestures are all the more expressive the less they have to do with their everyday work. This modulated status of production appears in Capital, Eisenstein’s unfulfilled project to realize Marx’s political economy with methods of inner monologue invented by Joyce. This last project transfigures the factory strike into the structure of cinematographic thinking where the neuro-sensorial stimuli constantly strike the logic of the everyday consciousness in the non-personal, polyphonic, and intimate monologue.

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