The Criminalization of Atrocities in Guatemala

2020 ◽  
pp. 109-142
Author(s):  
Mark S. Berlin

This chapter traces the process of a single case of atrocity criminalization—Guatemala in 1973—to further verify the causal mechanisms of the book’s technocratic legal borrowing thesis. It formulates and tests a set of empirical predictions that speak to the observable implications of the theory’s causal mechanisms. Using a combination of primary sources, secondary sources, and elite interviews, it finds strong support for these predictions. First, the idea to include atrocity laws in the 1973 Guatemalan criminal code likely originated with its technocratic author, Gonzalo Menéndez de la Riva, and not with international organizations, civil society organizations, or government policymakers, as alternative theories would predict. Second, two types of influence likely shaped Menéndez de la Riva’s choices to include atrocity laws: (1) the emulation of other codes from the region that were highly regarded among his professional community, and (2) professional ideas about the importance of adopting national atrocity laws that spread to the region through prominent Latin American scholars linked to the International Association of Penal Law. Finally, the Guatemalan government likely approved these laws because they perceived them as low-stakes, technical features of a modernization project, and not because they intended them to appeal to international actors or the political opposition, as alternative theories would predict.

2020 ◽  
pp. 79-108
Author(s):  
Mark S. Berlin

This chapter presents a new, comprehensive dataset on the global spread of atrocity laws. It uses time-series statistical analyses to systematically test the book’s theory of atrocity criminalization against alternative explanations on global patterns of cases. The results provide strong support for four expectations that follow from the book’s main arguments. First, more democratic governments are more likely than autocratic ones to criminalize atrocities through targeted legislation. Second, on its own, the adoption of a new criminal code in a given state of any regime type greatly increases the likelihood that the state criminalizes atrocity offenses. Third, when governments do adopt new criminal codes, they are more likely to include atrocity offenses if the types of sources from which drafters are likely to borrow favor atrocity criminalization. Specifically, higher rates of atrocity law diffusion among regional legal peers and greater levels of embeddedness in networks influenced by the International Association of Penal Law are associated with greater likelihoods of including atrocity offenses in new criminal codes. Finally, the determinants of criminalization through criminal code reform are different than those of criminalization through targeted legislation, supporting the claim that these two pathways are the products of distinct behavioral dynamics.


1995 ◽  
Vol 18 (3) ◽  
pp. 269-283 ◽  
Author(s):  
Jane C. Rohrer

This qualitative multisite single case study is designed to explore the conception of giftedness held by four experienced teachers. These teachers were from three school districts piloting the Early Assessment for Exceptional Potential portfolio assessment model (Shaklee, Barbour, Ambrose, Viechnicki, & Rohrer, 1991). Teacher interviews triangulated by multiple secondary sources were analyzed to answer the research question guiding the study: How do primary teachers conceptualize giftedness in young children! Findings revealed that the four teachers shared a similar image of giftedness. This conception had two dimensions: classroom performance and affective style of the students. Teachers assessed children developmentally against their peers for extremely unusual intellectual and/or academic ability as demonstrated by what children said and did, and a “spark, ” or qualitative difference in these children characterized by intensity, high visibility, and/or uniqueness. Four strands of evidence created the teachers' image of child potential.


Author(s):  
Tarek Hatem ◽  
Elham Metwally

This research reports the results of a single case study that covers a successful project of IT implementation in International Commercial Bank (ICB) from the Egyptian banking industry. The case highlights leadership actions, as well as other related factors regarding effectiveness of IT implementation that are linked to strategic competitiveness and value creation. Multiple sources of data were used. Primary sources include in-depth interviews in semi-structured format with industry authorities, IT and retail banking managers, and the bank’s executives in general; whereas, secondary sources of data include annual reports, website information, and financial statements. Findings show that successful implementation was influenced by the interplay of several management practices, which eventually, had an impact on strategic competitiveness through their impact on some in-house attributes; notably, a dominating constructive cultural pattern leading to higher levels of organizational commitment, and the bank’s value chain.


2018 ◽  
Vol 56 (6) ◽  
pp. 1445-1462
Author(s):  
Paul Manning ◽  
Peter John Stokes ◽  
Max Visser ◽  
Caroline Rowland ◽  
Shlomo Yedida Tarba

PurposeThe purpose of this paper is to investigate the processes of open innovation in the context of a fraudulent organization and, using the infamous Bernie L. Madoff Investment Securities fraud case, introduces and elaborates upon the concept of dark open innovation. The paper’s conceptual framework is drawn from social capital theory, which is grounded on the socio-economics of Bourdieu, Coleman and Putnam and is employed in order to make sense of the processes that occur within dark open innovation.Design/methodology/approachGiven the self-evident access issues, this paper is necessarily based on archival and secondary sources taken from the court records ofMadoff v. New York– including victim impact statements, the defendant’s Plea Allocution, and academic and journalistic commentaries – which enable the identification of the processes involved in dark open innovation. Significantly, this paper also represents an important inter-disciplinary collaboration between academic scholars variously informed by business and history subject domains.FindingsAlthough almost invariably cast as a positive process, innovation can also be evidenced as a negative or dark force. This is particularly relevant in open innovation contexts, which often call for the creation of extended trust and close relationships. This paper outlines a case of dark open innovation.Research limitations/implicationsA key implication of this study is that organizational innovation is not automatically synonymous with human flourishing or progress. This paper challenges the automatic assumption of innovation being positive and introduces the notion of dark open innovation. Although this is accomplished by means of an in-depth single case, the findings have the potential to resonate in a wide spectrum of situations.Practical implicationsInnovation is a concept that applies across a range of organization and management domains. Criminals also innovate; thus, the paper provides valuable insights into the organizational innovation processes especially involved in relation to dark open innovation contexts.Social implicationsIt is important to develop and fully understand the possible wider meanings of innovation and also to recognize that innovation – particularly dark open innovation – does not always create progress. The Caveat Emptor warning is still relevant.Originality/valueThe paper introduces the novel notion of dark open innovation.


2016 ◽  
Vol 71 (1) ◽  
pp. 67-76 ◽  
Author(s):  
Raija Komppula

Purpose This paper aims to highlight the crucial role of individual people, entrepreneurs and other stakeholders in the development of a tourist destination during its life cycle. The purpose is to increase our understanding of individual actors as contributors to leadership and development of tourism destinations. Design/methodology/approach An intrinsic case study of a Finnish ski resort, Ruka, is presented. The primary data consist of 16 narrative interviews. Secondary sources of information such as a history book and a historical review, reports and Web pages have been used as well. Findings The study suggests that the leadership in a destination is attributed to individuals. It is the charismatic entrepreneurs, business managers, municipality and influential politicians that may take control of the leadership at the destination. Being local enhances the sense of identity with the place and facilitates a cooperative atmosphere between actors. Finally, the roles of stakeholders and aspects of the leadership of a destination may vary along the destination life cycle. Research limitations/implications As this paper presents a single case study in a Finnish context, the findings cannot be, and are not meant to be, generalized. Rather, the findings present an example of an exception to the mainstream destination management and governance literature. Originality/value The paper fills the research gap noted by Kennedy (2014) and presents an in-depth study analysing the role of different stakeholders in destination leadership.


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