From Close-Ups to Long Shot

2020 ◽  
pp. 45-61
Author(s):  
Antoine Vauchez
Keyword(s):  
Decision Making ◽  
Case Law ◽  
Research Strategy ◽  
Levels Of Analysis ◽  
The Political ◽  
The European Union ◽  
Judicial Decision Making ◽  
Political Role ◽  
Analytical Equipment

In a context in which EU case law is increasingly politicized, this chapter questions our analytical equipment when it comes to understanding the ‘political role’ of the Court of Justice of the European Union (CJEU). Moving from close-ups to long shot views of EU case-lawyering, the chapter repositions judicial decision-making in a dense web of political, social, and professional ramifications within and outside the Court itself. By articulating micro, meso, and macro levels of analysis, it escapes ontological discussions about the political nature of the Court (‘neoliberal’, ‘federalist’, etc.) and suggests a research strategy able to empirically measure and geographically map out the Court’s embeddedness in Europe’s laws, politics, and societies.

Shaping Taxation: Economic Elites and Fiscal Decision-Making in Argentina, 1920–1945

2008 ◽  
Vol 40 (1) ◽  
pp. 83-108 ◽  
Author(s):  
JOSÉ ANTONIO SÁNCHEZ ROMÁN
Keyword(s):  
Decision Making ◽  
Fiscal Policy ◽  
Income Tax ◽  
Policy Making ◽  
The Political ◽  
Period Analysis ◽  
Juan Domingo Peron ◽  
Political Role ◽  
Economic Elites

AbstractThis article deals with the process of decision-making in the sphere of taxation in Argentina between 1920 and 1945, focusing on the possible influence of the economic elites in that process. Given the central role of decisions over taxation in any fiscal policy and the momentous transformations that occurred in the Argentine system during this period, analysis of this subject can provide a better understanding of the political role that economic elites in Argentina played between the first presidency of Hipólito Yrigoyen (1916–22) and the ascent of Juan Domingo Perón to the presidency in 1946. Drawing on three key episodes in Argentina policy-making – the attempt to introduce an income tax in 1923, the response to the Depression in 1931–32, and the crisis of 1942–43, this article suggests that parliamentary institutions had stronger resilience in Argentina than is usually believed, and corporatist arrangements became rooted in Argentina only with difficulties.

scholarly journals The role of case law in judicial decision-making: A sociological perspective

Sociologija ◽  
2015 ◽  
Vol 57 (4) ◽  
pp. 593-619
Author(s):  
Tilen Stajnpihler
Keyword(s):  
Decision Making ◽  
Legal Status ◽  
Case Law ◽  
The Body ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
The Supreme Court ◽  
Citation Practices ◽  
The Republic

The article attempts to verify a common conception that has by now become an integral part of legal culture in civil law jurisdictions, namely, the conception that despite its unresolved legal status, case law (i.e. the body of past judicial decisions) is widely used by the courts when they are justifying their interpretative choices. For this purpose, an exploratory empirical study of court citation practices was conducted. The study focused on a sample of the officially reported decisions of the Supreme Court of the Republic of Slovenia and the appellate (Higher) courts on civil matters in 2011 that were publicly accessible on the official internet database of the Slovene courts. The aim of the study, which provides the first systematic outline of the use of case law in the judicial decision making process within the Slovene legal system, was to verify whether case law in fact constitutes an important factor in judicial decision-making. It did so by focusing on the extent and the manner in which Slovene courts refer to case law, as these may be inferred from the reasoning of their decisions.

scholarly journals Why does a woman’s deliberative faculty have no authority? Aristotle on the political role of women

2015 ◽  
Vol 26 (4) ◽  
pp. 902-916
Author(s):  
Irina Deretic
Keyword(s):  
Decision Making ◽  
Political Context ◽  
Public Affairs ◽  
The Political ◽  
First Line ◽  
Political Role ◽  
Advice Giving ◽  
Role Of Women ◽  
Recent Interpretation

In this paper I will discuss Aristotle?s controversial philosophical views on women. I will critically examine three main interpretations of his claim that women have deliberative faculty ?without authority?. According to the first line of interpretation, Aristotle has in mind that women?s incapacity of advice-giving and decision-making in public affairs are determined by conventions in the political context of his time. I will attempt to point out the disadvantages of this kind of interpretation. Furthermore, I will put forward the reasons why is implausible the more recent interpretation, given by Marguerite Deslauriers. According to her reading, the lack of authority of deliberative faculty in women means nothing else than the tasks over which women have authority are for the purpose of the tasks put forth by men. The prevailing interpretation among scholars is that, in Aristotle?s view, women are naturally inferior to men, due to the fact that they are all too frequently overruled by the irrational ?forces? of their nature. I will argue that this line of interpretation elucidates what Aristotle presumably has in mind, although it makes his account of women and their rationality, if not inconclusive, then indisputably problematic. In other words, I attempt to prove that, if the prevailing line of interpretation is correct, such view of women produces some philosophically ?insurmountable? problems for Aristotle. The aim of the last section of the paper is to point out how some of these problems could eventually be resolved.

Corporate Direct Taxation in the European Union: Explaining the Policy Process

1995 ◽  
Vol 15 (2) ◽  
pp. 153-181 ◽  
Author(s):  
Claudio M. Radaelli
Keyword(s):  
European Union ◽  
Policy Change ◽  
Policy Process ◽  
The Political ◽  
The European Union ◽  
Direct Taxation ◽  
Political Role ◽  
Taxation Policy ◽  
Policy Types

ABSTRACTThe author presents an empirical study of the direct corporate taxation policy process in the European Union. The study links three public policy literatures that are usually considered somewhat distinct and independent: the literature on the politics of tax reform, the literature on policy change and the political role of knowledge, and the literature on European integration. The examination of these literatures leads to a series of hypotheses which are used for addressing the analysis of the policy process. The conclusions assess the hypotheses and draw implications for the study of knowledge utilisation, policy change, and policy types.

The political vitality of Mapuche stones: Heteronomy and political decision-making

2017 ◽  
Vol 22 (3) ◽  
pp. 334-347
Author(s):  
André Menard
Keyword(s):  
Decision Making ◽  
19Th Century ◽  
Liberal Democracy ◽  
The Political ◽  
Political Decision ◽  
Late 19Th Century ◽  
Political Role ◽  
Personal Use ◽  
Political Decision Making

In the ethnographic literature on Mapuche culture from the late 19th century to the present, there are many references to the existence of stones charged with symbolic, magical, religious and even political powers. These range from large rocks that are the object of collective worship to small stones that are put to (more-or-less) personal use. This article focuses on the political role of these stones. In many cases, they are depicted as subjects that form alliances with their owners and create the conditions for victories in politics and war thanks to their oracular powers and the force and prestige they confer. This article also includes an analysis of how these stones are inscribed in a certain logic of Mapuche decision-making, in which that activity is often moved to a heteronomous space (dreams, omens, divine voices and other signs) in which these stones seem to participate as subjects. This suggests that Mapuche society has a specific relationship with political decision-making and the problem of sovereignty, one that stands in opposition to both Carl Schmitt’s authoritarian decisionism and the rationalism of liberal democracy.

The Advocate General: A Key Actor of the Court of Justice of the European Union

2012 ◽  
Vol 14 ◽  
pp. 587-613 ◽  
Author(s):  
Laure Clément-Wilz
Keyword(s):  
Case Law ◽  
Decision Making Process ◽  
Eu Law ◽  
The European Union ◽  
Judicial Decision ◽  
Advocate General ◽  
Judicial Decision Making ◽  
Court Of Justice ◽  
Legal Structures

AbstractIt is argued that the Advocate Generals have helped to create a distinct and identifiable body of EU law. In the context of increasingly complex legislation and legal structures, the Advocate Generals have also contributed to improving the coherence of legislation and case law. It is also argued that the legal texts and practice firmly place the Advocate General at the same time within the CJEU and yet outside the Court. The institutional and functional rules governing the role of the Advocate General do have an impact on the judicial decision-making process. Some suggestions for reforming the role of the Advocate General in order to integrate the Advocate General more fully within the Court and to strengthen the role are also made.

Something Gleaming

Theoria ◽  
2020 ◽  
Vol 67 (165) ◽  
pp. 92-117
Author(s):  
Bronwyn Leebaw
Keyword(s):  
The Political ◽  
Political Role ◽  
Common Concern ◽  
The Way

What kinds of lessons can be learned from stories of those who resisted past abuses and injustices? How should such stories be recovered, and what do they have to teach us about present day struggles for justice and accountability? This paper investigates how Levi, Broz, and Arendt formulate the political role of storytelling as response to distinctive challenges associated with efforts to resist systematic forms of abuse and injustice. It focuses on how these thinkers reflected on such themes as witnesses, who were personally affected, to varying degrees, by atrocities under investigation. Despite their differences, these thinkers share a common concern with the way that organised atrocities are associated with systemic logics and grey zones that make people feel that it would be meaningless or futile to resist. To confront such challenges, Levi, Arendt and Broz all suggest, it is important to recover stories of resistance that are not usually heard or told in ways that defy the expectations of public audiences. Their distinctive storytelling strategies are not rooted in clashing theories of resistance, but rather reflect different perspectives on what is needed to make resistance meaningful in contexts where the failure of resistance is intolerable.

Sign in / Sign up

Export Citation Format

Share Document