Objectivity, Value Neutrality, Originality, and Ethics in Legal Research

Author(s):  
P. Ishwara Bhat

Discipline in thinking, attitude, approach, and action in the course of research activity is the topic of the third chapter. Objectivity as a major concern of legal research demands that the researcher develops views on the basis of relevant reasons and shuns irrelevant ones. Examining every question with care, thoroughness, and reason by relating to truth and welfare brings objectivity. Value neutrality is another mindset a researcher should enshrine. Impartiality and sincerity in commitment to truth are its features. But constitutional values influence the decision-making process. Originality is another virtue that should be deliberately cultivated by reflecting over the questions and introspecting about the outcomes. The chapter takes up the issues of ethics in legal research, its evolution, need, and reach, and the researcher’s ethical obligation towards informers, society, funders, and fellow researchers. Why and how to avoid plagiarism and how to develop independent thought is also discussed in the chapter.

2002 ◽  
Vol 35 (1) ◽  
pp. 71-82 ◽  
Author(s):  
PATRICIA E. BAILEY ◽  
ZENILDA V. BRUNO ◽  
MARIA F. BEZERRA ◽  
IVANY QUEIRÓS ◽  
CRISTIANA M. OLIVEIRA

Three groups of adolescents are compared with regard to their own considerations of abortion and when they believe abortion is justified. One group of adolescents terminated their pregnancies (n=95), a second became pregnant and carried their pregnancies to term but considered abortion (n=68), and the third also carried their pregnancies to term but did not consider abortion (n=204). The study was carried out between 1995 and 1998 in Fortaleza, Brazil. Adolescents were interviewed at the time of their hospitalization or their first prenatal visit and again at 6 weeks and 1 year post-abortion or postpartum. Friends and family recommended abortion to at least half of the teenagers in each group. Teenagers who aborted were more accepting of abortion than those who did not abort, while those who considered abortion found the practice more justified than those who did not consider abortion. Teenagers who aborted became less accepting a year later, while those who did not consider abortion became more accepting. A better understanding of adolescent attitudes towards abortion and their decision-making process should help adults and professionals meet the needs of adolescents for support in the process and in the reduction of the number of unintended pregnancies in the future.


2022 ◽  
pp. 344-362
Author(s):  
Ceray Aldemir ◽  
Eyüp Şen

Crowdsourcing is a form of citizen participation in which an institution has a question submits to citizens via the internet in order to get citizens to think about innovative solutions to the problem. Several municipalities around the world have already used this means, but it has not yet been clear exactly how they can use it and which preconditions play a role in this. Thus, this chapter argued the concept of citizen involvement in the age of ICT by emphasizing the two related terms e-government and e-local government, then secondly the chapter underlined the importance of the necessity of citizen participation in the policymaking process. In the third section of this chapter, it has been argued the crowdsourcing concept as a tool of participation in the age of ICT. Then finally the paper outlined a model for local governments that may use the crowdsourcing approach in the decision-making process.


Author(s):  
Paulo Botelho Pires ◽  
António Correia Barros ◽  
Filipe Taveira Santos

This study identifies the criteria underlying the buying decision-making process of medical devices in reproductive medicine. This research had three main objectives. The first one was to translate the criteria mentioned by the decision-makers into theoretical constructs, while the second objective was intended to establish the relationship between the constructs, creating a conceptual model of buying decision-making for medical devices in reproductive medicine. The third objective was to identify suitable business and marketing strategies for such a decision-making process. Four constructs were evaluated in the pre-purchase phase, namely the brand, the product's performance, the training associated with the product, and the price. In the post-purchase phase, decision-makers evaluated the following constructs: service provided by the company, the relationship with the salesperson, and loyalty. Regarding marketing strategies, market-orientation strategy, relationship-marketing strategy, and brand-equity strategy were identified as possible strategies.


Author(s):  
Thomas Kronberger ◽  
Leonidas Papakonstantinidis

That’s a summary of our research in Greece and Germany as it concerns with their “labor market”. We examine the 3-polar system in the labor market, State-Company-Citizen. The aim of this paper is to show the bargaining possibilities when there are three involved parties on a labor market and two of them are active decision-makers. The third one is stakeholder who does not directly take part in the decision-making process. We will show possible solutions for increasing the benefit for all three parties. As an introduction, basic statistical data from Greece and Germany will be presented and structured. After this, the different behaviors of the parties in both countries will be regarded and their bargaining success will be illustrated.


2007 ◽  
Vol 56 (1) ◽  
pp. 181-188 ◽  
Author(s):  
A. Herr ◽  
P.M. Kuhnert

This paper addresses uncertainty in socio-economic and sediment-nutrient models that are being developed for the assessment of change in the Great Barrier Reef (GBR) area. The catchments draining into the GBR lagoon are sources of pollutants. The Reef Water Quality Management Plan of the Queensland Government identified sediments and nutrients transported to the GBR lagoon as the major long-term threats to the reef and inshore ecosystems and the wellbeing of the human communities. The plan clearly indicates that changes in land management are required by 2013 to reduce pollutant inputs and, at the same time, maintain or enhance the benefits from using the inland waters. Science that provides decision tools for natural resource management and improves socio-economic and biophysical understanding is required to enable managers to make better decisions. A major research activity (the Water for a Healthy Country Flagship) aims to address social, economic and biophysical outcomes of land management change in the GBR. It contains research activities that provide information for integrated model development. Currently, however, these models lack the ability to estimate the uncertainty associated with prediction. This project aims to provide statistical methods for assessing uncertainty in models of sediment transportation to the GBR. Furthermore, it provides a link between the models and the decision-making process that allows assessment of uncertainty, a step pertinent to the risk analysis of policy options. This paper describes current and ongoing approaches for assessing uncertainty using a sediment modelling example and provides a way forward for the integration of applied socio-economic and biophysical models used in the decision-making process.


2021 ◽  
Vol 43 (2) ◽  
pp. 139-175
Author(s):  
Roosmaryn Pilgram ◽  
Lotte van Poppel

Abstract Regelmatig nemen patiënten een begeleider mee naar medische consulten. Het verloop van shared decision making (SDM) in consulten met drie partijen heeft tot nu toe echter weinig aandacht gekregen. In deze studie wordt nagegaan welke invloed de derde partij kan hebben op het beslisproces. Daartoe specificeren we de rollen die deze partij op zich kan nemen en bespreken we, vanuit een pragma-dialectisch perspectief, hoe deze rollen zich vertalen naar rollen binnen een discussie. Tot slot zetten we op basis van voorbeelden uiteen hoe deze rollen tot uiting kunnen komen in het besluitvormingsproces. In een consult met drie partijen blijken vanuit argumentatief oogpunt twaalf complexe discussiesituaties te kunnen ontstaan, afhankelijk van de aard van het geschil, eventuele coalitievorming en de rollen die de partijen op zich nemen. In een aantal discussiesituaties kan de derde partij een actieve rol spelen en zodoende deelnemen aan het besluitvormingsproces. Alle drie partijen kunnen daarnaast anderen bij de discussie betrekken (bijvoorbeeld door hun mening te vragen) of een coalitie suggereren (bijvoorbeeld door in de wij-vorm te spreken). Indien een derde partij een coalitie suggereert, kan dit enerzijds SDM ten goede komen, doordat de begeleider de patiënt in het besluitvormingsproces steunt. Anderzijds kan dit ook het besluitvormingsproces bemoeilijken wanneer de derde partij (bewust of onbewust) ten onrechte namens de patiënt spreekt. Op eenzelfde wijze kan een derde partij meer of minder constructieve bijdragen leveren aan de besluitvorming door standpunten of argumenten te baseren op de eigen (vermeende) expertise. Abstract The third party in shared decision making. The role of extra participants in discussions between health professionals and patients Patients often bring along a companion to medical consultations, which ideally involve shared decision making (SDM). The way in which SDM proceeds in consultations with three parties has, nonetheless, so far received little attention. In this study, we analyse how the presence of a third party can affect the decision making process. To do so, we specify the roles that this party can fulfil, and discuss, using the pragma-dialectical framework, how these roles relate to discussion roles. Lastly, based on a qualitative analysis of a number of examples we illustrate how the roles that a third party could fulfil can be expressed in actual medical decision making. From an argumentative perspective, twelve complex discussion situations could arise from the presence of three parties, depending on the nature of the disagreement, possible coalition building, and the roles that the parties fulfil. In a number of discussion situations, the third party can play an active role and thus take part in the decision making process itself. All three parties could additionally invite others to participate in the discussion (for instance, by asking for their opinion) or suggest that a coalition has been formed (for instance, by using inclusive ‘we’). A third party suggesting that a coalition exists can further SDM, as the companion could thereby support the patient in the decision making process. However, this could also hinder the decision making process if the third party (consciously or unconsciously) unjustifiably speaks on behalf of the patient. In a similar vein, a third party could contribute in a more constructive or less constructive manner to the decision making process by basing standpoints or arguments on their own (supposed) expertise.


Author(s):  
Ceray Aldemir ◽  
Eyüp Şen

Crowdsourcing is a form of citizen participation in which an institution has a question submits to citizens via the internet in order to get citizens to think about innovative solutions to the problem. Several municipalities around the world have already used this means, but it has not yet been clear exactly how they can use it and which preconditions play a role in this. Thus, this chapter argued the concept of citizen involvement in the age of ICT by emphasizing the two related terms e-government and e-local government, then secondly the chapter underlined the importance of the necessity of citizen participation in the policymaking process. In the third section of this chapter, it has been argued the crowdsourcing concept as a tool of participation in the age of ICT. Then finally the paper outlined a model for local governments that may use the crowdsourcing approach in the decision-making process.


2021 ◽  
Vol 61 (2) ◽  
pp. 109-121
Author(s):  
Maruša Goluža ◽  
Maruška Šubic-Kovač ◽  
Drago Kos ◽  
David Bole

We analyzed planning mechanisms and evaluated their performance in achieving legitimacy in infrastructure planning in Slovenia. Planning mechanisms were divided according to the concept of input, throughput and output legitimacy. We conducted a document analysis and interviews to assess their effectiveness in achieving legitimate decisions. Although the analyzed decision-making process declaratively promoted democratic principles, the mechanisms failed to satisfactorily enhance the legitimacy of decisions. The study revealed inadequate communication approaches, both in the decision-makers' relationship with the public and within the expert discourse. Accordingly, the study argues for more genuine communication with the public and within academia to address legitimacy challenges in increasingly conflictual decision-making processes.


2020 ◽  
Vol 1 (2) ◽  
pp. 186-190
Author(s):  
Gede Widya Arsana ◽  
I Made Sepud ◽  
I Nyoman Sujana

School students are the future generation who still need guidance; if they are failed to be guided, there will be an upheaval in their inner selves that is delinquency, which may turn into a criminal act, like murder. The backgrounds of problems are formulated as follows: 1). what is the judge's consideration in deciding cases of murder committed by the child? 2) How criminal sanctions are imposed on a child? This research uses normative legal research methods. The results show that the rationale judgment of the judges in imposing punishment to the juvenile was merely based on the action of crime committed by the children. The judges only perform their obligations under the Act that has been established and which they assume the verdict was fair for the society and the family victim. However, the judges failed to assume the negative impact of criminal penalties of 10 (ten) years of imprisonment sentenced to the children. It was clear that the judges tend to apply juridical considerations in decision making process. While they did consider the non-juridical considerations in decision Number 22/Pid.Sus.Anak/2016/PN.Tjk which actually should be based on sociological, psychological, criminological, and philosophical of the juveniles. The researcher suggests that: 1) The judges must consider and reconsider the punishment of 10 years imprisonment which may lead to mental decline in children because they are still relatively; 2) The judges shall reconsider the impact that would occur in children as they are living for 10 years in prison.


2014 ◽  
Vol 7 (4) ◽  
Author(s):  
Petr Jeřábek

The paper focuses on the decision-making process in the European Union since approval of the Treaty of Maastricht. Special consideration is dedicated to pillars two and three. The second pillar is connected with Common Foreign and Security Policy, while the third pillar contributes with Justice and Home Affairs. The first part of this paper introduces the major tools which are commonly used and describes how pillars system works. The difference between intergovernmentalism and supranationalism is also addressed. In the second part the paper deals with some important changes under the Treaty of Nice and Treaty of Lisbon. The Treaty of Lisbon will cancel the pillars system, being replaced by one legal personality for the European Union. While the former treaties were partly based on intergovernmentalism, the Treaty of Lisbon is mostly oriented on supranationalism.


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