Heritage values and legal rules

Author(s):  
Jeremy C. Wells ◽  
Lucas Lixinski

Purpose Existing regulatory frameworks for identifying and treating historic buildings and places reflect deference to expert rule, which privileges the values of a small number of heritage experts over the values of the majority of people who visit, work, and reside in historic environments. The purpose of this paper is to explore a fundamental shift in how US federal and local preservation laws address built heritage by suggesting a dynamic, adaptive regulatory framework that incorporates heterodox approaches to heritage and therefore is capable of accommodating contemporary sociocultural values. Design/methodology/approach The overall approach used is a comparative literature review from the fields of heterodox/orthodox heritage, heterodox/orthodox law, adaptive management, and participatory methods to inform the creation of a dynamic, adaptive regulatory framework. Findings Tools such as dialogical democracy and participatory action research are sufficiently pragmatic in implementation to envision how an adaptive regulatory framework could be implemented. This new framework would likely require heterodox definitions of law that move beyond justice as a primary purpose and broaden the nature of legal goods that can be protected while addressing discourses of power to benefit a larger group of stakeholders. Practical implications The authors suggest that an adaptive regulatory framework would be particularly beneficial for architectural and urban conservation planning, as it foregrounds considerations other than property rights in decision-making processes. While such a goal appears to be theoretically possible, the challenge will be to translate the theory of an adaptive regulatory framework into practice as there does not appear to be any precedent for its implementation. There will be issues with the need for increased resources to implement this framework. Originality/value To date, there have been few, if any, attempts to address critical heritage studies theory in the context of the regulatory environment. This paper appears to be the first such investigation in the literature.

Author(s):  
Jeremy C. Wells ◽  
Lucas Lixinski

Purpose Existing regulatory frameworks for identifying and treating historic buildings and places reflect deference to expert rule, which privilege the values of a small number of heritage experts over the values of the majority of people who visit, work, and reside in historic environments. To address this problem, the purpose of this paper is to explore a fundamental shift in how US federal and local preservation laws address built heritage by suggesting a dynamic, adaptive regulatory framework that incorporates heterodox approaches to heritage and therefore is capable of accommodating contemporary sociocultural values. Design/methodology/approach The overall approach the authors use is a comparative literature review from the fields of heterodox/orthodox heritage, heterodox/orthodox law, adaptive management, and participatory methods to inform the creation of a dynamic, adaptive regulatory framework. Findings Heterodox heritage emphasizes the need for a bottom-up, stakeholder-driven process, where everyday people’s values have the opportunity to be considered as being as valid as those of conventional experts. Orthodox law cannot accommodate this pluralistic approach, so heterodox law is required because, like heterodox heritage, it deconstructs power, values participation, and community involvement. Practical implications Orthodox heritage conservation practice disempowers most stakeholders and empowers conventional experts; this power differential is maintained by orthodox law. Originality/value To date, there have been few, if any, attempts to address critical heritage studies theory in the context of the regulatory environment. This paper appears to be the first such investigation in the literature.


Author(s):  
Karim van Knippenberg ◽  
Martijn Duineveld ◽  
Marleen Buizer

PurposeIn the field of critical heritage studies, it has often been argued that a more inclusive and participatory heritage management approach neutralises differences and can contribute to a more contemporary, plural, democratic and inclusive notion of heritage. Yet, the needs and aspirations of those assumed being excluded from heritage making are not always taken into account, because the analysis and critique often focussed on the dominant heritage discourses, organisations and institutions. This paper conceptualises heritage from below and explores and reconceptualises how subdominant notions of heritage relate to dominant, institutionalised conceptualisations of heritage.Design/methodology/approachBased on a case study of the Mobarak mosque in The Hague, the authors present the multiplicity of subdominant conceptualisations of heritage, the ways heritage is (expected to be) recognised and represented by the community and the complexity of issues of social inclusion/exclusion.FindingsThe authors conclude that inclusive and/or participatory heritage management practices are inclusive in name only when the needs and aspirations of those seemingly being “excluded” are not fully understood and taken into account.Originality/valueA binary heritage/non-heritage framework, the authors argue, is limited to understand matter that matters. Also the authors find that the assumption that there is a growing desire among local community groups to include their histories and related materialities as heritage in the dominant heritage discourse should be challenged.


Author(s):  
Alexander Styhre ◽  
Rebecka Arman

Purpose – Institutional theorists treat law and regulations as external factors that is part of the organization’s environment. While institutional theory has been criticized for its inability to recognize the role of agents and to theorize agency, the growing literature on institutional work and institutional entrepreneurship, partially informed by and co-produced with practice theory, advances a more dynamic view of processes of institutionalization. In order to cope with legal and regulatory frameworks, constituting the legal environment of the organization, there are evidence of organizational responses in the form of bargaining, political negotiations, and decoupling of organizational units and processes. The purpose of this paper is to report how legal and regulatory frameworks both shape clinical practices while at the same time they are also informed by the activities and interests of professional communities and commercial clinics. Design/methodology/approach – This paper reports an empirical study of the Swedish-assisted conception industry and is based on a case study methodology including the use of interviews and formal documents and reports issues by governmental agencies. Findings – The empirical material demonstrates how scientists in reproductive medicine and clinicians regard the legal and regulatory framework as what ensures and reinforces the quality of the therapies. At the same time, they actively engage to modify the legal and regulatory framework in the case when they believe it would benefit the patients. The data reported presents one successful case of how PGD/PGS can be used to develop the efficacy of the therapy, and one unsuccessful case of regulatory change in the case of patient interest groups advocating a legalization of commercial gestational surrogacy. In the former case, scientific know-how and medicinal benefits served to “push” the new clinical practice, while in the latter case, the “demand-pull” of patient interest groups fails to get recognition in regulatory and policy-making quarters. Originality/value – The study contributes to the literature on agency in institutional theory (e.g. the emerging literature on institutional work) by emphasizing how legal and regulatory frameworks are in a constant process of being modified and negotiated in the face of novel technoscientific practices and social demands. More specifically, this process include many scientific, technological, economic, political and social relations and resources, making the legal environment of organizations what is the outcome from joint negotiations and agreements across organizational and professional boundaries.


Obiter ◽  
2020 ◽  
Vol 41 (2) ◽  
pp. 328-347
Author(s):  
Mzukisi Njotini

Information and Communications Technologies (ICTs) generate both benefits and challenges for society. For example, ICTs augment social development and encourage equality and inclusivity. In addition, these technologies create a new space – that is, cyberspace. This space is separate from physical or offline space. The emergence of this space has resulted in regulators having difficulty establishing suitable regulations. The latter are regulations that understand the workings and dynamics of ICTs. Mostly, regulators adopt regulatory frameworks that are suitable for controlling physical or offline environments. These regulations accept, inter alia, that the source of regulating is the law or legal rules. In the main, regulators continuously re-invent the ICT regulatory wheel in the hope that, by chance, suitable ICT regulations will emerge or be found. Consequently, ICT regulations often exacerbate the existing ICT regulatory dilemma. This article examines an alternative approach to regulations that is external to the law or legal rules. The structure accepts that a proper ICT regulatory framework is one that understands the workings and dynamics of these technologies. Given this understanding, ICT regulations should be bound to the technology and be able to develop or evolve with it.


2014 ◽  
Vol 35 (6/7) ◽  
pp. 418-432
Author(s):  
Xiaoai Ren

Purpose – The purpose of this paper is to look at the organizational structure and service provisions of cooperative public library systems in New York State. The study also seeks to ask questions of how cooperative public library systems decide what services to provide. Design/methodology/approach – Descriptive statistics, factor analysis and cluster analysis were applied on New York State public library systems’ 2008 annual reports to generate quantitative profiles of public library systems and their service transactions. Three cooperative public library systems displaying different service features were purposefully selected for further study of their service decision-making processes. The face-to-face and phone interviews were adopted in the study. Findings – Research findings from this study provide information on specific service variations across cooperative public library systems. The findings also provide differences of service decision-making processes in addition to the factors that might cause these differences. Originality/value – This study adds knowledge of public library systems’ management and organizational structures, therefore fills a knowledge gap on public library systems. It can also serve as the baseline for future studies using newer annual report data and therefore to study the changing roles and services of cooperative public library systems in New York State.


2021 ◽  
Vol 13 (13) ◽  
pp. 7072
Author(s):  
Peter Cronkleton ◽  
Kristen Evans ◽  
Thomas Addoah ◽  
Emilie Smith Dumont ◽  
Mathurin Zida ◽  
...  

From 2016–2019, the West African Forest-Farm Interface (WAFFI) project engaged with smallholder farmers in northern Ghana to explore mechanisms to improve the influence of under-represented peoples, particularly women, in decision-making processes and platforms that affect their access to natural resources. Through a multi-phase process of participatory activities, including auto-appraisal, participatory action research (PAR) and facilitated knowledge exchange, villagers and researchers worked together to document and develop a better understanding of the challenges and changes facing women and men in the region to generate social learning. Among these challenges, the degradation of forest resources due to over exploitation, weak governance and conflict of use over shea trees (Vitellaria paradoxa) were particularly important for women. The WAFFI approach created a scaffold for social learning that strengthened the capacity of local stakeholders to share their perspectives and opinions more effectively in multi-stakeholder forums and dialogue related to resource use and land use change initiatives.


2018 ◽  
Vol 10 (2) ◽  
pp. 118-129
Author(s):  
Linda Carol Algozzini ◽  
Valencia Lavon Gabay ◽  
Shannon D. Voyles ◽  
Kimberly Bessolo ◽  
Grady Batchelor

Purpose This case study reviews a group coaching and mentoring (GCM) change model and its significance in dissolving barriers and promoting equity in virtual learning environments. The purpose of this paper is to examine the model’s approach to shifting instructor mindsets to align with institutional core values and initiatives that best serve a twenty-first century adult learner. Design/methodology/approach The change model, grounded in GCM, metacognition, self-regulated learning, and community of practice theory, incorporates participatory action research design focusing on cycles of action, reflection, and evaluation. Findings This study illustrates the change model’s success in moving educators toward deeper understanding of self and individual student differences. It further showcases how professionals adapt and improve practices using self-regulated learning and metacognition to better serve the population they teach. Practical implications The GCM framework improved engagement. The design, while implemented in a higher education arena, is applicable to other entities seeking to bridge gaps using metacognition and self-regulated learning to become adaptable and inclusive. Originality/value The change model, recipient of one of this year’s Effective Practice Awards from the Online Learning Consortium (2017), is recognized for innovation and replicability in and beyond higher education.


2020 ◽  
Vol 54 (7) ◽  
pp. 1787-1804 ◽  
Author(s):  
Jagdish Sheth ◽  
Varsha Jain ◽  
Anupama Ambika

Purpose This paper aims to analyze the present status of customer support services (CSS) and advocate the re-positioning of support services from an administrative cost center to a strategic profit center. Authors demonstrate how customer support or after sales services can be a source of competitive advantage and revenue generation for firms. Design/methodology/approach The study adopts a conceptual approach grounded in theoretical foundations of service dominant logic, customer loyalty and customer centricity along with practical illustrations from the industry. Findings Following the tenets of theory, review of existing research and analysis of the industry practices, the authors propose a new framework to enable the repositioning of customer service function. The key propositions include establishing customer support as separate business unit and insights center, introducing a new role of a C-level chief customer support officer to lead the customer support unit, adopting a customer-centric culture and process, enabling frontline IT support and investing in frontline employee skills development. Research limitations/implications Academics should examine the potential of customer support, where the strategic importance is low at present, leading to customer dissatisfaction. The new approach and positioning of customer support calls for a new direction for research in this area focusing on enablers, challenges and further implications. To succeed in this competitive era, firms should be conscious of the value of customer service and undertake concrete actions to generate value for all stakeholders. Practical implications Industry can use the new framework and re-position CSS of the organizations. The CSS unit can be different from other business units in the organizations. The CSS would evolve and emerge from the live customer insights. CSS unit can be managed by the C level chief CSS officer. Customer-centric culture would be developed and front line processes can be made customer-oriented by the officer. Thus, this paper and framework would provide new customer-centric directions to the organizations for effective functioning. Originality/value This is the original piece that has emerged from the experience and expertise of the authors.


Author(s):  
Henry Larkin

Purpose – The purpose of this paper is to investigate the feasibility of creating a declarative user interface language suitable for rapid prototyping of mobile and Web apps. Moreover, this paper presents a new framework for creating responsive user interfaces using JavaScript. Design/methodology/approach – Very little existing research has been done in JavaScript-specific declarative user interface (UI) languages for mobile Web apps. This paper introduces a new framework, along with several case studies that create modern responsive designs programmatically. Findings – The fully implemented prototype verifies the feasibility of a JavaScript-based declarative user interface library. This paper demonstrates that existing solutions are unwieldy and cumbersome to dynamically create and adjust nodes within a visual syntax of program code. Originality/value – This paper presents the Guix.js platform, a declarative UI library for rapid development of Web-based mobile interfaces in JavaScript.


2016 ◽  
Vol 42 (9) ◽  
pp. 913-921 ◽  
Author(s):  
Adrien Bouchet ◽  
Michael Troilo ◽  
Brian R. Walkup

Purpose The purpose of this paper is to examine the extent to which dynamic pricing is utilized in North American professional sports. While industries such as airlines and travel services have employed dynamic pricing for decades, professional sports is only now starting to adopt it. Design/methodology/approach The authors survey and interview high ranking executives and managers in North American sports organizations. A total of 72 managers and executives from the four major North American professional sports leagues as well as other sport properties were surveyed. Descriptive statistics and a basic regression provide insight into perceptions v. actual practice among sports organizations. Findings While most sports organizations perceive high usage of dynamic pricing within their organization, current procedures lag. Nearly 70 percent of respondents believe that their organizations frequently or always apply business analytics to dynamic pricing, but only 30 percent update their prices daily. Fully 50 percent of organizations do not automate decision-making processes, which is a hallmark of dynamic pricing. The perception of constant use of analytics in dynamic pricing intensifies as job title increases. Originality/value As one of the initial surveys looking at the usage of dynamic pricing in North American professional sports, this study provides a glimpse into both the perception and the reality. It suggests that there is still ample room for improvement.


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