Coming Home

1994 ◽  
Vol 19 (03) ◽  
pp. 599-603
Author(s):  
Christine B. Harrington ◽  
John Brigham
Keyword(s):  
The Other ◽  
Academic Life ◽  
Intellectual Life ◽  
Social Scientists ◽  
Ongoing Effort ◽  
English Law

Ever since the formation of an academic bar, one which left the “practical world” of apprentices and clerkships barely 100 years ago, the architects of law's intellectual life have looked outside the canons of lawyers' law to academic life and its deep thinkers for stimulation. From the German social scientists of Pound's time to Foucault in our own, the erotica of the legal academy have often been drawn from French and German philosophers and social theorists. There may be, in fact, a pattern to this inclination in America to draw insights from the “wild passion” of the French or the “dark terror” of the Germans. There is certainly an ongoing effort to avoid England in both its commonness and its construction of the “savage” or the ethnographically primitive “other” on which English law based its authority for so long. American sociolegal intellectuals, as part of the legal academy, crave a hit of the “other” on the continent of Europe, having denuded the American forests of its native occupants.

Improving the External Validity of Conjoint Analysis: The Essential Role of Profile Distribution

2021 ◽  
pp. 1-27 ◽  
Author(s):  
Brandon de la Cuesta ◽  
Naoki Egami ◽  
Kosuke Imai
Keyword(s):  
Conjoint Analysis ◽  
Real World ◽  
External Validity ◽  
Causal Effect ◽  
The Other ◽  
Estimation Methods ◽  
Social Scientists ◽  
Actual Distribution ◽  
Open Source Software Package ◽  
Profile Distribution

Abstract Conjoint analysis has become popular among social scientists for measuring multidimensional preferences. When analyzing such experiments, researchers often focus on the average marginal component effect (AMCE), which represents the causal effect of a single profile attribute while averaging over the remaining attributes. What has been overlooked, however, is the fact that the AMCE critically relies upon the distribution of the other attributes used for the averaging. Although most experiments employ the uniform distribution, which equally weights each profile, both the actual distribution of profiles in the real world and the distribution of theoretical interest are often far from uniform. This mismatch can severely compromise the external validity of conjoint analysis. We empirically demonstrate that estimates of the AMCE can be substantially different when averaging over the target profile distribution instead of uniform. We propose new experimental designs and estimation methods that incorporate substantive knowledge about the profile distribution. We illustrate our methodology through two empirical applications, one using a real-world distribution and the other based on a counterfactual distribution motivated by a theoretical consideration. The proposed methodology is implemented through an open-source software package.

Common Lawà l'americaine

1966 ◽  
Vol 1 (4) ◽  
pp. 562-579 ◽  
Author(s):  
A. M. Apelbom
Keyword(s):  
Common Law ◽  
The Other ◽  
British Occupation ◽  
Other Hand ◽  
Two Generations ◽  
The Common ◽  
English Law ◽  
Considerable Body ◽  
Clear Line

Eighteen years after attaining independence Israel remains essentially a common law country. Introduced by the British Mandatory administration to supplement the Ottoman legislation in force at the time of the British occupation of Palestine, the common law has been retained by the Israeli legislator, so far as not modified or replaced by local legislation. But this common law, far from being residual only, also embraces a considerable body of interstitial law developed by two generations of judges, British, Palestinian and Israeli, in the process of applying and interpreting statute law—whether Ottoman, Mandatory or Israeli—according to common law methods. On the other hand the importation of common law institutions was neither wholesale nor systematic and in a number of fields no clear line of demarcation can be drawn between domestic and English law.

Leaving Academia: The Shifting Terrain of Higher Education

2020 ◽  
Vol 102 (102) ◽  
pp. 92-107
Author(s):  
Lynne Segal
Keyword(s):  
Social Sciences ◽  
Higher Education ◽  
Academic Life ◽  
Student Debt ◽  
Intellectual Life ◽  
Half Century ◽  
Knowing That ◽  
Teaching Research ◽  
Humanities And Social Sciences ◽  
Fault Lines

Leaving academia, this essay joins a steady chorus of reflection now thinking backwards over the last half century of extraordinary transformations in higher education. The industry is booming, more students than ever are entering universities, yet the academy is seen as increasingly in crisis. Staff workloads keep mounting, student debt soaring, and staff and student anxieties alike are multiplying, even as government underfunding, imposed managerialism and commercialisation threaten to reduce the underlying logic of higher education to market principles. In this context it is more urgent than ever to record the half century of struggle that opened up and enriched academic life, gradually ensuring the entry of hitherto excluded voices and topics into research and scholarship, especially in the humanities and social sciences. Drawing on my own involvement, I recall some of these always-incomplete attempts to challenge the fault-lines of intellectual life in the academy, knowing that we need always to cherish the value of teaching, research and learning, simply for its own sake.

scholarly journals North Perspectives for a Better South? Big Data and the Global South in Big Data & Society

2019 ◽  
pp. 84-107
Author(s):  
Guilherme Cavalcante Silva
Keyword(s):  
Social Sciences ◽  
Big Data ◽  
Global South ◽  
The Other ◽  
The South ◽  
Local Data ◽  
Social Scientists ◽  
Data Practices ◽  
Academic Scholarship ◽  
The One

Over the last few years, data studies within Social Sciences watched a growth in the number of researches highlighting the need for more proficuous participation from the Global South in the debates of the field. The lack of Southern voices in the academic scholarship on the one hand, and of recognition of the importance and autonomy of its local data practices, such as those from indigenous data movements, on the other, had been decisive in establishing a Big Data in the South agenda. This paper displays an analytical mapping of 131 articles published from 2014-2016 in Big Data & Society (BD&S), a leading journal acknowledged for its pioneering promotion of Big Data research among social scientists. Its goal is to provide an overview of the way data practices are approached in BD&S papers concerning its geopolitical instance. It argues that there is a tendency to generalise data practices overlooking the specific consequences of Big Data in Southern contexts because of an almost exclusive presence of Euroamerican perspectives in the journal. This paper argues that this happens as a result of an epistemological asymmetry that pervades Social Sciences.

Who Made Notable Contributions to the Development of English Law or its Literature

1957 ◽  
Vol 15 (2) ◽  
pp. 151-162
Author(s):  
H. A. Hollond
Keyword(s):  
Legal History ◽  
Law School ◽  
The Other ◽  
The Past ◽  
Inns Of Court ◽  
History Of ◽  
English Law ◽  
National Biography

These notes on thirty-six judges and chancellors, prompted by memory of my own requirements fifty years ago, were prepared for distribution on stencilled sheets to the students attending my lectures on legal history at the Inns of Court. My aim was to provide both indications of the principal achievements of each of the lawyers named, and also references to readily accessible sources of further knowledge.The editor of this journal has kindly suggested that it would be useful to its readers to have my notes available in print.It is not nearly as difficult as it used to be for beginners to find out about the great legal figures of the past. Sir William Holdsworth, Vinerian professor at Oxford from 1922 to 1944, placed all lawyers in his debt by his book, Some Makers of English Law, published in 1938. It was based on the Tagore lectures which he had given in Calcutta.Sir Percy Winfield, Rouse Ball professor at Cambridge from 1926 to 1943, gave detailed information as to the principal law books of the past and their editions in his manual The Chief Sources of English Legal History (1925) based on lectures given at the Harvard Law School. Twenty-four of my judges and chancellors have entries in his book as authors.By far the most numerous of my references are to Holdsworth's monumental History of English Law, in thirteen volumes, cited as H.E.L. The other works most referred to are The Dictionary of National Biography cited as D.N.B.; Fourteen English Judges (1926) by the first Earl of Birkenhead, L.C. 1919–1922; and The Victorian Chancellors (1908) by J. B. Atlay.

Part VII Discharge and Breach, 24 Breach

2021 ◽  
Author(s):  
Andrews Neil
Keyword(s):  
The Other ◽  
Fundamental Feature ◽  
Expected Performance ◽  
English Law

This is a fundamental feature of contract doctrine. In English law breach justifies a party in terminating the contract by reason of the other’s default if: there has been a renunciation; or a serious breach of a repudiatory nature; if a term classified as a condition has been breached; if a term not so classified has been breached so that the result of the default is extremely serious. Breach can occur before the date of expected performance. Anticipatory cancellation does not automatically end the contract. Instead the other party, if able to perform without the other’s cooperation, might decide to keep the contract in operation (that topic is also examined, in the context of debt claims, at [27.36] to [27.49]). The process of terminating and the consequences of termination is also carefully explained in the present chapter.

8. Resulting trusts

2018 ◽  
Author(s):  
Robert Pearce ◽  
Warren Barr
Keyword(s):  
The Other ◽  
Beneficial Ownership ◽  
English Law

This chapter examines resulting trusts, which are one of the two main categories of informal trusts in English law. In general, resulting trusts arise to fill gaps in beneficial ownership or to give effect to the implied intention of the owner of property that someone else should not enjoy the benefit of it. Under existing law, a resulting trust arises in two sets of circumstances. One is where A makes a voluntary payment to B or pays (wholly or in part) for the purchase of property which is vested either in B alone or in the joint names of A and B, with a presumption that A did not intend to make a gift to B. The other is where A transfers property to B on express trusts, but the trusts declared do not exhaust the whole beneficial interest.

Psychiatric Morbidity in a Sample of a London Coroner's Open Verdicts

1975 ◽  
Vol 127 (2) ◽  
pp. 133-143 ◽  
Author(s):  
T. A. Holding ◽  
B. M. Barraclough
Keyword(s):  
Psychiatric Morbidity ◽  
The Other ◽  
Consecutive Series ◽  
Insufficient Evidence ◽  
Social Scientists ◽  
Family Doctors ◽  
First Time

A coroner concludes an open verdict if there is insufficient evidence to record any of the other verdicts, namely, suicide, accident, homicide and natural causes (Purchase and Wollaston, 1957). In practice, open verdicts are most often used when the coroner cannot decide between suicide and accident. They are therefore of interest to doctors, especially family doctors and psychiatrists, and to social scientists, because suicides may be so classified for want of evidence of intent to die. Thus the study of open verdicts may increase knowledge about suicide itself and the accuracy of suicide statistics. To further these aims we describe, for the first time, a consecutive series of such deaths which occurred in a London coroner's district. The psychiatric aspects have been given special emphasis.

Pragmatic Probe: Preference and Satisfaction with Built Environment

2015 ◽  
Vol 74 (4) ◽  
Author(s):  
M. Salim Ferwati ◽  
Arezou Shafaghat
Keyword(s):  
Positive Relationship ◽  
Urban Life ◽  
The Other ◽  
Single Family ◽  
Social Scientists ◽  
Spatial Factors ◽  
Two Cities ◽  
Quality Of Urban Life ◽  
Empirical Perspective

Enhancing the quality of urban life is considered by social scientists. It has instigated a growing attention in findings from surveys aiming to measure the inhabitant image in particular places. This paper investigates preference and satisfaction that utilizes a model from both a conceptual and empirical perspective. It mainly explores the image of certain social-spatial factors enhanced in the degree of preference and satisfaction with neighborhood and housing types on both scales, as an overall and as details of urban elements and house features. It first presents a brief overview of literature and the methodology and then reviews findings covering 162 respondents living in two cities that represent four different neighborhood patterns, social-spatial characters, and housing types. The four neighborhoods are: traditional settlements, attached houses, tower apartments and single family houses. The major findings reveal that satisfaction within a given neighborhood does not necessarily associate with place attachment and similarly, despite realization of lacking certain social-spatial qualities in the neighborhood, people may feel attached to the place because of certain attributes. However, there is on one hand a positive relationship between satisfaction and feelings of a neighborhood as home, and on the other hand, differences in preference and satisfaction of house types, urban elements and house features. 

Late Antiquity: The Age of Crowds?*

2020 ◽  
Vol 249 (1) ◽  
pp. 3-52
Author(s):  
Julio Cesar Magalhães de Oliveira
Keyword(s):  
Late Antiquity ◽  
Local Communities ◽  
The Other ◽  
Main Argument ◽  
Social Scientists ◽  
City Life ◽  
The People ◽  
Urban Protest ◽  
The One ◽  
The Masses

Abstract The objective of this article is to place the study of urban protest and violence in the period from about 300 to about 600 CE in a broader perspective and to subject the investigation of plebeian activism to the basic precepts of analysis of collective action developed by social scientists and historians studying other periods. Its main argument is that, contrary to wide held assumptions in the historiography, what characterized Late Antiquity was not simply the exacerbation of violence or its tighter control, but the crisis of aristocratic hegemony and the expansion of opportunities for popular intervention in city life. What has been perceived as the product fanaticism, irrationality and deprivation of the masses, of the manipulation of bishops and aristocrats or of the failure of the mechanisms of coercion was actually the result of a dramatic social change that, on the one hand, involved a new dynamic of power and, on the other, a shift in the way the people understood their role and power in local communities.

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