Courts and Diversity: Normative Justifications and Their Empirical Implications

2021 ◽  
Vol 15 (2) ◽  
pp. 187-220
Author(s):  
Keren Weinshall

Abstract The study distinguishes between three normative approaches that view diversity in the judiciary as a desirable ideal, outlines their expected empirical implications for judicial decision-making, and tests the implications against data from the Israeli Supreme Court. The “reflecting” approach suggests that diversifying the courts is important mainly as a means of strengthening the public’s confidence in them and does not impact judicial decisions. The “representing” approach asserts that judges serve as representatives of their social sectors. Thus, they tend to rule in favor of their group’s interest only in cases that are relevant to their in-group. The “social background theory” is based on the premise that people of different backgrounds develop distinct worldviews. Hence, social attributes are expected to influence judicial decisions across a wide range of socio-legal issues. The empirical investigation centers on the role of gender and religiosity in judging on five carefully selected socio-legal issues: petitions against the Great Rabbinical Court’s rulings, constitutional disputes in all legal procedures, social welfare cases, and criminal appeals in sex offenses and in drug offenses. The results lend support to social background theory with regard to gender and are consistent with the representing approach with respect to religiosity. I further discuss the limitations and policy implications of the findings.

Author(s):  
Henrik Mouritsen

While manumission has been practised in almost all slave societies the Romans appear to have freed their slaves with unparalleled frequency. The chapter looks at three aspects of Roman manumission: the status of freedmen, the Augustan reforms of manumission and the legal discourse on freedmen under the Empire. It is suggested that the background for the Roman practice of enfranchising former slaves should be sought in the social and legal structures of early Rome, which delegated many “state” functions to the heads of households. The enfranchisement of freedmen was compatible with the political structures of the Republic, but in response to changes to the Roman citizenship the first emperor introduced a new legal framework, which remained until late Antiquity. The details of this framework were refined over the following centuries, as jurists explored a wide range of complex legal issues associated with manumission and the place of freedmen in society.


1970 ◽  
pp. 353-372
Author(s):  
Joanna Rajewska de Mezer

This article raises the problem of the need to equip a social worker with knowledge concerning legal issues useful in assistance activities. Professional knowledge of selected legal problems is necessary in the face of still emerging new situations that create dysfunction for collective life and cause inability in overcoming difficultiesby using their own capabilities, competences and resources. Work aimed at supporting and activating a social welfare beneficiaryrequire from a social worker a wide interdisciplinary knowledge, including familiarity with various fieldsof law. Knowledge in the fieldof substantive (social law, family law) and procedural law used during work with a beneficiaryal-lows a social worker to conduct the assistance process more effectively. The law-realted problems faced by the social worker who performs statutory tasks are connected to the extent of the regulated problems, constant changeability of legal regulations, their interpretative ambiguity, the necessity of using judicial decisions. It requires appropriate, methodical and purposeful action in the process of educating social workers, which influences theexpected efficiency of theirwork and a sense of safety from a formal point of view.


2014 ◽  
Vol 116 (11) ◽  
pp. 1-22 ◽  
Author(s):  
Kenneth J. Gergen ◽  
Ezekiel J. Dixon-Román

Background/Context The assessment of students, along with teachers and school systems, has largely taken place within a context of positivist science. An enormous range of scholarship now challenges the positivist paradigm, offering a social espistemological alternative. This alternative invites a reexamination of assessment processes and their policy implications. Purpose/Objective After sketching out the social constructionist alternative to positivist epistemology, the research centered on the pragmatics of existing assessment practices, including an analysis of who is helped or harmed but such practices. Setting The research included extended across a wide range of contemporary educational settings. Research Design The research was primarily analytic, drawing from wide-ranging sources in education and allied disciplines. Conclusions/Recommendations Among the general outcomes of current assessment practices are the fostering of social division and distrust, the creation of hierarchies of worth, and the diminution of pluralism. Within educational systems we find a sacrifice of curriculum and pedagogy for the production of higher test scores, and the diminution of teacher motivation and engagement. Within communities, there is a disregard for local needs and values, a loss in student motivation, and an increase in family tensions. Possible alternatives to current testing practices, along with recommendations for future policies, are considered.


New Medit ◽  
2021 ◽  
Vol 20 (3) ◽  
Author(s):  

In recent years, as global food chains have expanded, a wide range of terms has been used in the academic, political, technical or social debate to illustrate innovative re-organisation of food supply chains aiming at re-connecting producers and consumers and re-localising agricultural and food production. These include short supply chains, alternative food networks, local farming systems and direct sales. This paper presents a research carried out during the SMARTCHAIN project (Horizon project within the research line “Innovative agro-food chains: unlocking the potential for competitiveness and sustainability”). The research aims at iden-tifying an assessment model for grasping the level of social innovation in Short Food Supply Chain (SFSC) taking into consideration the social and sustainability indicators. A specific tool, the Social Innovation Assess-ment Template (SIAT) was created for this purpose. The SIAT investigates five dimensions of SFSC: economic, environmental, socio-cultural, governance and influence (positive impact on other sectors & stakeholders) dimensions. The assessment has been tested in 9 European countries and 16th case studies. The findings show both managerial implications for the SFSC and policy implications for strengthening the SFSC ecosystem.


1959 ◽  
Vol 9 ◽  
pp. 51-79
Author(s):  
K. Edwards

During the last twenty or twenty-five years medieval historians have been much interested in the composition of the English episcopate. A number of studies of it have been published on periods ranging from the eleventh to the fifteenth and early sixteenth centuries. A further paper might well seem superfluous. My reason for offering one is that most previous writers have concentrated on analysing the professional circles from which the bishops were drawn, and suggesting the influences which their early careers as royal clerks, university masters and students, secular or regular clergy, may have had on their later work as bishops. They have shown comparatively little interest in their social background and provenance, except for those bishops who belonged to magnate families. Some years ago, when working on the political activities of Edward II's bishops, it seemed to me that social origins, family connexions and provenance might in a number of cases have had at least as much influence on a bishop's attitude to politics as his early career. I there fore collected information about the origins and provenance of these bishops. I now think that a rather more careful and complete study of this subject might throw further light not only on the political history of the reign, but on other problems connected with the character and work of the English episcopate. There is a general impression that in England in the later middle ages the bishops' ties with their dioceses were becoming less close, and that they were normally spending less time in diocesan work than their predecessors in the thirteenth century.


2008 ◽  
Vol 149 (24) ◽  
pp. 1137-1142 ◽  
Author(s):  
Helga Judit Feith ◽  
Zsuzsanna Soósné Kiss ◽  
Ágnes Kovácsné Tóth ◽  
Péter Balázs

Ismereteink szerint ez idáig nem történt olyan átfogó vizsgálat Magyarországon, amely egészségügyi felsőoktatásban tanuló hallgatók szociokulturális hátterét vizsgálta volna. Célkitűzés: Keresztmetszeti kutatásunk fő célkitűzése az volt, hogy megismerjük és elemezzük a leendő orvosnők, diplomás ápolónők és védőnők társadalmi hátterében megmutatkozó különbségeket. Módszer: Jelen kutatásunk orvostanhallgató-nők, valamint egészségügyi főiskolai karon tanuló hallgatónők között készült, a Semmelweis Egyetemen. Összesen 295 hallgatónőt vontunk be a kutatásba, értékelhető választ adott 68,08% ( n = 201). Az eredményeket az SPSS programcsomag segítségével elemeztük, leíró statisztikai megközelítésben. Eredmények: A felmérésben részt vevő hallgatónők számos szociodemográfiai jellemzőjében meghatározó különbséget tapasztaltunk. Az orvostanhallgató-nők nagyobb hányada diplomás szülők gyermeke, ugyanakkor a főiskolai szintű képzésben részt vevő hallgatónők esetében ennek jóval kisebb az esélye. Nem találtunk ugyan statisztikailag alátámasztható különbséget a három hallgatói csoport családi állapotában, de megállapítható, hogy kevesebb diplomásápoló-hallgatónő volt férjezett, illetve élt élettársi kapcsolatban. Következtetések: A főiskolai hallgatónők, valamint az orvostanhallgatók szociokulturális hátterében megmutatkozó különbségek, az ebből következő társadalmi hátrányok nagyobb mértékben sújtják az ápoló- és védőnőhallgatókat, mint az orvostanhallgató-nőket.


2001 ◽  
Vol 40 (1) ◽  
pp. 71-74
Author(s):  
Attiya Y. Javed

The economic reform process began in India in 1991. However, the reform agenda is still far from its goals as is evident from low per capita income. Thus, this reform effort has not produced the desired outcome of a faster rate of economic and social development in a meaningful way. It is the premise of this volume that to transform the social and economic landscape, the proposed reforms should be broadbased and multi-pronged which take into account incentives for the stockholders in both the private and public sectors. The institutions are the rules that govern economy and include the fundamental legal, political, and social rules that establish the basis for production, exchange, and distribution. The two editors of this volume have received contributions from a number of authors and the wide range of papers are grouped under five main headings: political economy of reforms, reforming public goods delivery, reform issues in agriculture and rural governance, and reforming the district and financial sector.


1997 ◽  
Vol 36 (8-9) ◽  
pp. 373-377
Author(s):  
Yuzo Akagawa ◽  
Yasutoshi Matsumoto ◽  
Mitsuyoshi Zaizen

This report describes runoff control facilities (five years after construction) which are basically an athletic field consisting of tennis courts, constructed in an area of about four hectares in Tokyo. The report is divided into three parts. The first part deals with the social background of the fact that the athletic field has come to have runoff control functions. The second part concerns the summary of these facilities, and then the last part relates to the effects of runoff control. Concerning the effects of the facilities, the return period of design rainfall for runoff control facilities is ten years, but stormwater has been stored on the tennis courts twice in five years after construction. Though these two cases of rainfall were very extraordinary, as the outcome of the inspection of the runoff control facilities we were able to confirm the effects of runoff control by means of simulating under the condition of those two cases of rainfall. In addition, we were able to confirm the effect of groundwater cultivation by means of researching the transition of the groundwater table.


2011 ◽  
Vol 1 (2) ◽  
pp. 46-58
Author(s):  
Jiří Semrád ◽  
Milan Škrabal

The paper deals with issues connected with the motivation of high school students to participate in activities aimed at professional creative activity and, in this context, issues of environmental influences, especially from school and the family. It is responding to some of the growing efforts of neoliberalism to over individualize creative expression and activities and completely ignore social influences. It also takes into account the cultural legacy of past generations and the sources of creative power that have taken root in society and from which individuals draw and process their inspiration. Presented within are the results of an empirical probe focused on the influence of the social environment on the creative activity of teenagers. The paper follows the relations to the existing body of knowledge on the relationship between social environment and creativity, with an effort to capture the social conditionality of creative performances—to capture their roots. The results of the probe have confirmed the initial hypothesis that the creative efforts of secondary school students taking part in vocational training is based on the social background of the family and school. However, the family influence on the students’ creativity is not as significant as one would expect. It is the indirect effect of the family environment that has a larger influence.


Author(s):  
Nisha P R

Jumbos and Jumping Devils is an original and pioneering exploration of not only the social history of the subcontinent but also of performance and popular culture. The domain of analysis is entirely novel and opens up a bolder approach of laying a new field of historical enquiry of South Asia. Trawling through an extraordinary set of sources such as colonial and post-colonial records, newspaper reports, unpublished autobiographies, private papers, photographs, and oral interviews, the author brings out a fascinating account of the transnational landscape of physical cultures, human and animal performers, and the circus industry. This book should be of interest to a wide range of readers from history, sociology, anthropology, and cultural studies to analysts of history of performance and sports in the subcontinent.


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