Law in Popular Belief

In recent years there has been a significant growth in interest of the so-called “law in context” extending legal studies beyond black letter law. This book looks at the relationship between written law and legal practice. It examines how law is applied in reality and more precisely how law is perceived by the general public in contrast to the legal profession. The authors look at a number of themes that are central to examining ways in which myths about law are formed, and how there is inevitably a constitutive power aspect to this myth making. At the same time they explore to what extent law itself creates and sustains myths. This line of enquiry is taken from a wide range of viewpoints and thus offers a unique approach to the question of relationship between theory and practice. The book critically assesses the public’s level of legal, psychological and social awareness in relation to their knowledge of law and deviant behaviour. This line of enquiry is taken from a wide range of viewpoints and thus offers a unique approach to the question of relationship between theory and practice. The book covers both empirical studies and theoretical engagements in the area of legal understanding and this affords a very comprehensive coverage of the area, and addressing issues of gender and class, as well as considering psychological material. It brings together a range of academics and practitioners and asks questions and address contemporary issues relating to the relationship between law and popular beliefs.

2018 ◽  
Vol 19 (2) ◽  
pp. 407-452 ◽  
Author(s):  
Eugénia Pedro ◽  
João Leitão ◽  
Helena Alves

Purpose The purpose of this paper is to determine the predominant classification of intellectual capital (IC), in terms of components, using the literature of reference on the relationship between IC and performance and considering multi-dimensional analysis axes (MAAs): organisational, regional and national. Design/methodology/approach A systematic literature review (SLR) is presented focussing on empirical studies on IC published in the period 1960-2016. A protocol for action is defined and a research question is raised, gathering data from the databases of: Web of Science, Scopus and Google Scholar. A social network analysis is also provided to determine the type of networks embracing groups, IC individual components and performance type. Findings Of the 777 papers included in the SLR, 189 deal with the relationship between IC and performance. The paper highlights the greater development of empirical studies starting from 2004; the organisational MAA is the most studied. The most frequently used groups of components in studies dealing with IC’s influence on performance corresponds to a triad of human capital; structural (organisational or process) capital; and relational (social or customer) capital, which determine positively the performance of organisations/regions/countries, but their influence is not linear and depends on various factors associated with the context and surrounding environment. Practical implications This study has wide-ranging implications for politicians/governments, managers and academics, providing empirical evidence about the relationships between the components of IC and performance, by MAAs, and a global vision and better understanding of how those IC components have developed and how they are related to performance. Originality/value Due to the high number of references covering a wide range of disciplines and the various dimensions (e.g. organisational, regional and national) that form IC, it becomes fundamental to carry out an SRL and systematise its MAAs to deepen knowledge about what has been discovered/developed in this domain, in terms of empirical studies, in order to situate the topic in a wider theoretical-practical context. The paper is exceptionally wide-ranging, covering the period 1960-2016. It is one of the first clarifying studies on systemisation of the literature on IC, by MAA, and an in-depth study of IC’s impact on the performance of organisations/regions and countries which may serve as a guideline for future studies using the taxonomy proposed.


2020 ◽  
Vol 12 (19) ◽  
pp. 7836 ◽  
Author(s):  
Pihkala Panu

Eco-anxiety and climate anxiety are widely discussed in contemporary media and are subjects of growing research interest. However, there is a lack of research about the definitions and variations of these phenomena. This article analyzes various views of eco-anxiety from a wide range of disciplines. Insights from various anxiety theories are used to discuss empirical studies about forms of eco-anxiety. The article points out that uncertainty, unpredictability, and uncontrollability seem to be important factors in eco-anxiety. Most forms of eco-anxiety appear to be non-clinical, but cases of “pathological” eco-anxiety are also discussed. Other relevant terms and phenomena are scrutinized, such as ecological grief, solastalgia, and ecological trauma. The relationship between studies on eco-anxiety and research about ecological emotions and affect is probed. Eco-anxiety is found to be closely connected to fear and worry, but several disciplines include discussion of its character as existential anxiety. Psychosocial and sociological perspectives point out that social dynamics shape forms of eco-anxiety in profound ways. While paralyzing forms of eco-anxiety emerge as a problem, it is noted that eco-anxiety manifests itself also as “practical anxiety”, which leads to gathering of new information and reassessment of behavior options. This variety of forms of eco-anxiety should be taken into account in healthcare and public discussion.


1997 ◽  
Vol 17 (1) ◽  
pp. 25-47 ◽  
Author(s):  
Keh-Chung Lin ◽  
Ching-Yi Wu ◽  
Linda Tickle-Degnen ◽  
Wendy Coster

Occupation or purposeful activity is the unique historical root of occupational therapy and is thought to enhance health and prevent disability. Nelson's (1988) recent conceptual framework of occupation consolidates the beliefs of occupational therapy. One focus for empirical research and theoretical inquiry is the relationship between occupational form and occupational performance. This article critically analyzes this important part of the Nelson model and meta-analytically summarizes findings of the empirical studies that have examined this relationship. Results of the meta-analysis showed a substantial relationship of occupational form to occupational performance (weighted mean effect size r=0.50) in support of the proposition of the Nelson model that occupation can be analyzed in terms of the relationship between occupational form and occupational performance. The impact of potential moderators on the study findings is explored. Implications for occupational therapy theory and practice are discussed.


2018 ◽  
Vol 25 (4) ◽  
pp. 427-466
Author(s):  
Norbert Oberauer

AbstractThe present study examines the conception of money in classical Islamic law, specifically the relationship between scholarly discourses on money and actual economic practice. I shall argue that the theoretical concept of money was to some extent a fiction. Muslim jurists conceived of money in terms of a three-tier currency system that involved gold dinars, silver dirhams and copper fulūs. The market was much more complex. A wide range of coins of various metallic content, weight and value circulated. In the first part of the study I describe the complexity of Islamic money markets. In the second part, I investigate how scholars reacted to the gap between theory and practice and posit some tentative conclusions about the relationship between Islamic law and practice.


1996 ◽  
Vol 59 (1) ◽  
pp. 2-6 ◽  
Author(s):  
Greg Kelly

Recently, there has been renewed interest in the relationship between feminism and occupational therapy, but does occupational therapy continue to operate on the feminine principle which underlies the philosophical basis of the profession? There is a strong tendency by some occupational therapists to emulate the masculine principle which drives the medical model but this, in fact, places occupational therapy at a disadvantage in the prevailing male culture. Drawing on a wide range of recent literature related to education, professionalism, management, research, clinical reasoning and complementary therapies, this article argues that the feminine principle is very much alive in the theory and practice of occupational therapy today.


Author(s):  
Marina A. Krylova

The article presents theoretical and empirical studies of cognitive and stylistic characteristics of a person and their connection with the regulation of activity (coping behaviour, mechanisms of psychological protection). The problem of mental representation of a difficult life situation is raised. It is said that the link between the cognitive and stylistic characteristics of the individual and coping, protective mechanisms, is the assessment of the situation, its mental representation. The paper describes the results of a study of a narrow vs wide range of equivalence, assessment by representatives of different cognitive poles of difficult life situations, the relationship with coping and psychological defences. Significant differences in the regulation of personal activity in a problem situation are revealed. Thus, respondents with a wide range of equivalence (n=32) are more likely to resort to coping strategies such as Escape-Avoidance, Distancing and Confrontational coping. In defence mechanisms, they prefer Substitution, Reactive formations, and Displacement. In assessments of the situation, they are less likely to give such characteristics: Good, Full, Bright. It is also statistically proven that there are a small number of relationships in this group between the assessment of the situation and the regulation of activity. It is concluded that respondents with a narrow range of equivalence (n=38) give a more diverse assessment of a difficult life situation, which does not always contribute to a quick solution of the problem.


Author(s):  
Neal M. Krause

The literature on the relationship between religion and health is vast, but it is in a state of disarray. One empirical study has been piled upon another, while little effort has been made to integrate them into a more tightly knit theoretical whole. This book was designed to address this problem. It is the product of 40 years of empirical research, hundreds of peer-reviewed publications, and countless hours of deep reflection. This volume contributes to the literature in three ways: (1) a unique approach to theory construction and model development is presented that is designed to produce a conceptual scheme that is evidence based and empirically verifiable; (2) a new construct—communities of faith—that has largely been overlooked in empirical studies on religion is introduced; and (3) the need is highlighted for a no-holds-barred discussion of how to practice one’s research craft.


The concept of epistasis was introduced into evolutionary theory more than a hundred years ago. Its history is marked by controversies regarding its importance for the evolutionary process, as exemplified by the debate between Ronald Fisher and Sewall Wright in the wake of the modern synthesis. In this case the disagreement was about the shape of the adaptive landscape, which is determined by epistasis. Wright believed that epistasis causes the adaptive landscape to be rugged with many local peaks, whereas Fisher viewed evolution as a smooth, steady progression toward a unique optimum. Even today, the different meanings attributed to epistasis continue to spawn confusion. Nevertheless, a consensus is emerging, according to which the term should be used to designate interactions between genetic effects on phenotypes in the broadest sense. Stated differently, in the presence of epistasis the phenotypic effects of a gene depend on its genetic context. In evolutionary theory the phenotype of primary interest is organismal fitness, but principally the concept applies to any genotype-phenotype map. Reflecting the Fisherian view, throughout the 20th century epistasis was often considered to be a residual perturbation on the main effects of individual genes. Following the advent of sequencing techniques providing insights into the molecular basis of genotype-phenotype maps, over the past two decades it has become clear, however, that epistasis is the rule rather than an exception. This has motivated a large number of empirical studies exploring the patterns and evolutionary consequences of epistasis across a wide range of scales of organismal and genomic complexity. Correspondingly, mathematical and computational tools have been developed for the analysis of experimental data, and models have been constructed to elucidate the mechanistic and statistical origins of genetic interactions. Despite a certain inherent vagueness, the concept takes center stage in modern evolutionary thought as a framework for organizing the accumulating understanding of the relationship among genotype, phenotype, and organism.


1996 ◽  
Vol 3 (1) ◽  
pp. 1-12 ◽  
Author(s):  
Michael Thung

AbstractIn this article, based on recent research undertaken in the collection of Arabic papyri of the Austrian National Library in Vienna (Papyrus Erzherzog Rainer), I discuss four unpublished documents discovered in Egypt, all written obligations (adhkār ḥuqūq) dating from the second half of the 2nd/8th century to the first half of the 4th/10th century. These documents provide important documentary evidence for early Islamic legal practice. By comparing the legal content of the documents with the contract formularies used by the ḥanafī jurist al-Ṭaḥāwī (d. 321/933) in his Kitāb adhkār al-ḥuqūq, I investigate the relationship between theory and practice in Islamic Law.


2018 ◽  
Vol 17 (3) ◽  
pp. 277-313 ◽  
Author(s):  
Jae Young Lee ◽  
Yunsoo Lee

Although work design is a significant theoretical foundation of human resource development (HRD), it has garnered little attention from researchers in the HRD field. To help remedy this oversight, we review job crafting, which is one of the most recent and significant work design theories. After reviewing 28 empirical studies examining the relationship between job crafting and performance, we discuss future research possibilities and implications for HRD theory and practice. As job crafting has been shown to have a positive relationship with performance, we encourage HRD researchers and practitioners to extend their understanding and application of job crafting.


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