sociological perspective
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2022 ◽  
pp. 092405192110724
Author(s):  
Martin Faix ◽  
Ayyoub Jamali

Employing a sociological perspective on the law, this study explores instances of resistance against the African Court on Human and Peoples’ Rights, the African Union’s continental human rights judicial body. This approach allows us to examine different forms of resistance that might not necessarily be of a legal character, but which may still have profound implications for the Court’s authority, legitimacy, and operation. Accordingly, the article identifies two forms of resistance against the African Court: ‘pushback’ and ‘backlash’. The former refers to an ordinary form of critique directed against the overall development of an international court, while the latter is understood as an extraordinary form of critique that puts the fundamental authority of a court at stake. While pushback was mainly seen in the early stages of the Court’s establishment, backlash started to emerge following its ground-breaking judgments that caused heated debates on controversial topics. This article concludes that based on the identified and analysed forms of resistance, it is doubtful that the African Court can maintain and fulfil the purpose for which it was established: the protection and promotion of human rights in Africa.


2022 ◽  
pp. 117-139
Author(s):  
Melissa Swauger ◽  
Kay Snyder ◽  
Thomas Nowak ◽  
Marci Cottingham

2022 ◽  
Author(s):  
Ulrike Fettke

Given the key role of municipalities in the transformation of the energy system and observing the increased occurrence of conflicts about the construction of renewable energy plants, the author analyses conflicts relating to renewable energy plants from a sociological perspective. For this purpose, she undertakes three case studies on the construction of biogas and wind power plants, focusing in particular on the parties involved in the conflicts and their positions, perceptions, actions and potency. She shows that the conflicting parties were either in favour of the construction of the plants or advocated the preservation of the sites on which the plants were proposed to be built.


2021 ◽  
Vol 5 (4) ◽  
pp. 41-60
Author(s):  
KATARZYNA SUWADA

The aim of this paper is to analyze four reforms introduced in the Polish family system in the 2010s. The reforms were introduced as an answer to a problem of very low fertility rates, as well as instruments helping women in achieving their work-life balance. The reforms are analyzed here in terms of their (de)genderization effects on Polish mothers and fathers. The use of a genderization-degenderization axis shows that the gendered division of domestic and care work is not challenged by the reforms, but it is rather reinforced by them. It is also doubtful if the reforms will manage to reverse current demographic trends.


2021 ◽  
Vol specjalny (XXI) ◽  
pp. 729-740
Author(s):  
Katarzyna Szlachta-Kisiel

Determining the protective function of the norms of the pre-trial procedure in cases of pension and retirement benefits based on the aim and scope of the norms is not only possible but also necessary for a wider understanding of social insurance. The legal and teleological context plays the role of a determinant of the aim of a legal norm desired by the legislator and allows for the indication of exemplary institutions which, established by the legislator, perform a protective function. When norms are being examined through the prism of the psychological theory of law they show that social security law is a psychological phenomenon and should be subjected to a multidimensional study that will reveal the intended aim of the legislator. The protective function is also performed by a specific procedure model with the precisely defined boundaries of the function. From the sociological perspective, an undesirable goal is also important, unintended by the legislator, which is caused by the norms fulfilling the protective function, and which is visible from the conducted analysis.


Intersections ◽  
2021 ◽  
Vol 7 (3) ◽  
pp. 36-59
Author(s):  
Domonkos Sik ◽  
Ildikó Zakariás

Despite its central importance, solidarity is seldom analysed in a comprehensive manner. The majority of related studies target only specific aspects of its complex mechanisms, such as the functioning of redistributive systems; the related values; the private networks of care; or the civil society. Our study aims at providing a comprehensive analysis by understanding solidarity as a field in Bourdieu’s sense: it involves supportive interactions; competition for the related symbolic capital; illusions providing legitimate frames of deservingness and respectability; and divergent habitus depending on the broader structural position. In order to understand the contemporary solidarity field of Hungary, these dimensions are mapped in parallel: types of problems and needs; sources of received support; the problematic aspects of support; types of support provided to family members and friends; types of support provided to generalised others constitute the dimensions of a cluster analysis describing the idealtypical positions. These positions are analysed from the perspective of their structural background and the solidarity related attitudes. From a sociological perspective, situations like the pandemic provide unique opportunity for analysing otherwise tacit patterns of solidarity. Beside this opportunity, the pandemic is also used as a comparative framework: in the final section, the changes occurring in the various positions are also overviewed in order to highlight the dynamics of the solidarity field.


2021 ◽  
Vol 19 (2) ◽  
pp. 136
Author(s):  
Maimunah Maimunah ◽  
Abdul Helim ◽  
Noor Aina ◽  
Rabiatul Adawiyah

This research is motivated by many applications for dispensation for Marriage after implementing the latest law related to the age limit for Marriage. This study examines judges' considerations from both normative and social aspects so that this dispensation application can be accepted. This research focuses on 1) how does the Judge review the application for a marriage dispensation after enacting Law Number 16 of 2019 at the Palangkaraya Religious Court? Religion of Palangkaraya?. This empirical research uses a statute approach and Islamic law. The research subjects are 5 (five) judges and 2 (two) informants who are substitute clerks at the Palangkaraya Religious Court. Data were collected through observation, interviews, documentation and analyzed through Islamic Laws and normative. The results of this study indicate that judges in deciding cases of marital dispensation do not only look at the Completeness of the legal administration. But also from a sociological perspective, granting a dispensation application sees aspects of the benefits that must be obtained to avoid more significant damage. The implication is that changes of the law related to marriage dispensation are increasing because it becomes a procedure to complete the marriage administration for underage couples in the provisions of the law.


Author(s):  
Alberto Martín Pérez ◽  
José Antonio Rodríguez Díaz ◽  
José Luis Condom Bosch ◽  
Aitor Domínguez Aguayo

This paper draws up a proposal for analysing discourses on paths to happiness. Recipes promoted by the happiness industry are studied as moral guidelines for social action: imperative messages spread through the Internet seek to guide their recipients in their quest for happiness. In a fielddominated by positive psychology, we approach happiness from a sociological perspective, which is to say as: an institutionalised social discourse; a form of social production; a socially-framed emotion. Research is based on systematic Internet observation and on quantitative and qualitative textual analysis procedures. We show how digital media in the ‘happiness’ field: (a) promotes recipes; (b) provides scientific legitimation for said recipes; (c) focuses on a generic individual as the recipient of the messages and as protagonist. A typology is proposed based on the meaning, nature and object of the actions that lead to happiness. Results show how recipes involve normative and moral orientations of actions and emotions: they indicate what to do and how to think andfeel to be happy. Happiness as a moral obligation involves most concerns shaping the agenda of contemporary societies, with a strong emphasis on individualism and on a utilitarian understanding of social relations and the social environment.


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