823 resultados para Legal Sociology


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This paper will first deal with the legal and social situation of Islam and Muslims in Austria and then turn to particular “troublesome issues” at the intersection of gender equality and ethnic/religious diversity. The public debate on Muslims particularly focuses on the notion “not willing to integrate” and in the assumption of “parallel societies”. Hierarchical gender relations and “harmful traditions” such as veiling, female genital cutting, forced marriage and honour based violence recently became the centre of attention. We will show that the Austrian debate on these issues is shaped by the idea of “dangerous cultural difference” as something coming from outside and being concentrated in segregated Muslim enclaves. Despite the public authorities’ rejection of the idea that Islam was responsible for “harmful traditions”, legal as well as political measures in Austria not only combat violence against women but also fuel “cultural anxieties” between different ethnic and religious groups.

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Digital game environments are of increasing economic, social and cultural value. As their influence on diverse facets of life grows, states have felt compelled to intervene and secure some public interests. Yet, the contours of a comprehensive governance model are far from recognisable and governments are grappling with the complexity and fluidity of online games and virtual worlds as private spaces and as experimentation fields for creativity and innovation. This book contributes to a more comprehensive and fine-grained understanding of digital game environments, which is a precondition for addressing any of the pressing governance questions posed. Particular attention is given to the concept and policy objective of cultural diversity, which also offers a unique entry point into the discussion of the appropriate legal regulation of digital games. Governance of Digital Game Environments and Cultural Diversity will be of interest to researchers of media law, internet law and governance, cultural studies, anthropology and sociology. As the book addresses a highly topical theme, it will attract the attention of policymakers at national, regional and international levels and will also serve as a great resource tool for scholars in new media and, in particular, digital games and virtual worlds.

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Purpose This paper furthers the analysis of patterns regulating capitalist accumulation based on a historical anthropology of economic activities revolving around and within the Mauritian Export Processing Zone (EPZ). Design/methodology/approach This paper uses fieldwork in Mauritius to interrogate and critique two important concepts in contemporary social theory – “embeddedness” and “the informal economy.” These are viewed in the wider frame of social anthropology’s engagement with (neoliberal) capitalism. Findings A process-oriented revision of Polanyi’s work on embeddedness and the “double movement” is proposed to help us situate EPZs within ongoing power struggles found throughout the history of capitalism. This helps us to challenge the notion of economic informality as supplied by Hart and others. Social implications Scholars and policymakers have tended to see economic informality as a force from below, able to disrupt the legal-rational nature of capitalism as practiced from on high. Similarly, there is a view that a precapitalist embeddedness, a “human economy,” has many good things to offer. However, this paper shows that the practices of the state and multinational capitalism, in EPZs and elsewhere, exactly match the practices that are envisioned as the cure to the pitfalls of capitalism. Value of the paper Setting aside the formal-informal distinction in favor of a process-oriented analysis of embeddedness allows us better to understand the shifting struggles among the state, capital, and labor.

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by W. M. Feldman. With an introd. by Sir James Crichton-Browne

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The core issues comparative territorial politics addresses are how and why territory is used to delimit, maintain, or create political power; and with what kind of consequences for efficiency (output) and legitimacy (input). The aim of this article is to integrate various research strands into the comparative study of territorial politics, with federal studies at its core. As an example of a conceptual payoff, ‘political territoriality’ refers the observer to three dimensions of the strategic use of areal boundaries for political power. By focusing on territory as a key variable of political systems, the actors, processes and institutions are first analytically separated and continuously measured, enhancing internal validity, and then theoretically integrated, which allows more valid external inferences than classic, legal-institutionalist federal studies. After discussing the boundaries and substance of comparative territorial politics as a federal discipline, political territoriality is developed towards an analytical framework applicable to politics at any governmental level. The claims are modest: political territoriality does not serve so much as an explanatory concept as rather an ‘attention-directing device’ for federal studies.

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Die Zukunft der Ethnologie liegt in einer Perspektive der Tragödie. Mit dem Begriff der Tragödie soll eine gesellschaftstheoretische Perspektive entwickelt werden, die Mikroanalysen der Verflechtung, der Entkoppelungsprozesse, der Konstitution von Figurationen, und das kontingente Zusammenfallen unterschiedlicher Handlungslogiken in Situationen erfasst. Die Tragödie behandelt die tragische Kollision von unvereinbaren Positionen; sie handelt von den Dilemmata, und vom Ineinanderwirken verflochtener aber eventuell widersprüchlicher Handlungen, die ihren eigenen Logiken, Zielsetzungen und Wertigkeiten folgen und in der Summe etwas anderes produzieren, als sie intendieren. Die Ethnologie ist prädestiniert für die Untersuchung solcher Verkettungen, weil diese nur in Mikroanalysen, in denen alle Phasen/Stationen/Interaktionen solcher Prozesse in den Blick kommen, sichtbar sind, Mikroanalysen freilich, die sich als Mikroanalysen der Konstitution eines Makrozusammenhangs verstehen. Damit wird ein Kritikbegriff möglich, der nicht Absichten, nicht „Gesinnungen“, sondern Konsequenzen in den Blick nimmt (ohne die Relevanz von Gesinnungen zu negieren), und der Zusammenhänge in Hinblick auf die Verkettung von Entscheidungsprozessen und deren polyvalenten Orientierungen befragt – und somit auch die möglichen Alternativen, die zu bestimmten Punkten im Prozess tatsächlich möglich waren.

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This article examines the legal evolution of Chile's trade policy, starting on the second half of the twentieth century until today, with special emphasis on international treaties.

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This article reviews the minefield of Muslim integration in Europe, paying special attention to the legal integration of Islam, which has not yet found the attention that it deserves. In a first step, the article contrasts ‘victimist’ and ‘alarmist’ views on contemporary Muslim integration, both of which are found misleading. Instead, as argued in the second part, significant progress has been made through the legal route. The conclusion provides a reflection on the role of Islam for Europe’s ‘liberal identity’ today.

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This paper is about young migrants without chance of being granted legal residence status in the Schengen zone. Previous observations suggest that some migrants, whose country of origin leaves them with low chances of receiving asylum or in fact any type of residence permit, exhibit a highly complex migration pattern that is characterised by 1) durable “transit” across Europe, which is a multi-linear movement according to opportunities that open up along the journey; 2) a high degree of flexibility, as they have to respond to suddenly changing conditions, such as work opportunities, rejection of asylum claims, detention or deportation, and 3) switching between different legal statuses, such as asylum seeker, sans papiers or detainee. The experiences of these young adults thus show a deep ambivalence between a sense of autonomy, on the one hand, and of profound hope and powerlessness, on the other. The Dublin Convention intends to limit such a hypermobility of migrants but seems to fail in many cases. Simultaneously it provokes some of the movements by sending asylum seekers and irregular migrants back to their first country of arrivals. Given the fact that little is known about these fragmented journeys inside of the Schengen area, this ethnographic study produces novel data on a highly pertinent migration pattern, the impact of the European migration management on individual migrants as well as the inter-relatedness of the asylum regime and irregular migration in Europe. At the same time these fragmented journeys are an excellent example to discuss mobility as a resource on the one hand (since it enables this specific migrant group to extend their presence in Europe) and as a handicap on the other (since it impedes the building of stable social networks, the planning of the future, etc.).

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The attribution of responsibility in world society is increasingly a field of contestation. On the one hand, the perception of causal and moral links reaching far in space and time are ever more explicitly pronounced; on the other hand, the very complexity of these links often engenders a fragmentation of responsibility both in law (Veitch 2007) as well as in moral commitment. Moreover, those institutions of legal responsibility attempting to reflect some of these interrelations are often criticised as insufficient by those who follow alternative narratives of causation and moral community. Current institutions of responsibility in law appear to abstract from what could be called enabling contexts; they perform their cuts in the chains of enabling interactions at very brief intervals (Strathern 2001). The result is often “organised irresponsibility” (Veitch 2007; Beck 1996), producing appeals to a global community of concern in time and space without corresponding obligatory commitments. This talk explores alternative conceptualisations of responsibility, and enquires into their notion of the person, their temporal and socio-spatial dimensions, and their notion of liability.

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