Theoretical and Empirical Studies of Rights

Theoretical and Empirical Studies of Rights

Author: Laura Beth Nielsen

Publisher: Routledge

Published: 2017-05-15

Total Pages: 648

ISBN-13: 1351879790

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This important volume examines rights from an inter-disciplinary law and society perspective, beginning with the premise that the most basic functions of rights requires the empirical study of rights consciousness and claiming behavior. As such the volume includes articles and essays by political scientists, historians, lawyers, and sociologists which place the study of ordinary citizens' understandings of rights, and what actions they take based on that knowledge, at the forefront of an empirical research agenda. This has important implications for law's capacity to achieve social change and can lead to better understanding of how rights can and should operate in a social and legal system. The volume is organized around the social movements and political processes which give rise to rights, the processes by which people come to understand they enjoy a right, the decision to invoke the right either formally or informally, and the organizational and institutional constraints and opportunities for exercising rights.


Book Synopsis Theoretical and Empirical Studies of Rights by : Laura Beth Nielsen

Download or read book Theoretical and Empirical Studies of Rights written by Laura Beth Nielsen and published by Routledge. This book was released on 2017-05-15 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important volume examines rights from an inter-disciplinary law and society perspective, beginning with the premise that the most basic functions of rights requires the empirical study of rights consciousness and claiming behavior. As such the volume includes articles and essays by political scientists, historians, lawyers, and sociologists which place the study of ordinary citizens' understandings of rights, and what actions they take based on that knowledge, at the forefront of an empirical research agenda. This has important implications for law's capacity to achieve social change and can lead to better understanding of how rights can and should operate in a social and legal system. The volume is organized around the social movements and political processes which give rise to rights, the processes by which people come to understand they enjoy a right, the decision to invoke the right either formally or informally, and the organizational and institutional constraints and opportunities for exercising rights.

Procedural Justice and Relational Theory

Procedural Justice and Relational Theory

Author: Denise Meyerson

Publisher: Routledge

Published: 2020-10-29

Total Pages: 274

ISBN-13: 1000207668

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This book bridges a scholarly divide between empirical and normative theorizing about procedural justice in the context of relations of power between citizens and the state. Empirical research establishes that people’s understanding of procedural justice is shaped by relational factors. A central premise of this volume is that this research is significant but needs to be complemented by normative theorizing that draws on relational theories of ethics and justice to explain the moral significance of procedures and make normative sense of people’s concerns about relational factors. The chapters in Part 1 provide comprehensive reviews of empirical studies of procedural justice in policing, courts and prisons. Part 2 explores empirical and normative perspectives on procedural justice and legitimacy. Part 3 examines philosophical approaches to procedural justice. Part 4 considers the implications of a relational perspective for the design of procedures in a range of legal contexts. This collection will be of interest to a wide academic readership in philosophy, law, psychology and criminology.


Book Synopsis Procedural Justice and Relational Theory by : Denise Meyerson

Download or read book Procedural Justice and Relational Theory written by Denise Meyerson and published by Routledge. This book was released on 2020-10-29 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book bridges a scholarly divide between empirical and normative theorizing about procedural justice in the context of relations of power between citizens and the state. Empirical research establishes that people’s understanding of procedural justice is shaped by relational factors. A central premise of this volume is that this research is significant but needs to be complemented by normative theorizing that draws on relational theories of ethics and justice to explain the moral significance of procedures and make normative sense of people’s concerns about relational factors. The chapters in Part 1 provide comprehensive reviews of empirical studies of procedural justice in policing, courts and prisons. Part 2 explores empirical and normative perspectives on procedural justice and legitimacy. Part 3 examines philosophical approaches to procedural justice. Part 4 considers the implications of a relational perspective for the design of procedures in a range of legal contexts. This collection will be of interest to a wide academic readership in philosophy, law, psychology and criminology.

Religion, Education and Human Rights

Religion, Education and Human Rights

Author: Anders Sjöborg

Publisher: Springer

Published: 2017-05-08

Total Pages: 212

ISBN-13: 9783319540689

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This book examines the interconnectedness between religion, education, and human rights from an international perspective using an interdisciplinary approach. It deals with compulsory or secondary school education in different contexts, as well as higher education, and has as its common theme the multiplicity of secularisms in different national contexts. Presenting rich cases, the contributions include empirical and theoretical perspectives on how international trends of migration and cultural diversity, as well as judicialization of social and political processes, and rapid religious and social changes come into play as societies find their way in an increasingly diverse context. The book contains chapters that present case studies on how confessional or non-confessional Religious Education (RE) at schools in different societal contexts is related to the concept of universal human rights. It presents cases studies that display an intriguing array of problems that point to the role of religion in the public sphere and show that historical contexts play important and different roles. Other contributions deal with higher education, where one questions how human rights as a concept and as discourse is taught and examines whether withdrawing from certain clinical training when in university education to become a medical doctor or a midwife on the grounds of conscientious objections can be claimed as a human right. From a judicial point of view one chapter discerns the construction of the concept of religion in the Swedish Education Act, in relation to the Swedish constitution as well European legislation. Finally, an empirical study comparing data from young people in six different countries in three continents investigates factors that explain attitudes towards human rights.


Book Synopsis Religion, Education and Human Rights by : Anders Sjöborg

Download or read book Religion, Education and Human Rights written by Anders Sjöborg and published by Springer. This book was released on 2017-05-08 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the interconnectedness between religion, education, and human rights from an international perspective using an interdisciplinary approach. It deals with compulsory or secondary school education in different contexts, as well as higher education, and has as its common theme the multiplicity of secularisms in different national contexts. Presenting rich cases, the contributions include empirical and theoretical perspectives on how international trends of migration and cultural diversity, as well as judicialization of social and political processes, and rapid religious and social changes come into play as societies find their way in an increasingly diverse context. The book contains chapters that present case studies on how confessional or non-confessional Religious Education (RE) at schools in different societal contexts is related to the concept of universal human rights. It presents cases studies that display an intriguing array of problems that point to the role of religion in the public sphere and show that historical contexts play important and different roles. Other contributions deal with higher education, where one questions how human rights as a concept and as discourse is taught and examines whether withdrawing from certain clinical training when in university education to become a medical doctor or a midwife on the grounds of conscientious objections can be claimed as a human right. From a judicial point of view one chapter discerns the construction of the concept of religion in the Swedish Education Act, in relation to the Swedish constitution as well European legislation. Finally, an empirical study comparing data from young people in six different countries in three continents investigates factors that explain attitudes towards human rights.

International Empirical Studies on Religion and Socioeconomic Human Rights

International Empirical Studies on Religion and Socioeconomic Human Rights

Author: Hans-Georg Ziebertz

Publisher: Springer Nature

Published: 2020-03-06

Total Pages: 330

ISBN-13: 3030309347

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Socioeconomic rights include rights with regard to social security, labour and employment, as well as cultural rights which may be regarded as a shield for the protection of human dignity, especially of specific groups, such as women, children and refugees. The enforceability of socioeconomic rights clearly distinguishes them from other rights. These rights need, perhaps more than others, the support of civil society. Because states have leeway in how resources are distributed, civil society has a major impact on what resources are used to fulfil socio-economic rights. One of the actors in the public arena are religious traditions, respective Churches. Most of them have developed ethical standards for individual conduct and rules for living together in society based on their basic scriptures. All three monotheistic religions, Judaism, Christianity, and Islam, are marked by a caring engagement for the poor, the sick, the old and the foreign. From an empirical perspective, the general research question of this volume is how young people understand and evaluate socioeconomic rights and to which degree religious convictions and practices are connected with attitudes towards these human rights. Can religion be identified as a force supporting the human rights regime and which additional concepts strengthen or weaken the consent to these rights? The richness of empirical data contributes to a better understanding how socioeconomic rights are legitimated in the opinion of more than 10.000 respondents in 14 countries.


Book Synopsis International Empirical Studies on Religion and Socioeconomic Human Rights by : Hans-Georg Ziebertz

Download or read book International Empirical Studies on Religion and Socioeconomic Human Rights written by Hans-Georg Ziebertz and published by Springer Nature. This book was released on 2020-03-06 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Socioeconomic rights include rights with regard to social security, labour and employment, as well as cultural rights which may be regarded as a shield for the protection of human dignity, especially of specific groups, such as women, children and refugees. The enforceability of socioeconomic rights clearly distinguishes them from other rights. These rights need, perhaps more than others, the support of civil society. Because states have leeway in how resources are distributed, civil society has a major impact on what resources are used to fulfil socio-economic rights. One of the actors in the public arena are religious traditions, respective Churches. Most of them have developed ethical standards for individual conduct and rules for living together in society based on their basic scriptures. All three monotheistic religions, Judaism, Christianity, and Islam, are marked by a caring engagement for the poor, the sick, the old and the foreign. From an empirical perspective, the general research question of this volume is how young people understand and evaluate socioeconomic rights and to which degree religious convictions and practices are connected with attitudes towards these human rights. Can religion be identified as a force supporting the human rights regime and which additional concepts strengthen or weaken the consent to these rights? The richness of empirical data contributes to a better understanding how socioeconomic rights are legitimated in the opinion of more than 10.000 respondents in 14 countries.

The Concept of Rights

The Concept of Rights

Author: George W. Rainbolt

Publisher: Springer Science & Business Media

Published: 2006-03-09

Total Pages: 284

ISBN-13: 9781402039768

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What does it mean to have a right? Previous answers to this question fall into two groups: interest/benefit theories of rights and choice/will theories. This book proposes an alternative to these traditional views: the justified-constraint theory of rights, which avoids the pitfalls of earlier theories, and solves the puzzle of the relational nature of rights. The analysis shows that this theory applies without modification to past, present and future beings.


Book Synopsis The Concept of Rights by : George W. Rainbolt

Download or read book The Concept of Rights written by George W. Rainbolt and published by Springer Science & Business Media. This book was released on 2006-03-09 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does it mean to have a right? Previous answers to this question fall into two groups: interest/benefit theories of rights and choice/will theories. This book proposes an alternative to these traditional views: the justified-constraint theory of rights, which avoids the pitfalls of earlier theories, and solves the puzzle of the relational nature of rights. The analysis shows that this theory applies without modification to past, present and future beings.

Challenging Ideas

Challenging Ideas

Author: Maren Lytje

Publisher: Cambridge Scholars Publishing

Published: 2016-01-14

Total Pages: 210

ISBN-13: 1443887374

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Challenging Ideas is a selection of articles which address the intersections between theory and empirical research. In general, the contributions to the volume focus on how imaginations of the temporal relationship between past and present might inform theory as well as empirical research. It is divided into two parts, the first of which, Memory, looks at the memory turn in the discipline of history, and includes investigations into the relationship between past and present in the working through of trauma and reflections on the relationship between media memory, collective memory and trauma. The second part of the volume, History looks at the intersections between social science, political theory and the writing of history. This section includes reflections on how the historian’s archival work might inform the construction of social and political theory and explorations of the temporal relationship between past and present at work in the archives. The contributions to this volume encourage historically oriented scholars to approach their work with an active interest in disciplines close to their topic and a reflexive attentiveness to the broader power relations within which they work. They offer different perspectives on the intrinsic relationship between past and present at work in the interactions between theory and empirical research, and thereby give impetus to challenging ideas and to the challenging of ideas in the social sciences and in the humanities.


Book Synopsis Challenging Ideas by : Maren Lytje

Download or read book Challenging Ideas written by Maren Lytje and published by Cambridge Scholars Publishing. This book was released on 2016-01-14 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging Ideas is a selection of articles which address the intersections between theory and empirical research. In general, the contributions to the volume focus on how imaginations of the temporal relationship between past and present might inform theory as well as empirical research. It is divided into two parts, the first of which, Memory, looks at the memory turn in the discipline of history, and includes investigations into the relationship between past and present in the working through of trauma and reflections on the relationship between media memory, collective memory and trauma. The second part of the volume, History looks at the intersections between social science, political theory and the writing of history. This section includes reflections on how the historian’s archival work might inform the construction of social and political theory and explorations of the temporal relationship between past and present at work in the archives. The contributions to this volume encourage historically oriented scholars to approach their work with an active interest in disciplines close to their topic and a reflexive attentiveness to the broader power relations within which they work. They offer different perspectives on the intrinsic relationship between past and present at work in the interactions between theory and empirical research, and thereby give impetus to challenging ideas and to the challenging of ideas in the social sciences and in the humanities.

Religion and Human Rights

Religion and Human Rights

Author: Hans-Georg Ziebertz

Publisher: Springer

Published: 2015-01-13

Total Pages: 206

ISBN-13: 3319097318

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This book examines the relationship between human rights and religiosity. It discusses whether the impact of religiosity on human rights is liberational or suppressive, and sheds light on the direction in which the relationship between religion and human rights is expected to develop. The questions explored in this volume are: Which are the rights that are currently debated or under pressure? What is the position on human rights that churches and religious communities represent? Are there tensions between churches, religious communities and the state? Which rights are especially relevant for young people and which relate to adolescents life-world experiences? Covering 17 countries, the book describes two separate, yet connected studies. The first study presents research by experts from individual countries describing the state of human rights and neuralgic points anticipated in individual societies. The other study presents specific findings on the relationship between these two social phenomena from empirical research in a population of high school students. Studying this particular population allows insights into social trends, value systems and attitudes on human rights, as well as an indication of the likely directions of development, and potential room for intervention.


Book Synopsis Religion and Human Rights by : Hans-Georg Ziebertz

Download or read book Religion and Human Rights written by Hans-Georg Ziebertz and published by Springer. This book was released on 2015-01-13 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the relationship between human rights and religiosity. It discusses whether the impact of religiosity on human rights is liberational or suppressive, and sheds light on the direction in which the relationship between religion and human rights is expected to develop. The questions explored in this volume are: Which are the rights that are currently debated or under pressure? What is the position on human rights that churches and religious communities represent? Are there tensions between churches, religious communities and the state? Which rights are especially relevant for young people and which relate to adolescents life-world experiences? Covering 17 countries, the book describes two separate, yet connected studies. The first study presents research by experts from individual countries describing the state of human rights and neuralgic points anticipated in individual societies. The other study presents specific findings on the relationship between these two social phenomena from empirical research in a population of high school students. Studying this particular population allows insights into social trends, value systems and attitudes on human rights, as well as an indication of the likely directions of development, and potential room for intervention.

The Oxford Handbook of Empirical Legal Research

The Oxford Handbook of Empirical Legal Research

Author: Peter Cane

Publisher: OUP Oxford

Published: 2012-05-17

Total Pages: 1112

ISBN-13: 019163543X

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The empirical study of law, legal systems and legal institutions is widely viewed as one of the most exciting and important intellectual developments in the modern history of legal research. Motivated by a conviction that legal phenomena can and should be understood not only in normative terms but also as social practices of political, economic and ethical significance, empirical legal researchers have used quantitative and qualitative methods to illuminate many aspects of law's meaning, operation and impact. In the 43 chapters of The Oxford Handbook of Empirical Legal Research leading scholars provide accessible and original discussions of the history, aims and methods of empirical research about law, as well as its achievements and potential. The Handbook has three parts. The first deals with the development and institutional context of empirical legal research. The second - and largest - part consists of critical accounts of empirical research on many aspects of the legal world - on criminal law, civil law, public law, regulatory law and international law; on lawyers, judicial institutions, legal procedures and evidence; and on legal pluralism and the public understanding of law. The third part introduces readers to the methods of empirical research, and its place in the law school curriculum.


Book Synopsis The Oxford Handbook of Empirical Legal Research by : Peter Cane

Download or read book The Oxford Handbook of Empirical Legal Research written by Peter Cane and published by OUP Oxford. This book was released on 2012-05-17 with total page 1112 pages. Available in PDF, EPUB and Kindle. Book excerpt: The empirical study of law, legal systems and legal institutions is widely viewed as one of the most exciting and important intellectual developments in the modern history of legal research. Motivated by a conviction that legal phenomena can and should be understood not only in normative terms but also as social practices of political, economic and ethical significance, empirical legal researchers have used quantitative and qualitative methods to illuminate many aspects of law's meaning, operation and impact. In the 43 chapters of The Oxford Handbook of Empirical Legal Research leading scholars provide accessible and original discussions of the history, aims and methods of empirical research about law, as well as its achievements and potential. The Handbook has three parts. The first deals with the development and institutional context of empirical legal research. The second - and largest - part consists of critical accounts of empirical research on many aspects of the legal world - on criminal law, civil law, public law, regulatory law and international law; on lawyers, judicial institutions, legal procedures and evidence; and on legal pluralism and the public understanding of law. The third part introduces readers to the methods of empirical research, and its place in the law school curriculum.

Psychology and Law

Psychology and Law

Author: Neil Brewer

Publisher: Guilford Publications

Published: 2017-02-13

Total Pages: 529

ISBN-13: 1462532349

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From the initial investigation of a crime to the sentencing of an offender, many everyday practices within the criminal justice system involve complex psychological processes. This volume analyzes the processes involved in such tasks as interviewing witnesses, detecting deception, and eliciting eyewitness reports and identification from adults and children. Factors that influence decision making by jurors and judges are examined as well. Throughout, findings from experimental research are translated into clear recommendations for improving the quality of evidence and the fairness of investigative and legal proceedings. The book also addresses salient methodological questions and identifies key directions for future investigation.


Book Synopsis Psychology and Law by : Neil Brewer

Download or read book Psychology and Law written by Neil Brewer and published by Guilford Publications. This book was released on 2017-02-13 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the initial investigation of a crime to the sentencing of an offender, many everyday practices within the criminal justice system involve complex psychological processes. This volume analyzes the processes involved in such tasks as interviewing witnesses, detecting deception, and eliciting eyewitness reports and identification from adults and children. Factors that influence decision making by jurors and judges are examined as well. Throughout, findings from experimental research are translated into clear recommendations for improving the quality of evidence and the fairness of investigative and legal proceedings. The book also addresses salient methodological questions and identifies key directions for future investigation.

Human Capital

Human Capital

Author: Gary S. Becker

Publisher:

Published: 2009

Total Pages: 0

ISBN-13:

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A diverse array of factors may influence both earnings and consumption; however, this work primarily focuses on the impact of investments in human capital upon an individual's potential earnings and psychic income. For this study, investments in human capital include such factors as educational level, on-the-job skills training, health care, migration, and consideration of issues regarding regional prices and income. Taking into account varying cultures and political regimes, the research indicates that economic earnings tend to be positively correlated to education and skill level. Additionally, studies indicate an inverse correlation between education and unemployment. Presents a theoretical overview of the types of human capital and the impact of investment in human capital on earnings and rates of return. Then utilizes empirical data and research to analyze the theoretical issues related to investment in human capital, specifically formal education. Considered are such issues as costs and returns of investments, and social and private gains of individuals. The research compares and contrasts these factors based upon both education and skill level. Areas of future research are identified, including further analysis of issues regarding social gains and differing levels of success across different regions and countries. (AKP).


Book Synopsis Human Capital by : Gary S. Becker

Download or read book Human Capital written by Gary S. Becker and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A diverse array of factors may influence both earnings and consumption; however, this work primarily focuses on the impact of investments in human capital upon an individual's potential earnings and psychic income. For this study, investments in human capital include such factors as educational level, on-the-job skills training, health care, migration, and consideration of issues regarding regional prices and income. Taking into account varying cultures and political regimes, the research indicates that economic earnings tend to be positively correlated to education and skill level. Additionally, studies indicate an inverse correlation between education and unemployment. Presents a theoretical overview of the types of human capital and the impact of investment in human capital on earnings and rates of return. Then utilizes empirical data and research to analyze the theoretical issues related to investment in human capital, specifically formal education. Considered are such issues as costs and returns of investments, and social and private gains of individuals. The research compares and contrasts these factors based upon both education and skill level. Areas of future research are identified, including further analysis of issues regarding social gains and differing levels of success across different regions and countries. (AKP).