Social science in Supreme Court criminal cases and briefs: The actual and potential contribution of social scientists as amici curiae.

1990 ◽  
Vol 14 (1) ◽  
pp. 25-42 ◽  
Author(s):  
James R. Acker
Keyword(s):  
Social Science ◽  
Supreme Court ◽  
Potential Contribution ◽  
Criminal Cases ◽  
Social Scientists

Whither Campaign Finance Jurisprudence?

2021 ◽  
pp. 133-138
Author(s):  
Daron R. Shaw ◽  
Brian E. Roberts ◽  
Mijeong Baek
Keyword(s):  
Social Science ◽  
Supreme Court ◽  
Free Speech ◽  
The Political ◽  
Court Decisions ◽  
Social Scientists ◽  
Political Policy ◽  
The Supreme Court ◽  
And Behavior

Chapter 7 offers a discussion of the main results and a consideration of the political, policy, and jurisprudential implications of the study. It deliberates what happens in instances like this—when the Supreme Court fosters the construction of an entire edifice of laws and regulations that limit a fundamental right (free speech) based on an erroneous set of assumptions about political opinion and behavior. The role of social science in court decisions—particularly in the context of informing behavioral assumptions—is emphasized, along with a particular call for social scientists to investigate further the Buckley Court’s model.

scholarly journals Turning on the tap: the benefits of using ‘real-life’ vignettes in qualitative research interviews

2019 ◽  
Vol 20 (1) ◽  
pp. 56-72 ◽  
Author(s):  
Helen Sampson ◽  
Idar Alfred Johannessen
Keyword(s):  
Qualitative Research ◽  
Social Science ◽  
Research Methods ◽  
Research Design ◽  
Real Life ◽  
Future Research ◽  
Potential Contribution ◽  
Research Projects ◽  
Social Scientists ◽  
Research Interviews

The use of vignettes that are based upon fictionalised accounts is well-established in contemporary social science. Vignettes have been used in a variety of ways to contribute to studies with both a quantitative and a qualitative orientation. This paper reflects on two recent qualitative studies which have made innovative use of ‘real-life’ vignettes. In each case, the paper describes some of the unanticipated and overlapping benefits that accrued from their incorporation into the research design and reflects on the advantages that ‘real-life’ vignettes might bring to future research. Drawing on two different research projects, the paper highlights the further potential contribution of ‘real-life’ vignettes to the repertoire of research methods currently available to social scientists.

From the Field to the Courthouse: Should Social Science Research Be Privileged?

1999 ◽  
Vol 24 (04) ◽  
pp. 927-965 ◽  
Author(s):  
Robert H. McLaughlin
Keyword(s):  
Social Science ◽  
Common Law ◽  
Social Science Research ◽  
Legal Protection ◽  
Science Research ◽  
Federal Courts ◽  
Criminal Cases ◽  
Social Scientists ◽  
Legal Proceedings ◽  
The Government

Social scientists need clarification about the extent to which the confidential aspects of their research are protected from compulsory disclosure in legal proceedings, and the extent to which they ought to be. Investigating the nature of social science research with an emphasis on researcher-participant relationships in ethnographic practice, I conclude that a qualified privilege would confer three major benefits on social science researchers: confidence that the government will not unnecessarily interfere with research, facilitation of improved researcher-participant relationships, and increased accuracy, thoroughness, and reliability of research data. I also discuss the development of privilege and confidentiality issues in practical research contexts through an examination of two criminal cases in which social science researchers refused to divulge the confidential information obtained in the course of research. Finally, I discuss the possible formulations of a scholarly research privilege. This is especially important because courts have cast social scientists as members of the larger community of academic or scholarly researchers with respect to these issues. Potential sources of protection include state journalist protection laws, federal common law, and federal statutory law. Evaluation of these sources and the case law to which they correspond suggests that developing common law privileges in state and federal jurisprudence is the most promising means of affording the confidential aspects of social science research legal protection. As researchers continue to press privilege issues in state and federal courts, these courts should recognize a qualified research privilege accordingly.

scholarly journals Does increased interdisciplinary contact among hard and social scientists help or hinder interdisciplinary research?

2019 ◽  
Author(s):  
Karolina Urbanska ◽  
Sylvie Huet ◽  
Serge Guimond
Keyword(s):  
Social Science ◽  
Ingroup Bias ◽  
Potential Contribution ◽  
High Status ◽  
Social Scientists ◽  
Global Issues ◽  
Interdisciplinary Collaborations ◽  
Research Questions ◽  
The Impact ◽  
Science Disciplines

Scientists across disciplines must often work together to address pressing global issues facing our societies. For interdisciplinary projects to flourish, scientists must recognise the potential contribution of other disciplines in answering key research questions. Recent research suggested that social sciences may be appreciated less than hard sciences overall. Building on the extensive evidence of ingroup bias and ethnocentrism in intergroup relations, however, one could also expect scientists, especially those belonging to high status disciplines, to play down the contributions of other disciplines to important research questions. The focus of the present research was to investigate how hard and social scientists perceive one another and the impact of interdisciplinary collaborations on these perceptions. We surveyed 280 scientists at Wave 1 and with 129 of them followed up at Wave 2 to establish how ongoing interdisciplinary collaborations underpinned perceptions of other disciplines. Based on Wave 1 data, scientists who report having interdisciplinary experiences more frequently are also more likely to recognise the intellectual contribution of other disciplines and perceive more commonalities with them. However, in line with the intergroup bias literature, group membership in the more prestigious hard sciences is related to a stronger tendency to downplay the intellectual contribution of social science disciplines compared to other hard science disciplines. This bias was not present among social scientists who produced very similar evaluation of contribution of hard and social science disciplines. Finally, using both waves of the survey, the social network comparison of discipline pairs shows that asymmetries in the evaluation of other disciplines are only present among discipline pairs that do not have any experience of collaborating with one another. These results point to the need for policies that incentivise new collaborations between hard and social scientists and foster interdisciplinary contact. Data and supplementary materials [DOI: https://doi.org/10.17605/OSF.IO/YNERZ].

Reflections on Local Population Studies and Social Science History

2018 ◽  
pp. 43-51
Author(s):  
Osamu Saito
Keyword(s):  
Social Science ◽  
Population Studies ◽  
Local Population ◽  
Local Source ◽  
Personal Reflection ◽  
Social Scientists ◽  
Science History ◽  
Social Science History ◽  
The Relationship ◽  
Source Materials

This personal reflection of more than 40 years' work on the supply of labour in a household context discusses the relationship between social science history (the application to historical phenomena of the tools developed by social scientists) and local population studies. The paper concludes that historians working on local source materials can give something new back to social scientists and social science historians, urging them to remake their tools.

ISLAMIC SOCIAL SCIENCES

1988 ◽  
Vol 5 (2) ◽  
Author(s):  
Mona Abul Fadl
Keyword(s):  
Social Sciences ◽  
Social Science ◽  
Belief Systems ◽  
Social Scientists ◽  
Social Foundations ◽  
Body Of Knowledge ◽  
Human Value ◽  
The Social ◽  
Western Values ◽  
Culture Brokers

The need for a relevant and instrumental body of knowledge that can secure the taskof historical reconstruction in Muslim societies originally inspired the da’wa for the Islamizationof knowledge. The immediate targets for this da’wa were the social sciences for obvious reasons.Their field directly impinges on the organization of human societies and as such carries intothe area of human value and belief systems. The fact that such a body of knowledge alreadyexisted and that the norms for its disciplined pursuit were assumed in the dominant practiceconfronted Muslim scholars with the context for addressing the issues at stake. How relevantwas current social science to Muslim needs and aspirations? Could it, in its present formand emphasis, provide Muslims with the framework for operationalizing their values in theirhistorical present? How instrumental is it in shaping the social foundations vital for the Muslimfuture? Is instrumentality the only criteria for such evaluations? In seeking to answer thesequestions the seeds are sown for a new orientation in the social sciences. This orientationrepresents the legitimate claims and aspirations of a long silent/silenced world culture.In locating the activities of Muslim social scientists today it is important to distinguishbetween two currents. The first is in its formative stages as it sets out to rediscover the worldfrom the perspective of a recovered sense of identity and in terms of its renewed culturalaffinities. Its preoccupations are those of the Muslim revival. The other current is constitutedof the remnants of an earlier generation of modernizers who still retain a faith in the universalityof Western values. Demoralized by the revival, as much as by their own cultural alientation,they seek to deploy their reserves of scholarship and logistics to recover lost ground. Bymodifying their strategy and revalorizing the legacy they hope that, as culture-brokers, theymight be more effective where others have failed. They seek to pre-empt the cultural revivalby appropriating its symbols and reinterpreting the Islamic legacy to make it more tractableto modernity. They blame Orientalism for its inherent fixations and strive to redress its selfimposedlimitations. Their efforts may frequently intersect with those of the Islamizing current,but should clearly not be confused with them. For all the tireless ingenuity, these effortsare more conspicuous for their industry than for their originality. Between the new breadof renovationists and the old guard of ‘modernizers’, the future of an Islamic Social Scienceclearly lies with the efforts of the former.Within the Islamizing current it is possible to distinguish three principal trends. The firstopts for a radical perspective and takes its stand on epistemological grounds. It questionsthe compatibility of the current social sciences on account of their rootedness in the paradigmof the European Enlightenment and its attendant naturalistic and positivist biases. Consistencedemands a concerted e€fort to generate alternative paradigms for a new social science fromIslamic epistemologies. In contrast, the second trend opts for a more pragmatic approachwhich assumes that it is possible to interact within the existing framework of the disciplinesafter adapting them to Islamic values. The problem with modern sciene is ethical, notepistemological, and by recasting it accordingly, it is possible to benefit from its strengthsand curtail its derogatory consequences. The third trend focuses on the Muslim scholar, rather ...

Second Annual Conference of the “ASEAN Muslim Social Scientists’ Forum”

1988 ◽  
Vol 5 (2) ◽  
pp. 305-306
Author(s):  
Hussain Mutalib
Keyword(s):  
Social Science ◽  
Social Science Research ◽  
Science Research ◽  
Southeast Asian ◽  
Annual Conference ◽  
Social Scientists ◽  
Asian Region ◽  
Select Group ◽  
Islamic Resurgence ◽  
Closed Door

The Muslim Social Science Scholars’ Forum of ASEAN (Associationof Southeast Asian Nations) held its Second Meeting in Bangkok, Thailandfrom Mubrram 20-23, 1409lSeptember 1-4, 1988, under the auspices of theFoundation for Democracy and Development Studies. The theme for themeeting was “Muslim Scholars and Social Science Research,” aimed atdocumenting, discussing and analyzing the types of scholarship or researchthat have been done about Muslims in the Southeast Asian region, particularlywithin the ASEAN countries.A select group of Muslim social science scholars (together with someMuslim politicians) from the countries within ASEAN, except Brunei, wereinvited to the “Forum.” They included: Drs. Dawan Raharjo and NurcholisMajid, and Professor Moeslim (Indonesia), Drs. Surin Pitsuwan, SeneeMadmarn and Chaiwat (Thailand), Drs. Yusof Talib and Hussain Mutalib(Singapore), Professors Taib Osman and Wan Hashim and Umar Farouq(Malaysia), and Drs. Carmen Abubakar, Madale and Mastura (Philippines).All participants were either presenters of papers or discussants.Throughout the four-day deliberations, participants discussed the typesof studies and research that have been the focus of scholars studying Muslimcommunities in the ASEAN region. Some titles of papers included: “MuslimStudies in the Phillipines;” “Social Science Research in Thailand;” and “SocialScience Research in Malaysia: the Case of Islamic Resurgence.”Given the “closed-door” ‘nature of the meeting (participation was byinvitation only), there was adequate time for a more intensive, frank andthorough discussions of the papers. Problems and issues were aired and posed,and alternative options offered by participants. For every paper, there wasa discussant; hence, the issues that came out of the papers managed to beseen, discussed and appreciated from a more complete and balancedperspective.By and large, the Bangkok meeting was a successful one. Theapproximately twenty participants were generally pleased with the high qualityof papers presented and the sense of brotherhood that prevailed. The warmhospitality of the hosts from Thailand was also appreciated ...

Theft and Fraud Committed Using Electronic Payment Systems (Regional Judicial and Investigative Practice)

2020 ◽  
Vol 2 ◽  
pp. 66-79
Author(s):  
S. L. Morozov ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Analysis ◽  
Payment Systems ◽  
Criminal Cases ◽  
Electronic Payments ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

The advent of the electronic currency and the effecting of electronic payments has caused new forms of thefts and types of acquisitive crimes. The judicial investigative practice of criminal cases of embezzlement committed using bank cards and other types of electronic payments has encountered problems with the qualification of such acts. The author identifies the most common enforcement problemsand their causesby a retrospective study of judicial practice, the changing norms of the criminal law. At the same time, a ten-year period of work of the judicial investigating authorities was studied. On the basis of traditional general scientific methods of cognition, as a result of a system-legal analysis of the considered set of specific situations, the author gives an author's view of the complex of causes that cause a lack of uniformity in judicial investigative practice. Using the hermeneutic approach, the author paid special attention to the application by the courts of the interpretation of the criminal law by the Plenum of the Supreme Court of the Russian Federation in different years. In conclusion, ways of resolving contentious issues of qualification of thefts and fraud in the field of electronic means of payment are proposed. It has been ascertained that high-quality and uniform law enforcement can provide additional clarification on the delimitation of related and competing theft from the Plenum of the Supreme Court of the Russian Federation. It is concluded that in general, the current concept of the Plenum of the Supreme Court of the Russian Federation does not contain contradictions with the novels of the criminal law, but can be improved. The rationale and edition of possible additions to the relevant decision of the Plenum of the Supreme Court of the Russian Federation are given.

Capitalism Beyond Mutuality?

2018 ◽  
Keyword(s):  
Social Science ◽  
Social Contract ◽  
Well Being ◽  
Business Practice ◽  
Business Leaders ◽  
Social Scientists ◽  
Economic Paradigm ◽  
The Social ◽  
Modern Economic ◽  
Great Output

Our quest for prosperity has produced great output but not always great outcomes. The list of concerns is growing and familiar. Fundamentally, when it comes to well-being, fairness, and the scope of our humanity, the modern economic system still leaves much to be desired. In turn, trust in business and the liberal market system (aka “capitalism”) has been declining and regulation has been rising. A variety of forces—civic, economic, and intellectual—have been probing for better alternatives. The contributions in this volume, coauthored by eminent philosophers, social scientists, and a handful of thoughtful business leaders, are submitted in this spirit. The thrust of the work is conveyed in the volume’s titular question: Capitalism Beyond Mutuality? Mutuality, or the exchange of benefits, has been established as the prime principle of interaction in addressing the chronic dilemma of human interdependence. Mutuality is a fundament in the social contract approach and it serves us well. Yet, to address the concerns outlined here, we must help evolve an economic paradigm where mutuality is more systematically complemented by reasoned and elective morality. Otherwise the state will remain the sole (if inadequate) protector and buffer between market and society. Hence, rather than just regulate power we must also educate power. Philosophy has a natural role, especially when education is the preferred vehicle of transformation. Accordingly, the essays in this volume integrate philosophy and social science to outline and explore concrete approaches to these important concerns emanating from business practice and theory.

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