scholarly journals Defining Crimes in a Global Age: Criminalization as a Transnational Legal Process

2020 ◽  
pp. 1-32
Author(s):  
Ely Aaronson ◽  
Gregory Shaffer
Keyword(s):  
Driving Forces ◽  
Empirical Studies ◽  
Theory Building ◽  
Legal Practice ◽  
Legal Process ◽  
Building Projects ◽  
Global Era ◽  
Global Age ◽  
Domestic Practices ◽  
Transnational Legal Process

The design of empirical research and theory-building projects in the sociolegal literature on criminalization is often premised on a presumed dichotomy between domestic and international planes of criminal lawmaking. However, in a global era in which domestic processes of criminalization are increasingly shaped by norms, institutions, and actors developed and operating outside national borders, criminalization research should develop a new theoretical frame for studying how international and domestic practices of criminal lawmaking interact with one another. This article builds from the theory of transnational legal orders and the recursivity of law to propose a transnational processual theoretical framework for the study of criminalization. This framework provides tools for investigating how criminal prohibitions are constituted through recursive interactions between actors operating in international, national, and local sites of legal practice. It draws on empirical studies to show how the processes of constructing, applying, and contesting definitions of international and transnational crimes are embedded in broader structures of power. The article demonstrates how a processual theory of transnational criminalization sheds light on important sociolegal questions about the driving forces and consequences of current efforts to harmonize the definitions of criminal activities across national jurisdictions.

scholarly journals Transnational Legal Process and State Change

2012 ◽  
Vol 37 (02) ◽  
pp. 229-264 ◽  
Author(s):  
Gregory Shaffer
Keyword(s):  
South America ◽  
Empirical Studies ◽  
Legal Order ◽  
State Change ◽  
Legal Process ◽  
Five Dimensions ◽  
Differential Effects ◽  
Transnational Law ◽  
Transnational Legal Process ◽  
Legal Processes

This article applies a sociolegal approach to the study of transnational legal processes and their effects within countries. First, we clarify the concepts of transnational law, transnational legal process, and transnational legal order. Second, we provide a typology of five dimensions of state change that we can assess empirically. Third, we explain the factors that determine the variable effects of transnational legal processes and organize these factors into three clusters. Fourth, we introduce four empirical studies of transnational legal processes' differential effects in five regulatory areas in Asia, Africa, and South America that illustrate these points. Together, they provide a guide of how to study the interaction of transnational and national legal processes, and the extent and limits of transnational legal processes' effects.

scholarly journals Monocentrism and Multicentrism as Legal Theories in the Global Era

2015 ◽  
pp. 5-13 ◽  
Author(s):  
Tadeusz Buksiński
Keyword(s):  
Legal System ◽  
State Level ◽  
Legislation And Jurisprudence ◽  
Global Era ◽  
Legal Traditions ◽  
Global Age

The article describes two opposing theories of legislation and jurisprudence in the global age: multicentrism and monocentrism. The first one claims that a new legal system at the supra-state level is emerging, which must take into consideration varied legal traditions. The second one stresses that certain fundamental principles must be shared today by all people. It seems that the ultimate goal of jurisprudence is to create a system of laws that reconciles multitude and diversity with unity.

Spatial Perspectives on Coworking Spaces and Related Practices in Beijing

2020 ◽  
Vol 46 (1) ◽  
pp. 40-54
Author(s):  
He Huang ◽  
Yangfanqi Liu ◽  
Yuebing Liang ◽  
David Vargas ◽  
Lu Zhang
Keyword(s):  
Large Scale ◽  
Driving Forces ◽  
Empirical Studies ◽  
Analytical Framework ◽  
Sharing Economy ◽  
Small Scale ◽  
The Sustainable Development ◽  
Knowledge Economies ◽  
Coworking Spaces ◽  
The City

Coworking space is a recent manifestation of the emerging sharing economy. This is largely due to two core driving forces: a new working style in the creative and knowledge economies, and the sharing economy, which promotes resource usage efficiency. This paper develops an analytical framework for the spatial perspectives on coworking spaces according to the core driving forces at both the urban and architectural levels, followed by empirical studies on practices related to coworking space in Beijing. The results indicate that at the city scale, coworking spaces tend to aggregate in clusters of large-scale creative and knowledge enterprises in mixed-use and high-density areas, and underutilized spaces become the key pillar. In the architectural dimension, coworking spaces tend to coexist with conventional office spaces or coliving apartments. Empirical studies in Beijing also show that coworking spaces have promoted the sustainable development of the city by renewing existing low-profit urban spaces and utilizing architectural spaces more efficiently. However, the unstable lease market of small-scale businesses, as well as marginal financial models, which pro fit from rental differences, challenge the survival of coworking spaces. In pursuit of capital, coworking spaces have tended to overexpand.

scholarly journals Once Again, They Have a Word for It: Greeks Talk about Our Global Age

2017 ◽  
Vol 11 (3) ◽  
Author(s):  
Mike-Frank Epitropoulos ◽  
John Markoff
Keyword(s):  
United States ◽  
Eighteenth Century ◽  
The United States ◽  
Donald Trump ◽  
Global Era ◽  
Global Age ◽  
Late Twentieth ◽  
Major Figure ◽  
Self Rule ◽  
Late Twentieth Century

AbstractFrom its beginnings in eighteenth-century revolution through the great global wave of democratizations that began in the 1970s, the term “democracy” has been used in many different ways but always referred to a form of self-rule of a defined people on a defined territory. The very obvious web of transnational interconnection had by the late twentieth century raised important questions about what democracy could mean in the global era. Everyday speech in Greece has for several decades been taking note of this by referring to the President of the United States as the Planetarch, a major figure whom they had no role in selecting. We use interviews from just before the elections of 2008 that brought Barack Obama to office to explore what Greeks mean by this term and conclude by showing that it provides a framework for them to talk about his successor, President Donald Trump, as well.

scholarly journals Missed opportunities: two case studies of digitalization of FM in hospitals

Facilities ◽  
2019 ◽  
Vol 37 (7/8) ◽  
pp. 381-394 ◽  
Author(s):  
Christian Koch ◽  
Geir Karsten Hansen ◽  
Kim Jacobsen
Keyword(s):  
Case Studies ◽  
State Of The Art ◽  
Empirical Studies ◽  
Facility Management ◽  
Missed Opportunities ◽  
Building Projects ◽  
Content Type ◽  
Organization And Management ◽  
Building Information ◽  
Complex Building

Purpose Digital practices of facility management (FM) are undergoing transformation. Several Nordic countries have ambitious hospital-building projects, driven by large public clients with long-term experience of operating complex building campuses. There is thus an opportunity for creating state-of-the-art digital FM. This paper aims to investigate the role of digital FM in new hospital projects in Scandinavia. Design/methodology/approach Based on a literature review, a framework of understanding of digital FM in hospital operation is established. Two longitudinal cases are presented and analysed, one for a greenfield hospital and the other for an extension of an existing hospital. Findings The literature highlights the importance of integration between technical digitalization, competences, organization and management of digital FM. The projects are in different phases and represent quite advanced preparations for digital FM. State-of-the-art computer-aided FM systems are prepared before operation. External consultants are involved, posing a dilemma of in-house/outsourced human resources in the future digital FM operation. Research limitations/implications Two case studies provide insights, but they have limited generalizability. Practical implications The study underscores the importance of preparation of management, organization and competences for digitalization. Originality/value Documented research on building information modelling (BIM) integrations in FM is still scarce. This article adds to the few empirical studies in the area. The findings illustrate that real estate administrators investing in FM software for new hospital buildings face challenges of aligning BIM models from design and construction to the FM system.

Law in Popular Belief

2017 ◽  
Keyword(s):  
Empirical Studies ◽  
Theory And Practice ◽  
Legal Practice ◽  
Deviant Behaviour ◽  
Legal Studies ◽  
Wide Range ◽  
Unique Approach ◽  
Black Letter ◽  
Legal Understanding ◽  
The Relationship

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.

Scientific or technological driving force? Constructing a system of national innovative capacity

2017 ◽  
Vol 9 (2) ◽  
pp. 170-183
Author(s):  
Shu-Hao Chang ◽  
Chin-Yuan Fan
Keyword(s):  
Economic Development ◽  
Driving Force ◽  
Driving Forces ◽  
Empirical Studies ◽  
Science And Technology ◽  
Economic Stability ◽  
Economic Resilience ◽  
Content Type ◽  
Patent Quality ◽  
Innovative Capacity

Purpose Innovation plays a pivotal role in a national economy and in the research and development of science and technology. Because the elements, capability and development direction of innovation in various countries are dissimilar, national innovative capacity also varies by country. However, previous studies have predominantly measured national innovative capacity through empirical studies by using a single index of innovation output, ignoring that the forms of innovation are heterogeneous across countries and failing to examine the influence exerted by various innovation models on economic development. Thus, the purpose of this study is to fill this gap by using scientific driving force and technological driving force to present the influence of national innovative capacities on economic development. Design/methodology/approach This study used regression models to test the influence of different national innovative capacities (i.e. scientific and technological driving forces) on economic development and stability. Findings Using the data of 60 countries, this study determined that both scientific and technological driving forces influenced economic development; specifically, scientific driving force affected economic development through technological driving force. Moreover, both research paper quality and patent quality positively influenced economic stability, but patent quality was the mediator. Originality/value This study examined scientific output from both quantitative and qualitative perspectives to determine their influence on economic growth and particularly on economic stability, which lacks dedicated studies. This study strives to bridge this gap in the literature by asserting, from the concept of economic resilience, that high-quality science and technology can strengthen the stability of a country’s economy.

scholarly journals Military Lawyers on the Battlefield: An Empirical Account of International Law Compliance

2010 ◽  
Vol 104 (1) ◽  
pp. 1-28 ◽  
Author(s):  
Laura A. Dickinson
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal Analysis ◽  
Theoretical Level ◽  
Legal Process ◽  
Strategic Action ◽  
State Behavior ◽  
Legal Norms ◽  
Norm Internalization ◽  
Transnational Legal Process

International law scholarship remains locked in a raging debate about the extent to which states do or do not comply with international legal norms. For years, this debate lacked empirical data altogether. International law advocates tended to assume that most nations obey most laws most of the time and proceeded to measure state activity against international norms through conventional legal analysis. In contrast, international relations realists and rational choice theorists have argued that international law is simply an epiphenomenon of other state interests with little independent power at all. Meanwhile, constructivist and transnational legal process approaches have posited that international law seeps into state behavior through psychological and sociological mechanisms of norm internalization and strategic action. But even these studies tend to remain on a theoretical level, without on-the-ground data about which factors might influence compliance in actual day-to-day settings.

Sign in / Sign up

Export Citation Format

Share Document