Legal Rights and the Limits of Conceptual Analysis: A Case Study

2011 ◽  
Author(s):  
Charles L. Barzun
Keyword(s):  
Conceptual Analysis ◽  
Legal Rights

Legal Rights and the Limits of Conceptual Analysis: A Case Study

Ratio Juris ◽  
2013 ◽  
Vol 26 (2) ◽  
pp. 215-234
Author(s):  
Charles Lowell Barzun
Keyword(s):  
Conceptual Analysis ◽  
Legal Rights

scholarly journals Facebook Feeding Frenzy: Resistance-through-Distance and Resistance-through-Persistence in the Societied Network

2009 ◽  
Vol 6 (3) ◽  
pp. 275-293 ◽  
Author(s):  
Andrés Sanchez
Keyword(s):  
Conceptual Analysis ◽  
Personal Relationships ◽  
Student Body ◽  
Message Boards ◽  
Privacy Settings ◽  
Sexual Orientations ◽  
Perceived Force ◽  
Set Up ◽  
International Boundaries

This article presents a case study into the massive online demonstrations that occurred on Facebook (an online networking platform much like MySpace or Bebo) during Autumn/Winter of 2006 as a vibrant and contemporary example of resistance in action in the online domain. The demonstrations were carried out in response to the introduction of Facebook’s ‘News Feed’ and ‘Mini-Feed’ pages which greeted users upon signing in and presented a wealth of information about their friends and their online activities, seemingly without any form of privacy control. The pages even listed details of personal relationships and sexual orientations; both highly contentious issues. The response to this perceived intrusion on users’ privacy was staggering. Groups were set up overnight to pillory the Facebook News Feed, massive petitions that numbered hundreds of thousands were set up across international boundaries, online blogs and message boards became filled with incandescent comments.Eventually, Mark Zuckerberg (Facebook’s founder and himself a former Harvard student) was forced to issue a public apology and then amend the News Feed to allow users the opportunity to edit their privacy settings. No longer would such information be so publicly accessible. No longer would privacy be taken so lightly. The student body used the very means by which they were being surveilled (that is, the cyber-synoptic infrastructure of the Facebook network) to organize an internationally resistant movement to support their right to privacy. This confrontation provides an engrossing example of the World Wide Web being used as a powerful tool to mobilize many bodies against a perceived force of oppression and subjugation. This was a clear demonstration that the politics of surveillance (Haggerty 2006) and the politics of the self matter greatly in present climes; where issues of privacy and the sanctity of the virtual realm are never far from the headlines. As such, it provides an excellent empirical backdrop to a conceptual analysis of resistance-through-distance and resistance-through-persistence (Collinson 1994) in the virtual realm.

Measuring the Impact of the Semantic-Based Process Mining Approach

2020 ◽  
pp. 217-237
Keyword(s):  
Knowledge Base ◽  
Real Time ◽  
Learning Process ◽  
Conceptual Analysis ◽  
Process Mining ◽  
Levels Of Analysis ◽  
Use Case ◽  
Abstraction Levels ◽  
The Impact

This chapter looks at the extent to which the semantic-based process mining approach of this book supports the conceptual analysis of the events logs and resultant models. Qualitatively, the chapter leverages the use case study of the research learning process domain to determine how the proposed method support the discovery, monitoring, and enhancement of the real-time processes through the abstraction levels of analysis. Also, the chapter quantitatively assesses the level of accuracy of the classification process to predict behaviours of unobserved instances within the underlying knowledge base. Overall, the work looks at the implications of the semantic-based approach, validation of the classification results, and their influence compared to other existing benchmark techniques/algorithms used for process mining.

scholarly journals Re-examining the philosopher’s stone of leadership

2019 ◽  
Vol 34 (4) ◽  
pp. 653-663
Author(s):  
Fenwick W. English ◽  
Lisa Catherine Ehrich
Keyword(s):  
School Leadership ◽  
Design Methodology ◽  
Conceptual Analysis ◽  
Continuous Process ◽  
Multiple Identities ◽  
Leadership Performance ◽  
Content Type ◽  
The Relationship ◽  
Practical Implications

Purpose The purpose of this paper is to re-examine the phenomenon of leadership at the intersection of aesthetics, identity and self within a dynamic, fluid and interactive compositional mixture which is part of a leader’s continuous process of invention and reinvention. Design/methodology/approach The methodology of this paper is a conceptual analysis and presentation involving some of the extant literature in the field of aesthetics, identity and leadership, including Harold Bloom’s theory of poetry that provides an entrance point to understand the problem of identity. The authors argue that a person, such as a leader, has multiple identities and interactions with others which lead to the co-construction of the self. To demonstrate this argument, the authors explore a case study of the life of the opera diva, Maria Callas. Findings An exploratory conceptual model demonstrating the relationship between identity and self, and insights and Bloom’s theory are applied to illuminate the case study of Maria Callas’ life. A key finding of the analysis is that identity is linked to performance and co-constructed in relation to others. Practical implications The paper concludes by discussing two implications for developing school leadership performance: the need for an aesthetic perspective of leadership and the need to provide a range of teaching approaches to teach leadership. Originality/value There have been few, if any, significant breakthroughs in understanding more about leadership from the traditional methods of social science. It is argued that until and unless researchers move towards working in aesthetic traditions there is not likely to be new understandings of it.

Towards a network place branding through multiple stakeholders and based on cultural identities

2016 ◽  
Vol 9 (1) ◽  
pp. 73-90 ◽  
Author(s):  
Norberto Muñiz Martínez
Keyword(s):  
Conceptual Analysis ◽  
Place Branding ◽  
Modern Concept ◽  
Western World ◽  
Natural Environments ◽  
Multiple Stakeholders ◽  
Content Type ◽  
Dynamic Identity ◽  
Cultural Dialogue

Purpose This paper aims to analyse the creation of a place brand for Colombia’s coffee region, within the framework of the evolution of place branding from traditional, one institution-led marketing approaches towards a more modern concept of network branding involving multiple stakeholders. The production of quality coffee in this region has been complemented with the development of coffee-themed rural tourism, which helps Colombia to enhance the value and positioning of its resources in the context of the economic and cultural exchanges inherent in globalisation. Design/methodology/approach Following a theoretical and conceptual analysis of place branding, this paper explores the case of the Coffee Triangle, examining the network of interrelationships involved in the process of business-led coffee branding and place branding by public institutions to achieve a dynamic identity asset shared by various parties. This study entailed fieldwork in Colombia to visit the region and hold meetings with managers in public administration, representative companies in the region and various social groups and entities. Findings Following a conceptual analysis which attempts to demonstrate the evolution of place branding towards a more holistic, multi-party and networked approach, the case study confirms the formation of complex interactions between stakeholders and public and private institutions at the local, regional, national and even international level. Practical/implications This successful initiative can serve as an example for other food production regions in emerging countries, helping them to improve their positions in global scenarios and enhance the value of their physical products through a heightened awareness and appreciation of the culture associated with these natural environments and landscapes. Synergies between business and place branding are also analysed. Originality/value This paper looks at an instance of place branding involving multiple stakeholders and on the basis of cultural and dynamic identity. It comprises an inter-regional case study in Colombia. South America is a sub-continent where some interesting and successful place projects are being implemented that add nuances to global economic and cultural dialogue, which has probably focused mainly on the Western world and the industrial nations of Asia.

scholarly journals Legal Review of the Phenomenon of Communities Occupying Land That AlreadyHave Certificate of Property Rights (Case Study of South Ternate City District)

2021 ◽  
Vol 04 (08) ◽  
Author(s):  
Ishak Raja ◽  
Keyword(s):  
Law Enforcement ◽  
Property Rights ◽  
Dispute Resolution ◽  
Social Life ◽  
City Government ◽  
Legal Rights ◽  
Legal Certainty ◽  
Final Solution ◽  
City District

The research aims to find out what phenomena affect the community occupying land that already has a Certificate of Ownership without going through a process of legal rights under the law and how the settlement process for land objects occupied by the community already has a Certificate of Ownership. The results of this research indicate that legal awareness, law-conscious culture, and law-abiding in social life, various people's perspectives on the land they occupy. After the certificate issuance is not accompanied by socialization by SHM holders, publications. Law enforcement efforts do not exist with the Ternate City Government and the Ternate City Land Agency, because it exists in other institutions. Persuasive approach, deliberation, mediation as a solution to the dispute resolution over SHM 812, SHM 235, SHM 229, and SHM Number: 00977, interpretation of the evidence of ownership of the parties to the dispute failed amicably, the final solution to the dispute over SHM 812, SHM 235, SHM 229, and SHM Number: 00977, through judicial efforts to obtain legal certainty for SHM owners, and people who occupy certified land.

scholarly journals Participation of Local People in the Payment for Forest Environmental Services Program: A Case Study in Central Vietnam

2021 ◽  
Vol 13 (22) ◽  
pp. 12731
Author(s):  
Hoang Phan Bich Ngoc ◽  
Takahiro Fujiwara ◽  
Seiji Iwanaga ◽  
Noriko Sato
Keyword(s):  
Decision Making ◽  
Local People ◽  
Legal Rights ◽  
Environmental Services ◽  
Forest Protection ◽  
Factors Affecting ◽  
Poor Households ◽  
Central Vietnam ◽  
Motivation To Participate

In 2010, Vietnam implemented the payment for forest environmental services (PFES) program that was expected to bring additional income to local people and improve the efficiency of forest protection. However, factors affecting the motivation to participate in PFES have rarely been examined. The objectives of this study were to (1) identify factors that influence local people’s participation in PFES, (2) examine how local people participating in the PFES program were involved in decision-making in the Thua Thien Hue Province, and (3) assess PFES impact on local people. We conducted a field survey of 32 households at the study site. We found no difference in the access to PFES between poor and non-poor households. Participation in PFES was considered a reward for labor work in forests and a means to compensate for the legal rights of participants. Local people could participate at many stages of PFES implementation; however, they were only passive spectators with regards to PFES management. Two-thirds of the participants did not participate in decision-making regarding PFES distribution. We conclude that the efficiency of future PFES programs may be increased by enabling and stimulating the participants to take a more active part in the process of PFES management and distribution.

scholarly journals CIRCUMNAVIGATING NON-EQUIVALENCE IN LEGAL LANGUAGES: A TRILINGUAL CASE STUDY OF GENERIC-SPECIFIC CONCEPTS AND TERMS

2019 ◽  
Vol 7 (1) ◽  
pp. 001
Author(s):  
Sigita Rackeviciene ◽  
Violeta Janulevičienė ◽  
Liudmila Mockiene
Keyword(s):  
Conceptual Analysis ◽  
English For Specific Purposes ◽  
Small Scale ◽  
Logical Relationship ◽  
Language For Specific Purposes ◽  
International Bribery ◽  
The Uk ◽  
International Conventions ◽  
The Given

Studies of Language for specific purposes (LSP) aim to mastering particular terms of the target discourse community in the given field of knowledge. This cannot be achieved without comprehending the concepts denoted by the terms and their generic-specific relations which is not always the case in popular usage by media and translation. The given research is a small-scale analysis of conceptualisation and denotation of bribery offences in different legal settings (the international conventions and three national legal systems – the UK, Lithuanian and Russian) intended to expose the way of circumnavigating non-equivalency for LSP/ESP (English for Specific Purposes) learners. Firstly, bribery concepts in two international conventions are analysed and their terminological denotations in English, Lithuanian and Russian versions of the conventions are extracted. Secondly, functional equivalents of the international bribery concepts (the generic concept of bribery and the concepts forming the dichotomies of bribery types and forms) in the UK, LT and RU national legal settings are determined. Finally, terminological counterparts denoting the bribery concepts in the investigated legal settings are established. The analysis is performed using the methodology of contrastive conceptual analysis which focuses on logical relationship among the concepts, namely hierarchical genus-species relations, in lexical semantics referred to as hyper-hyponymic relations. The methodology enables to compare conceptualisation and denotation of bribery offences in three LSP have and highlight their incongruities. The procedure and the results described in the paper are believed to be valuable to the learners and teachers of LSP/ESP, to the translators and could enhance efficient international professional communication.Key words: conceptual-terminological system, non-equivalence, legal terminology, bribery

Rights as Security

2019 ◽  
Author(s):  
Rhonda Powell
Keyword(s):  
Human Rights ◽  
Conceptual Analysis ◽  
Well Being ◽  
Capabilities Approach ◽  
Legal Rights ◽  
Amartya Sen ◽  
Human Rights Law ◽  
Negative Duties ◽  
The Right ◽  
Broad Meaning

The right to security of person is widely recognized but little understood. Courts, legislatures, scholars, and others disagree about how the right to security of person should be defined. This book investigates the meaning of the right to security of person through an analysis of its constituent parts: security and the person. Applying an original conceptual analysis of ‘security’, it is argued that the right to security of person imposes both positive and negative duties. Also, to identify the interests to be protected by the right, we need a theory of personhood or well-being such as Amartya Sen and Martha Nussbaum’s ‘capabilities approach’. It is accepted that any existing legal rights to security of person must be artificially delineated in order not to overstep the boundaries of other rights. In recognition of the naturally broad meaning of the right to security of person, it is proposed that human rights law as a whole should be seen as a mechanism to further security of person: rights as security.

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