8 research outputs found

    On the Use of Cognitive Linguistics to Explore Legal Concepts: Judicial Interpretation of Privacy Law in the European Union

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    The quest for how legal concepts generate and reproduce themselves and how those concepts are applied to specific cases is one of the most intractable and difficult to answer. This is even more true when old concepts are used to understand new realities. Traditional legal methods used to trace the power of precedent on courts still struggle to capture intricate, if not more subtle, conceptual change. This paper investigates the conceptual links throughout the precedent chain using the guiding hand of cognitive linguistics; namely, conceptual metaphor. Using computer-aided coding methodology to explore the use of metaphor to build conceptual structure concerning data control in EU law as a case study, this work analyses the recent 'Safe Harbor' case in the European Court of Justice and its chain of case citations to provide a proof of method to show the viability of using cognitive linguistics to explain notions of coherence, interpretation, conceptual change, and the power of precedent. The goal is to lead to a larger forecasting model of legal scholarship. It addresses the questions: how can metaphor analysis help clarify the transfer and interpretation of legal concepts throughout a chain of precedent and understand the concepts through which data privacy via traditional privacy are built as a case study? The scaffolding on which the law's abstract concepts are built is taken apart to reveal the underlying, non-abstract components of how ideas link together and affect conceptual transformation. This paper argues for a supplement to the traditional method of legal category building and holds out an extended arm from the world of cognitive linguists to the conceptual mores that is law

    Creating an uncompromised place to belong: Why do I find myself in networks?

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    Congress UPV Proceedings of the 21ST International Conference on Science and Technology Indicators

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    This is the book of proceedings of the 21st Science and Technology Indicators Conference that took place in València (Spain) from 14th to 16th of September 2016. The conference theme for this year, ‘Peripheries, frontiers and beyond’ aimed to study the development and use of Science, Technology and Innovation indicators in spaces that have not been the focus of current indicator development, for example, in the Global South, or the Social Sciences and Humanities. The exploration to the margins and beyond proposed by the theme has brought to the STI Conference an interesting array of new contributors from a variety of fields and geographies. This year’s conference had a record 382 registered participants from 40 different countries, including 23 European, 9 American, 4 Asia-Pacific, 4 Africa and Near East. About 26% of participants came from outside of Europe. There were also many participants (17%) from organisations outside academia including governments (8%), businesses (5%), foundations (2%) and international organisations (2%). This is particularly important in a field that is practice-oriented. The chapters of the proceedings attest to the breadth of issues discussed. Infrastructure, benchmarking and use of innovation indicators, societal impact and mission oriented-research, mobility and careers, social sciences and the humanities, participation and culture, gender, and altmetrics, among others. We hope that the diversity of this Conference has fostered productive dialogues and synergistic ideas and made a contribution, small as it may be, to the development and use of indicators that, being more inclusive, will foster a more inclusive and fair world

    Delivering Drug Treatment to New Minority Communities: Fresh Perspectives

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    This thesis addresses the confluence of the issues of drug use and migration. Using data that explores the needs of new communities, it argues that members of new minority communities who use drugs suffer double discrimination as migrants and as drug users. In failing to address this intersection of need, drug policy and practice compound this discrimination. The data for this submission was drawn from three empirical research projects undertaken for Peterborough Drug Action Team and the National Treatment Agency for Substance Misuse. These research projects addressed previously unreached communities and gathered new data. I published my work among peer-reviewed literature in the form of two journal articles and a book chapter. The research reports and published works inform my thesis. This submission reanalyses the research, using an intersectional lens to understand problems emanating from drug use in the context of migration. Black and minority ethnic people form a small proportion of problem drug users and their needs were under-researched until the late 1990s. A growing body of research has focused on established minority communities, while the drug treatment needs of members of new groups of migrants, whether economic migrants or refugees, remain hidden. My research addresses the impact of policy and practice on new communities. Engaging with members of hard-to-reach groups via community-based researchers, I gathered views about the attitudes and needs of new minority groups and developed a fresh perspective. My work demonstrates that while drug misusers suffer very real discrimination and stigma they also have strengths that could be assets for their recovery. I offer an analysis of the reasons why these strengths are underutilised by a policy agenda that perceives drug misuse as the main feature of the lives of service users in new minority communities. This perception dates back to the first phase of modern drug policy. During the 1980s drug use spread throughout the country, driven by the availability of cheap heroin. The demography of drug users shifted towards white, younger unemployed men and the drugs/crime nexus became the focus of attention. This determined policy development. The context and profile of drug use has changed since 1980; however the decisions of the past affect those taken in the present, and I argue that policy continues to view other issues in individuals’ lives as subsidiary to drug use and its treatment. My work has had an impact in practice and in the academic literature and presents significant new knowledge. In order to respond effectively to drug use in new minority communities, policy and practice must employ an intersectional viewpoint, sharing power and developing coalitions of interest

    Investigating the Circular Economy and its Impact in the UK Manufacturing Sector

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    This PhD thesis investigates the circular economy and how it impacts UK manufacturing. The research explores the Automotive, IT firms and Government agencies – how they understand, construct, and operationalise a circular economy for achieving competitive advantage. It also assesses if the RBV’s VRIN framework is suitable for a firm participating in the circular economy. This research employs a critical realist qualitative comparative case study method. Primary data collection included semi-structured interviews with thirty-four interviewees drawn from thirty firms across the UK automotive, IT firms and government agencies. The study used secondary data collected from firms’ sustainability reports and waste management policy documents to triangulate interviewees responses. The key finding is that an augmented waste hierarchy is the most realistic description of a circular economy. There is a convergence between the automotive and IT industries with SMEs driving change. It also revealed theory- practice contradictions, giving rise to two types of a circular economy- a Standard Circular Economy and an Advanced Circular Economy. It draws a list of characteristics for finding each type for helping managers make informed decisions. The theory-practice contradictions resulted in an Intention-Practise-Outcome Model. It is about synchronising a firm’s organisational resources with circular economy strategic intent and practise. In turn, it helps firms deliver economic, environmental, and societal benefits—an avenue for future circular economy research. This PhD thesis also contributes theoretically to the RBV theory by finding that VRIN characteristics of resources are not yet proven suitable for a circular economy business. Identifying a circular economy as a dynamic capability identifies a new competitive advantage, which provides new directions in strategic management research. This research informs urban mining, natural capital policymaking, highlighting a need for connecting waste-hierarchy, Industry 4.0, and innovation policy. This research study contributes to the new developing circular economy scholarship and enhances business sustainability and strategic management knowledge domains
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