2,836 research outputs found
The marriage of Bourdieu and private ordering on Gretna's football field
This paper presents an in-depth study of the insolvency of Gretna football club. It sets the insolvency within the wider context of the field of football in Scotland and the special rules of the field which apply immediately upon the insolvency of a club and which are arguably at odds with general insolvency regulation in the UK. Insolvency presents a unique opportunity to study fields since it is at this point when there is a shortfall of funds that the field's power relations become most clear and the struggles on the field more visible. In order to provide a more nuanced complex picture of the football field, its actors and regulations, especially those relating to insolvency, this paper draws upon the work of Pierre Bourdieu. It also draws upon the concept of private ordering since the insolvency rules set by the governing body of the Scottish Premier League (a private company) have an impact that extend beyond the members of the League
Ideological inequalities: Khmer culture and widows' perception of remarriage
To explain the enduring persistence of gender inequality, structural explanations alone are not sufficient. One must look at the realm of cultural ideas to understand the entrenched nature of female subordination. Ideological inequalities embedded in cultural beliefs and practices sustain and perpetuate structural inequalities. This article explores ideological inequalities in Cambodian culture as an explanation for the reluctance of rural widows to remarry, despite the economic benefits that a new husband would likely bring. Using concepts from the theory of the social construction of reality, two cultural sources for widows' reluctance are considered, the beliefs and practices of Khmer Buddhism and the chbab srey, an influential moral code for women. The article theorizes that widows shy away from remarriage because Khmer religious and social customs place women into an ideologically subordinate position in the household. Widows fear that in a new marriage, they would lose control over their household and their children's lives. By remaining widows, they have cultural space to reject female subordination, maintain control of their household, and focus on their role as mothers to earn religious merit for their next life. Instead of ideological inequalities that subordinate women, modified cultural arrangements can create ideological equalities that nurture both men and women.Accepted manuscrip
An Outcome-Based Approach for Ensuring Regulatory Compliance of Business Processes
In service industries, such as healthcare, catering, tourism, etc., there exist regulations that require organisations’ service comply with the regulations. More and more regulations in the service sector are, or are aimed to be, outcome-focused regulations. An outcome prescribed in the regulation is what users should experience or achieve when the regulated business processes are compliant. Service providers need to proactively ensure that the outcomes specified in the regulations have been achieved prior to conducting the relevant part of the business or prior to inspectors discovering noncompliance. Current approaches check system requirements or business processes, not outcomes, against regulations and thus this still leaves uncertain as to whether what the users actually experience are really achieved. In this thesis, we propose an approach for assessing the compliance of process outcomes and improve the noncompliance. The approach is designed through the U.K’s. CQC regulations in the care home environment
Theory of Regulatory Compliance for Requirements Engineering
Regulatory compliance is increasingly being addressed in the practice of
requirements engineering as a main stream concern. This paper points out a gap
in the theoretical foundations of regulatory compliance, and presents a theory
that states (i) what it means for requirements to be compliant, (ii) the
compliance problem, i.e., the problem that the engineer should resolve in order
to verify whether requirements are compliant, and (iii) testable hypotheses
(predictions) about how compliance of requirements is verified. The theory is
instantiated by presenting a requirements engineering framework that implements
its principles, and is exemplified on a real-world case study.Comment: 16 page
Sovereign Nothingness: Pyotr Chaadaev's Political Theology
This paper speculatively reconstructs the unique intervention that Pyotr Chaadaev, the early nineteenth-century Russian thinker, made into the political-theological debate. Instead of positioning sovereignty and exception against each other, Chaadaev seeks to think the (Russian) exception immanently, affirming its nonrelation to, and even nullity or nothingness vis-à-vis, the (European, Christian-modern) world-historical regime—and to theorize the logic of sovereignty that could arise from within this nullity. As a result, we argue, nothingness itself becomes, in Chaadaev, operative through and as the sovereign act and the figure of the sovereign, exemplified for him by the Russian emperor Peter the Great (1672–1725)
Microsimulation as an Instrument to Evaluate Economic and Social Programmes
In recent years microsimulation models (MSMs) have been increasingly applied in quantitative analyses of the individual impacts of economic and social programme policies. The suitability of using microsimulation as an instrument to analyze main and side policy impacts at the individual level will be discussed in this paper by characterizing: the general approach and principles of the two general microsimulation approaches: static and dynamic (cross-section and lifecycle) microsimulation, the structure of MSMs with institutional regulations and behavioural response, panel data and behavioural change, deterministic and stochastic microsimulation, the 4M-strategy to combine microtheory, microdata, microestimation and microsimulation, and pinpointing applications and recent developments. To demonstrate the evaluation of economic and social programmes by microsimulation, two examples concerning a dynamic (cross-section and life-cycle) microsimulation of the German retirement pension reform and a combined static/dynamic microsimulation of the recent German tax reform with its behavioural impacts on formal and informal economic activities of private households are briefly described. Evaluating the evaluation of economic and social programmes with microsimulation models finally is followed by concluding remarks about some future developments.microsimulation, evaluation of economic and social-political programms
Reliance Remedies at the International Centre for the Settlement of Investment Disputes
Examines situations in which the International Centre for the Settlement of Investment Disputes has awarded damages for the cost of the investment, which may be compared to the contract law concept of reliance damages. Notes that this measure of damages is often used where lost profits are difficult to calculate because of the speculative nature of the future investment
Microsimulation as an Instrument to Evaluate Economic and Social Programmes
In recent years microsimulation models (MSMs) have been increasingly applied in quantitative analyses of the individual impacts of economic and social programme policies. The suitability of using microsimulation as an instrument to analyze main and side policy impacts at the individual level will be discussed in this paper by characterizing: the general approach and principles of the two general microsimulation approaches: static and dynamic (cross-section and lifecycle) microsimulation, the structure of MSMs with institutional regulations and behavioural response, panel data and behavioural change, deterministic and stochastic microsimulation, the 4M-strategy to combine microtheory, microdata, microestimation and microsimulation, and pinpointing applications and recent developments. To demonstrate the evaluation of economic and social programmes by microsimulation, two examples concerning a dynamic (cross-section and life-cycle) microsimulation of the German retirement pension reform and a combined static/dynamic microsimulation of the recent German tax reform with its behavioural impacts on formal and informal economic activities of private households are briefly described. Evaluating the evaluation of economic and social programmes with microsimulation models finally is followed by concluding remarks about some future developments.microsimulation, evaluation of economic and social-political programms
Beyond Territoriality: The Case of Transnational Human Rights Litigation
Cases for civil damages that have been brought before Western courts by victims of torture and persecution against states officials or corporations, challenge the principles of state sovereignty and jurisdictional competence. While national courts can in cases of serious crimes hear cases that grow out of acts committed in another country, the same is not true for cases for civil compensation. A persisting and rising number of private law cases that attempts to empower disenfranchised victims of crime and abuse, points to the necessity of reconsidering the prevailing procedural and substantial obstacles that govern the so-far unsuccessful civil law suits. The law of transnational civil litigation [TCL] emerged with the US American decision in Filartiga in 1980 and perhaps culminated in the US Supreme Court's Decision in Sosa v. Alvarez-Machain in 2004. TCL has become a laboratory for our inquiry into the relationship between laws that were developed within and for the nation-state on the one hand and an increasingly globalized political and legal human rights discourse, on the other. As such, TCL is a case in point for the dramatically changing nature of norm-creation, law, and law enforcement in an era of globalization.law; fundamental/human rights; sovereignty; globalization
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