70 research outputs found

    \u3cem\u3eThe Double Life of Reason and Law\u3c/em\u3e

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    \u3cem\u3eThe Double Life of Reason and Law\u3c/em\u3e

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    What do we expect from an ombudsman? Narratives of everyday engagement with the informal justice system in Germany and the UK

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    This paper looks at expectations people have of informal justice mechanisms through a rich empirical dataset of 2775 recent ombudsman users in Germany and the United Kingdom. In a cross-cultural comparison the ombudsman, as a model of justice is explored. Not much is known about people’s expectations towards the ombudsman model; this paper starts to fill the gap. Four roles became apparent as cross-cultural narratives in the dataset; people who interact with ombudsmen expect them to be interpreters, advocates, allies and instruments. The identified roles are largely common to both countries, but in some aspects they show national specificities. These national specificities are seen mainly in the use of language; in Germany it is more legalistic in comparison to the UK. I argue that this might be related to what has been described as the general legal culture of each country and the institutional set-up

    Portuguese culture and legal consciousness: a discussion of immigrant women’s perceptions of and reactions to domestic violence

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    This article uses legal consciousness to discuss the influence of Portuguese culture on women’s perceptions of and reactions to domestic violence. It is based on an in-depth small-scale study of Portuguese women living in England, and proposes that culture is central in shaping their behaviour, regardless of whether they experienced violence or not. The cultural characteristics that influence women the most are analysed here under the themes of ‘familism’, ‘shame and community pressure’, and ‘acculturation’. These do not operate all at the same level and their influence can change according to structural and individual circumstances. As such, the article suggests that immigrant women’s perceptions of and reactions to domestic violence can only be fully understood by articulating national culture with other structural and individual variables; this will enable a multi-layered and situated understanding of women’s legality that avoids a simplistic attribution of their behaviour to national or ethnic provenance

    Governing the gap: Forging safe science through relational regulation

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    Designed to close the ubiquitous gap between law on the books and law in action, management systems locate the standard setting and implementation of regulation within the regulated organization itself. Despite efforts to more closely couple aspirations and performance, the gap re-emerges because the exigencies of practical action exceed the capacity of system prescriptions to anticipate and contain them. Drawing on data from a six-year ethnographic study of the creation and implementation of an environment, health, and safety management system, this article identifies relational regulation as the approach used by front-line managers to govern the gap: keeping organizational activities within an acceptable range of variation close to regulatory specifications. We identify four practices – narrating the gap, inquiring without constraint, integrating pluralistic accounts, and crafting pragmatic accommodations – and three conditions under which actors may develop a sociological orientation to enact relational regulation. Overall, the article concludes that the mechanism for assuring compliance resides in the apprehension of relational interdependencies rather than the management system per se.National Science Foundation (U.S.) (Grant No. 0216815)National Science Foundation (U.S.) (Grant No. 0518118
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