The essays in this collection show how law is relevant in both an "instrumental" and a "constitutive" sense, as a tool to accomplish particular purposes and as ...

Justice and Power in the Sociolegal Studies asks what interdisciplinary work in the law and society tradition tells us about the relationship of law and justice, as well as the way power operates in and through law. The fundamental concepts of justice and power provide points of departure for leading scholars to explore the various domains of socio-legal research. As they note the explicitness of the engagement with issues of power and the relative silence about -- or indirectness in taking (...) on -- questions of justice found in most law and society research, they ask how engagement with issues of power and silence about justice constituted law and society as a research field caught between a desire to have political impact and, at the same time, to maintain its scientific respectability. (shrink)

Global Prescriptions scrutinizes the movement to export a U.S.-oriented version of the " rule of law," found in the activities of philanthropic foundations, the World Bank, the U.S. Agency for International Development, and several other developmental organizations. Yves Dezalay and Bryant G. Garth have brought together a group of scholars from a variety of disciplines--anthropology, economics, history, law, political science, and sociology--to create tools for understanding this movement. Comprised of two sections, the volume first develops theoretical perspectives key (...) to an understanding of the production and impact of new "global legal prescriptions." The second part shifts attention to the national importation of these legal orthodoxies. The scholars provide a diverse set of sophisticated approaches, both to the circumstances promoting the production of these prescriptions and to the limitations of the prescriptions in the different national settings. Thus, Global Prescriptions provides a unique treatment for readers interested in globalization generally or the potential spread of the "rule of law" in particular. This volume will intrigue scholars and students interested in a political science, economics, history, anthropology, law, and sociology. Contributors are Jeremy Adelman, Robert Boyer, Elizabeth Heger Boyle, Miguel Angel Centeno, Heinz Klug, Larissa Adler Lomnitz, John W. Meyer, Setsuo Miyazawa, Hiroshi Otsuka, Rodrigo Salazar, Kathryn Sikkink, Anne-Marie Slaughter, and Catalina Smulovitz. Yves Dezalay is Director of Research, National Center for Scientific Research, Paris. Bryant G. Garth is Director of the American Bar Foundation. (shrink)

Courts play a central role in legal and political processes in many countries in the common law world. Legal actors have a stake in making sure that legal processes and procedures are perceived as legitimate, both by the general population and professionals. Civil procedure, in both common law and civilian legal systems, has been historically known for its complexity. This article presents a body of empirical research about courts and procedural rules, and their role in different societies. It also analyzes (...) research and states how it has been used in policy debates and reforms. In addition, it discusses the question of the demand and supply for empirical research about rules of procedure and courts, and explores the difficulty of carrying out empirical research that goes beyond a focus on the institutional needs of the courts themselves and the reformers interested in their own court-reform agendas. (shrink)

Este libro coeditado para América Latina conjuntamente por el Instituto Latinoamericano de Servicios Legales (ILSA), las Universidades Nacional de Colombia, Nacional Autónoma de México (UNAM) y la Universidad Bolivariana de Chile, constituye un hito importante en la articulación del espacio académico de la región en el área del pensamiento crítico y de su difusión en relación al campo del Derecho, el Estado y el rol de las profesiones en la dispuesta por el poder y la configuración de los es..

Recent work on the ethics of love may be divided into norm-centered and affective-centered approaches. Norm-centered approaches, exemplified by Hallett and Outka, argue for either moral parity between self and other or for self-subordination; they regard self-love as legitimate within strict boundaries; and they sharply distinguish agape from other forms of love. Affective-centered approaches, exemplified by Vacek and Post, con- centrate on love for God as the central context for neighbor-love; they ac- cord a high status to friendship, marriage, and (...) other primary relationships; and they regard all forms of love as Christian in that they are transformed by grace and constitute cooperation with God. The re- maining agenda for both approaches is primarily theological, including especially the need to develop an extended application of the doctrines of creation and grace for the status of "special relations" in the ethics of love. (shrink)

Globalization is multifaceted and involves the interaction among businesses, services, governments, and societies beyond national borders. As a result, the flow of foreign direct investment, international trade in goods and services, and the economic interdependence of the nations of the world have been increasing. At the same time, much attention has been paid to the effect of corruption prevalent within many cultures and societies, and its impact on the economies, especially developing economies. This paper examines the relationship between human capital (...) investment, the level of national corruption, and the global economic integration of a nation in developing countries. Based on the data collected from over 60 countries, and building on the FDI and human capital theories, it was found that human capital investment and corruption are related to GEI. It was also found that the level of corruption moderates the relationship between human capital investment and GEI of developing economies. The findings of the study can help to deepen our understanding of GEI and have practical implications for developing countries in terms developing human capital, which plays a critical role in today’s knowledge-based economy. (shrink)

Specification of an appropriate relationship, or division of labor, between sociology and philosophy, remains a sensitive issue. Anthony Giddens offers a distinctive variant in his concern, in structuration theory, to develop an ontology of the social without participating in epistemological debate and without articulating and justifying a normative theory (whether a philosophical anthropology or a political philosophy). Both omissions impair the wider reception of structuration theory. The second is the more serious, however, insofar as the postempiricist community of inquirers may (...) make a virtue of the ethical and political factors that inform social science, but it does not yet have any settled means of assessing different, and contesting, values; even if it did, it could not invent Giddens's position for him. There are signs that Giddens now recognizes the need to formulate and justify models of the good society and of the actualized self. (shrink)

Abstract‘Monkey see, monkey do’ is an old saying referring to imitating another's actions without necessarily understanding the underlying motivations or being concerned about consequences, such as propagating harmful behaviors. This study examines the likelihood of firms imitating and proliferating others’ unethical, irresponsible practices thereby exacerbating harmful effects among even more firms; in doing so, irresponsible contagions can rapidly spread more broadly, negatively affecting even more consumers. Building upon rivalry- and information-based imitation theories, we examine if harmful behaviors of others, in (...) combination with misbehavior of referent firms, influences the likelihood of a firm to engage in irresponsible consumer-related practices. After examining 25,824 firm-year observations over 12 years, our findings suggest that imitation of harmful product-related behavior occurs; with size an important factor related to proliferation of harmful behaviors. Testing the model against a holdout sample finds 94% accuracy. Implications for scholars, managers, and policy makers are explored. (shrink)

RNA localization is a powerful strategy used by cells to localize proteins to subcellular domains and to control protein synthesis regionally. In germ cells, RNA targeting has profound implications for development, setting up polarities in genetic information that drive cell fate during embryogenesis. The frog oocyte offers a useful system for studying the mechanism of RNA localization. Here, we discuss critically the process of RNA localization during frog oogenesis. Three major pathways have been identified that are temporally and spatially separated (...) in oogenesis. Each pathway uses a different mechanism to effect RNA localization. In some cases, localization elements within the 3' untranslated region have been identified and have provided unique insights into the localization process. This important field is still in its infancy, however, and much remains to be learned. BioEssays 21:546–557, 1999. © 1999 John Wiley & Sons, Inc. (shrink)

Music comprises a diverse category of cognitive phenomena that likely represent both the effects of psychological adaptations that are specific to music (e.g., rhythmic entrainment) and the effects of adaptations for non-musical functions (e.g., auditory scene analysis). How did music evolve? Here, we show that prevailing views on the evolution of music – that music is a byproduct of other evolved faculties, evolved for social bonding, or evolved to signal mate quality – are incomplete or wrong. We argue instead that (...) music evolved as a credible signal in at least two contexts: coalitional interactions and infant care. Specifically, we propose that (1) the production and reception of coordinated, entrained rhythmic displays is a co-evolved system for credibly signaling coalition strength, size, and coordination ability; and (2) the production and reception of infant-directed song is a co-evolved system for credibly signaling parental attention to secondarily altricial infants. These proposals, supported by interdisciplinary evidence, suggest that basic features of music, such as melody and rhythm, result from adaptations in the proper domain of human music. The adaptations provide a foundation for the cultural evolution of music in its actual domain, yielding the diversity of musical forms and musical behaviors found worldwide. (shrink)

When people are asked “Do you have the time?” they can answer in a variety of ways, such as “It is almost 3”, “Yeah, it is quarter past two”, or more precisely as in “It is now 1:43”. We present the results of four experiments that examined people’s real-life answers to questions about the time. Our hypothesis, following previous research findings, was that people strive to make their answers optimally relevant for the addressee, which in many cases allows people to (...) give rounded, and not exact, time responses. Moreover, analyses of the non-numeral words, hesitations, and latencies of people’s verbal responses to time questions reveal important insights into the dynamics of speaking to achieve optimal relevance. People include discourse markers, hesitation marks, like “uh” and “um”, and pauses when answering time questions to maximize the cognitive effects (e.g., a rounded answer is adequate) listeners can infer while minimizing the cognitive effort required to infer these effects. This research provides new empirical evidence on how relevance considerations shape collaborative language use. (shrink)

As is well known, dialog partners manage the uncertainty inherent in conversation by continually providing and eliciting feedback, monitoring their own comprehension and the apparent comprehension of their dialog partner, and initiating repairs as needed (see e.g., Cahn & Brennan, 1999; Clark & Brennan, 1991). Given the nature of such monitoring and repair, one might reasonably hypothesize that a good portion of the utterances involved in dialog management employ meta-language. But while there has been a great deal of work on (...) the specific topic of dialog management, and it is widely (if often tacitly) accepted that meta-language is frequently involved, there has been no work specifically investigating and quantifying the role of meta-language in dialog management. Thus, this small study investigated the correlation between meta-language and dialog management utterances in three dialog files of the British National Corpus (BNC). (shrink)

For more than a century, law schools have trained students to 'think like a lawyer'. In these times of legal crisis, both in legal education and in global society, what does that mean for the rest of us? In this book, thirty leading international scholars - including Louis Assier-Andrieu, Marianne Constable, Yves Dezalay, Denise Ferreira da Silva, Bryant G. Garth, Peter Goodrich, Duncan Kennedy, Martti Koskenniemi, Shaun McVeigh, Samuel Moyn, Annelise Riles, Charles F. Sabel and William H. Simon (...) - examine what is distinctive about legal thought. They probe the relation between law and time, law and culture, and legal thought and legal action; the nature of current legal thought; the geography of legal thought; and the conditions for recognition of a new 'contemporary' style of law. This work will help theorists, social scientists, historians and students understand the intellectual context of legal problems, legal doctrine, and jurisprudential trends in the current conjuncture. (shrink)

LEGO reminds that race—both in the world of LEGO minifigures and in the real world—is socially constructed and depends on context, customs, convention, and attitudes. When the modern version of the LEGO minifigure was introduced in 1978 its bright yellow color was a conscious choice, meant to be racially and ethnically neutral. Further, all the yellow‐skinned minifigures had the exact same printing on their faces—the "smiley"—obscuring any differences between minifigures. Any LEGO builds that contain flesh‐toned minifigures (e.g. Kobe Bryant)represent (...) characters that are white, Asian, black, native American, or any of a host of other racial identities, while LEGO builds that contain yellow minifigures represent characters that have no race. The introduction of flesh‐toned figures does not merely introduce race into the worlds of LEGO licensed sets, but the appearance of flesh‐colored minifigures also forces to re‐construe the older non‐licensed minifigures produced in the supposedly racially neutral yellow. (shrink)

A naturalistic impulse has taken speculative analytic metaphysics in its critical sights. Importantly, the claim that it is desirable or requisite to give metaphysics scientific moorings rests on underlying epistemological assumptions or principles. If the naturalistic impulse toward metaphysics is to be well-founded and its prescriptions to have normative force, those assumptions or principles should be spelled out and justified. In short, advocates of naturalized or scientific metaphysics require epistemic infrastructure. This paper begins to supply it. The author first sketches (...) her conception of suitably naturalized or scientific metaphysics. She then lays out a number of candidate epistemic principles centring around the notion of theoretical constraint. The author offers several arguments for the principles, based on statistical likeliness, agreement, falsity avoidance, and methodological efficiency and inefficiency. Finally, she shows how scientific metaphysics satisfies the epistemic principles and is therefore preferable to its traditional rivals. (shrink)

Hausman and McPherson provide an evidential defense of welfare economics, arguing that preferences are not constitutive of welfare but nevertheless provide the best evidence for what promotes welfare. Behavioral economics identifies several ways in which some people's preferences exhibit anomalies that are incoherent or inconsistent with rational choice theory. I argue that the existence of these behavioral anomalies calls into question the evidential defense of welfare economics. The evidential defense does not justify preference purification, or eliminating behavioral anomalies before conducting (...) welfare analysis. But without doing so, the evidential defense yields implausible welfare implications. I discuss how the evidential defense could be modified to accommodate behavioral anomalies. (shrink)

Jan Bryant looks at the strategies visual artists and filmmakers are using to criticise the social and economic conditions shaping our historical moment. She then assesses how the world is being positively re-imagined through their work today.

J.N. Findlay was a South African philosopher who published from the late 1940s into the 1980s. He had a prestigious international academic career, holding many academic posts around the world. This article uses a textual comparative approach and focuses on Findlay’s Gifford Lecture at St Andrews University between 1965 and 1970. The objective of the article is to highlight the extent to which Findlay’s philosophical writings were influenced by Mahāyāna Buddhism. Although predominantly a Platonist, Findlay drew influence from Asian philosophy (...) and religion, particularly Mahāyāna Buddhism. In these lectures, he applies the metaphor of the Platonic Cave to investigate Hegelian and Husserlian approaches to knowledge. Though he was a leading Hegel and Husserl scholar, his reading of these two philosophers is strongly influenced by Mahāyāna Buddhism, resulting in a unique mystical interpretation of these two philosophers. Revisiting Findlay’s writings is significant for two reasons; firstly, he investigated Buddhism prior to the Asian religions being included in Religious Studies departments’ purview in South African universities, and secondly, his interpretation of two prominent Western philosophers along Buddhist lines provides an early attempt at decolonising the predominance of Western philosophical views of knowledge.Contribution: This contribution forms part of a larger collection of essays investigating philosophical works that have had a significant impact on the study of religion. This contribution investigates the Buddhist influence on J.N. Findlay’s philosophical readings of Husserl and Hegel. (shrink)