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1

Frerichs, Sabine. "Transnational Law and Economic Sociology." Oxford University Press, 2018. http://epub.wu.ac.at/5719/1/Frerichs_2018_Transnational%2DLaw%2Dand%2DEconomic%2DSociology_submitted%2Dversion.pdf.

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2

Baghai, Katayoun. "Three systems theoretic essays in the sociology of law." Thesis, McGill University, 2012. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=106322.

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Sociology has long grappled with the possibility of social order and the role of law in its constitution in an increasingly complex society. Niklas Luhmann's social systems theory has received praise for its rigor and sophistication in response to that problematic, and yet been criticized for its high level of abstraction and empirical emptiness. In three independent essays, this dissertation brings systems theoretic theses and concepts to bear on some current empirical debates in socio-legal scholarship. The first essay uses the concept of structural coupling to account for the 20th century emergence of the right to privacy in the context of increasing differentiation of types and forms of communication. Reducing the degree of freedom in functionally differentiated communication systems, the right to privacy increases the possibility of communicative success in all, and becomes indispensable to routine operations of modern society. This approach provides a hitherto absent common denominator for privacy conflicts, and a non-normative framework for their resolution.The second essay uses the thesis of normative closure of the legal system to provide a previously lacking sociological framework for empirical investigation of extant doctrines of constitutional interpretation. The framework is employed to investigate judicial review of legislation concerning abortion and homosexuality by the United States Supreme Court. While variation in the Court's decisions is commonly understood to be politically and/or ideologically influenced rather than legally determined, examination of the Court's opinions shows how legal doctrine allows the former without undermining the latter. Originalism and living constitutionalism emerge as complementary and normatively closed strategies for reducing complexity in the law and its environment.The third essay establishes a link between the changing contour of the right to equality and functional differentiation through an investigation of the United States Supreme Court's post-bellum jurisprudence of race. Although variation in the Court's rulings on racial classification is often attributed to dynamics of group and institutional conflict, the essay shows how the Court's response to racial classification in jury service, suffrage, access to public transportation, accommodation and education expresses legal recognition of the functional differentiation of law, politics, commerce and education, respectively. The current divide in the Court concerning affirmative action programs is discussed against this backdrop. Findings support the systems theoretic emphasis on the unique function of law in the reproduction of social order through stabilizing generalized normative expectations. They also confirm the potential of social systems theory to successfully inform empirical research in the sociology of law and provide some coherence to the field.
La sociologie s'est longtemps intéressée à la possibilité d'un ordre social et au rôle du droit dans la constitution de ce dernier dans une société de plus en plus complexe. Si la théorie des systèmes sociaux de Niklas Luhmann s'est attirée des éloges pour la rigueur et la subtilité avec laquelle elle aborde cette problématique, elle a également été critiquée pour son degré élevé d'abstraction et son vide empirique. Dans trois essais indépendants, la présente dissertation utilise les thèses et concepts de la théorie des systèmes pour aborder les débats empiriques actuels en études sociojuridiques. Le premier essai fait appel au concept du couplage structurel pour expliquer l'émergence, au 20e siècle, du droit à la vie privée dans un contexte de différentiation croissante des types et formes de communication. En réduisant le degré de liberté dans les systèmes de communication fonctionnellement différenciés, ce droit accroît la possibilité d'une communication efficace dans son ensemble et devient indispensable aux activités courantes d'une société moderne. Cette approche fournit un dénominateur commun pour les conflits touchant à la vie privée qui n'existait pas auparavant, ainsi qu'une approche non normative pour la résolution de ces conflits.Le deuxième essai s'appuie sur la thèse de la fermeture normative du système juridique afin de fournir un cadre d'analyse sociologique, auparavant inexistant, pour l'examen empirique des doctrines d'interprétation constitutionnelle actuelles. Ce cadre d'analyse est utilisé à l'étude de la jurisprudence de la Cour suprême des États-Unis en matière de révision judiciaires de lois concernant l'avortement et l'homosexualité. Si la variabilité des décisions de la Court est souvent interprétée comme étant politiquement ou idéologiquement influencée, plutôt que juridiquement déterminée, l'examen des opinions de la Cour montre que la doctrine juridique permet l'un sans pour autant compromettre l'autre. Les principes d'interprétation d' « originalism » et de « living constitutionalism » se révèlent être des stratégies complémentaires et fermées sur le plan normatif afin de réduire la complexité du droit et de son environnement.Le troisième essai établit un lien entre les contours changeants du droit à l'égalité et la différentiation fonctionnelle, à la lumière d'un examen de la jurisprudence post-bellum de la Cour suprême des États-Unis sur les questions raciales. Bien que la variabilité des décisions de la Cour concernant la classification raciale est souvent attribuée à la dynamique de conflits entre différents groupes ou institutions, l'essai démontre que la position de la Cour sur la classification raciale concernant le service de juré, le suffrage et l'accès au transport en commun, au logement et à l'éducation reflète une reconnaissance juridique de la différentiation fonctionnelle du droit, de la politique, du commerce et de l'éducation, respectivement. La division actuelle de la Cour concernant les programmes de discrimination positive est abordée à la lumière de cette analyse. Les résultats de ces analyses viennent appuyer l'accent mis par la théorie des systèmes sur la fonction spécifique du droit dans la reproduction d'un ordre social par la stabilisation d'attentes normatives généralisées. En outre, ils confirment le potentiel de la théorie des systèmes sociaux d'éclairer à bon escient la recherche empirique en sociologie du droit et de conférer une certaine cohérence à ce domaine.
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3

Abold, Justin Lewis. "Brokers of uncertainty? : a sociology of law enforcement analysis." Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:fea0bd7d-44db-4891-9392-67ff4e0f16da.

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Law enforcement analysis is increasingly utilized by police organizations to help its warranted officials understand the public safety and security environment and make decisions about threats, harms and risks. While there is a well-developed practitioner literature and a number of evaluative studies about law enforcement analysis, there has been little empirical research into the day-to-day work practice of law enforcement analysis. This thesis utilizes participant observation and semi-structured interviews to construct an ethnography of the daily work practice of law enforcement analysis in three sites in the USA, Ireland and the UK. This empirical research at the intersection of the organizational structures and work cultures of both the law enforcement analytic units and the larger police organisation to which they belong helps explain not only how knowledge is created but also what knowledge and why. The thesis concludes that while law enforcement analysis produces valuable knowledge about current threats and harms and plays a role in organizational risk management, a variety of factors circumscribe the type of knowledge that is produced. The result is that the future is left largely unknown and that law enforcement analysts play a limited role in brokering organizational uncertainty about the public safety and security environment.
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4

Janssen, Brian Charles. "Explaining rape law severity." The Ohio State University, 2004. http://rave.ohiolink.edu/etdc/view?acc_num=osu1407145459.

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5

Souaiaia, Ahmed E. "The sociology of inheritance : privileged parlance & unearned rights /." Thesis, Connect to this title online; UW restricted, 2002. http://hdl.handle.net/1773/10835.

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6

Fitz, J. "Childhood and the law." Thesis, Open University, 1985. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.371245.

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7

Pal, Maia. "The politics of extraterritoriality : a historical sociology of public international law." Thesis, University of Sussex, 2013. http://sro.sussex.ac.uk/id/eprint/45248/.

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This dissertation develops a historical and theoretical reconstruction of the category and praxis of extraterritoriality in the fields of International Relations and Public International Law. The analysis first addresses the dominant Neo-Liberal tradition and its focus on the concept of 'judicial globalisation', before engaging with critical and Marxist studies that rely on imperialism and capitalism as explanatory phenomena. In response, the thesis argues that extraterritoriality is a political process, covering a set of jurisdictional struggles determined by contested social property relations. As legal strategies of accumulation, these struggles can neither be explained by a chronologically and discursively progressive deterritorialising world order, through which they emerge as depoliticised events, nor by structural and functional theories of capitalist or Western imperialism that narrowly assume their logic and behaviour. This argument emerges from the analysis of three historical case studies: 16th to 17th century Spain, 17th to 18th century France, and 19th century Britain. Each case, set in its international context, evinces the role of specific intellectual debates, juridical institutions and legal strategies of accumulation in shaping contending extraterritorial regimes and legal world orders. Thereby, the thesis reformulates a Political Marxist approach as a historical sociology that places the actors and politics of international legal processes at the forefront of the history of Public International Law. This approach enables a non-determinist understanding of contemporary extraterritoriality. It dissociates its analysis from a naturalised history of judicial globalisation and from a monolithic history of capitalism, to resituate extraterritorial practices in a more open and contested field in between those of International Relations and Public International Law. In conclusion, examining the politics of extraterritoriality exposes Public International Law as a practical site of struggle between legal strategies of expansion, accumulation and resistance. This historical and theoretical reconstruction asserts the political legitimacy and agency of otherwise excluded legal actors and ideas, affected by and involved in the multiple transitions in the forms of sovereign jurisdiction and territorial control.
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8

Spencer-Brand, Jane. "Autonomy, community and law : a rational reconstruction." Thesis, University of Cambridge, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.361716.

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9

Sandberg, Russell. "Religion, society and law : an analysis of the interface between the law on religion and the sociology of religion." Thesis, Cardiff University, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.525073.

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This thesis is an investigation into teachers' status in Kuwait, what it is and the reasons for it. The question was posed and systematically investigated as to the standing of teachers, an issue of great significance for Kuwait and its education system. The thesis also explores the connections between teacher status and teacher education and the possibility of using improvements in teacher education to raise the status of teachers. The study is heavily based on empirical work, specifically: three substantial surveys and a case study that includes a fourth smaller survey. The collection of data is predominantly, though not exclusively, quantitative. A short questionnaire on teachers' status was administered to, 5200 citizens, 0.65% of the popUlation, using a network or 'snowball' technique. A longer questionnaire was administered to 320 final-year students in a cross-section of Kuwaiti secondary schools. A third questionnaire was administered to 1200 teachers (4% of the teacher population). The response rates for all three surveys exceeded 95%. The hypothetically significant variables considered in these surveys variously included gender, socio-cultural group, age, family status, academic ability, professional experience, subject specialism and nationality. In addition, an extended case study was carried out in the College of Basic Education, the training institution for primary teachers in Kuwait. The findings of these surveys and of the case-study are compared with each other and, to a lesser extent, with previous research that has been conducted in regard to teacher status in other educational systems. At an early stage of the analysis, some findings were presented to two members of the 'educational elite' in Kuwait for their interpretation and comment. The following are some examples of the findings of the study. Kuwaiti society sees the relative status of teachers as middle-order. The public have higher views of teachers than either teachers or trainee teachers have of themselves. The standing of the College of Basic Education is perceived as low by all sectors, including trainees at the college. Up to 28% of school-Ieavers were conSidering teaching as a career option, but almost none of these are academically able students. Kuwaitis choose teaching very much more for pragmatic than for 'vocational' reasons. Sociocultural group is the variable with the widest influence on the matters investigated. Gender is less significant than expected in some areas.
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10

Kachroo, Gaytri. "Children, violence, and law." Thesis, McGill University, 1990. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=59922.

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In this dissertation, I reconceptualize the concept of violence to consider its physical, sexual, psychological and economic dimension. I attempt to add to existing meanings of "violence" to include not only forms of abuse on the individual and group level but also abuse practiced by legal, political, ideological and economic institutions in a collective and systemic manner. Due to the significance of child maltreatment around the globe, I focus on the impact of law on this problem specifically through a study of domestic and international use of the best interests' doctrine; evidentiary issues relating to children; child abuse reporting mechanisms and protection schemes in Canada and elsewhere; and the international protection of children's rights. Lastly, I analyze the benefits of a reoriented rights-based approach to empower children within and without the legal arena.
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11

Gerstner, Christian. "Online sociological research : methods, ethics and the law." Thesis, Keele University, 2013. http://eprints.keele.ac.uk/3823/.

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This thesis offers a comprehensive examination of the dilemmas posed by cyberspace for contemporary social research and in how far current ethical frameworks can manage the risks that may emerge in this new research environment. The study is situated in the period of 1998 to 2010, during which the social uses of rapidly converging technological tools led to the extension of the social world into a new social sphere of social interaction called cyberspace. Social scientists have been quick to explore this sphere; however, as the dominant discourses are based on ideas of newness and difference there is uncertainty over what kind of space it is, whether we can transfer existing methods and ethics and what rules apply in the conduct of research. The thesis first investigates the extent to which the technological tools and ethical dilemmas encountered in cyberspace are in fact new or different. This then necessitates a detailed engagement with the conceptualisation of cyberspace. Thereafter it closes a gap in dominant conceptualisations of cyberspace by offering insights into its legal and regulatory foundations. Next, the thesis reflects on legislation and regulations to identify emerging risks that emerge in everyday social research practice in the online environment. These risks are then used as vignettes to test current ethical guidance’s ability to manage them. The thesis argues that disciplines within the social sciences need to be continually reflexive about their encounters with new spaces, and concludes that cyberspace demands significant engagement with the difficulties posed by the rapid pace of change of technological development and regulatory and legislator foundations in order to manage risk in online social research. Thus while online research is the focus, the potential of this thesis is to offer a historical insight into the reflexivity of the discipline in particular in how successfully it encounters new spaces of/for research.
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12

Russell, Robert Scott. "Evaluation of an Early Intervention System at a Law Enforcement Agency." Thesis, Nova Southeastern University, 2015. http://pqdtopen.proquest.com/#viewpdf?dispub=3666992.

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The problem addressed through this program evaluation was that no formal study had been conducted regarding the implementation and effectiveness of the BlueTeam Program (BTP) within the law enforcement agency (LEA) serving as the study site. The BTP is a program that utilizes a computer application to track officer behaviors and alert administrators to potential trends in officer misconduct and complaints against officers. The program evaluation was guided by the process and product segments of Stufflebeam's (2003) content, input, process, and product model.

To conduct the evaluation, the researcher used a mixed methods approach for analyzing both qualitative and quantitative data. The perceptions of LEA stakeholders regarding the BTP, such as the sufficiency of staffing, budget, training, and ongoing support for effective implementation, were first collected. Quantitative data, consisting of archived, deidentified indicators of officer misconduct and complaints against officers acquired through the BTP, were then analyzed.

Findings of the study were that the BTP was effective in reducing incidents of officer misconduct and complaints against officers and for use in identifying which alerts were valid indicators of misconduct and complaints against officers. The one concern of stakeholders involving the BTP was limited nighttime vision; the recommendation for program improvement is that this shortcoming be addressed to determine possible solutions. Recommendations for future research involve the need for initial determinations, as well as formative evaluations, pertaining to the following three areas: (a) ascertaining the way in which the early intervention system will be used, (b) identifying the indicators of misconduct that will be tracked, and (c) determining the threshold at which the system will issue an alert.

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13

Dugan, Kimberly Beth. "Culture and Movement-Countermovement Dynamics: The Struggle over Gay, Lesbian, and Bisexual Rights." The Ohio State University, 1999. http://rave.ohiolink.edu/etdc/view?acc_num=osu1392119539.

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14

Sahni, Isher-Paul. "The administration of justice : an exegesis of Max Weber's 'sociology of law' with a focus on the English law and judge." Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=85202.

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This study examines two interconnected and as yet wholly neglected aspects of Max Weber's 'Sociology of Law,' namely, its substantive underpinnings and focal concern with the status of the judge. At the heart of the 'Sociology of Law' is a comparative analysis of the Continental and the English administrations of justice, which can best be understood when read against his substantive sociology and which requires an assiduous reading of the 'Sociology of Law.' Thus the first part of this examination elucidates Weber's overarching concern with the effects of bureaucratization on the development of personality. The second part provides a detailed explication of the 'Sociology of Law' which privileges his treatment of the Common Law and distinguishes the juristic and sociological strands of his analysis, re-examines his notion of formal and substantive rationality, pays close attention to his assessment of the Free Law Movement, and accords due place to his discussion of the anti-formalistic tendencies in modern law. Taken together, these expose the contradictions and assumptions which frame his tendentious analysis and bring to light the vital role he ascribes to the judge.
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15

Kheroua, Ahmed. "The cultural dimension in international law : "the case of the Arab world" : a theoretical essay in the sociology of international law." Thesis, University of Glasgow, 1994. http://theses.gla.ac.uk/6632/.

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16

Frias-Armenta, Martha. "Law, psychology, family relations and child abuse in Mexico." Diss., The University of Arizona, 1999. http://hdl.handle.net/10150/288957.

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The purpose of this study was to empirically assess the validity of legal assumptions regarding the use of physical punishment by Mexican parents with their children. Three legal assumptions were identified and tested in the studied Mexican legal framework: (1) parents always act in the best interest of their children; (2) non-severe physical punishment is an adequate and nonharmful strategy for rising children; and (3) parents discriminate between moderate/corrective punishment and severe child abuse. One hundred-fifty mothers living in the Northwestern Mexican State of Sonora were interviewed regarding their use of physical punishment with their children, their knowledge of the law regarding their and their children's' rights and duties, their perceptions of their legal obligations in regard to their disciplinary practices with their children, their disciplinary beliefs, their monitoring of their children, the frequency of maltreatment they received from their parents, their levels of depression/anxiety, their antisocial behaviors, and their alcohol consumption levels. In order to validate the legal assumptions, three structural models were specified and tested. The first model tested the assumption that physical punishment is used in the best interest of children. In this model, the perception of a legal prerogative to use physical punishment was found to increase violence against children. In contrast, parental knowledge of child and parental rights and obligations was inversely related to punitive disciplinary beliefs, while such beliefs were positively associated with child punishment and negatively associated with child monitoring. The second model estimated the effect of a history of mothers' vicitimization during childhood on their adult behavior. It was found that being maltreated as a child was associated positively with antisocial behavior and depression/anxiety, which in turn affected positively alcohol consumption and harsh parenting. The third model estimated the covariance between moderate punishment and severe punishment. Results showed that the correlation between them was higher than the factor loadings between each latent construct and their corresponding observed variables. This finding indicates that parents do not discriminate between moderate and severe punishment, invalidating the assumption that parents are aware of limits between what can be considered abuse and disciplinary punishment. The implications of these findings are discussed.
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17

Hiley, Victoria. "In Pursuit of a Good Death: Managing Changing Sensibilities Toward Death and Dying." University of Sydney, 2008. http://hdl.handle.net/2123/2611.

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Doctor of Juridical Science
This thesis challenges a number of claims that are made in the context of the euthanasia debate: that there is only one version of the good death; that rights discourse is the most appropriate vehicle by which to secure legal recognition of a right to die; that the Netherlands is either a model for reform or the epitome of a slippery slope in its regulation of euthanasia; and that a key argument in the euthanasia debate, the sanctity of life doctrine, is a fixed, immutable concept. In this thesis I use process sociology, developed by Norbert Elias, in order to capture changing sensibilities toward death and dying in the common law jurisdictions (Australia, England, the United States of America, Canada and New Zealand) and in the Netherlands. At the same time I analyse changing attitudes among key groups whose work impacts upon the euthanasia debate namely, parliamentarians, law reform bodies, the judiciary and medical associations. My aim in adopting this approach is threefold. First of all, to examine evolving attitudes to death and dying in order to determine whether the institutions of law and medicine are responding in an adequate manner to changing sensibilities in the common law countries and in the Netherlands. Secondly, to highlight shifting balances of power within the euthanasia debate. Thirdly, to assess whether the various options for reform that I discuss are workable or not. In this thesis I show that there appears to be a sensibility of support in the common law countries for euthanasia to be legally available when an adult is terminally ill, is experiencing pain that he or she cannot bear and has expressed a wish to die (the typical euthanasia scenario). However, the situation is far from clear cut. The methods adopted by one of the ways of measuring sensibilities, opinion polls, suggest that sensibilities may not always be well-informed. Further, attitudes within and between key groups are not uniform or settled. In the context of this unsettled state of affairs, I show that responses to changing sensibilities from law and medicine in the common law jurisdictions are far from satisfactory. So far as legal responses are concerned, case law outcomes in right to die applications suggest a lack of flexibility. Outcomes in prosecutions following active voluntary euthanasia or assisted suicide reveal a non-application of established legal principles and suggest that the courts do not focus, squarely, upon the real issues at stake in the euthanasia debate. Medical responses are similarly less than optimal due to a tendency to de-emphasise existential (emotional) pain which, research shows, is the prime motivating factor in requests to be assisted to die sooner. Responses to changing sensibilities to death and dying in the Netherlands are also unsatisfactory because of the disorganised manner in which euthanasia was legalised and because regulation is inadequate. I come to the conclusion that there are three ways in which we could possibly resolve these problems and increase the flexibility of responses to changing sensibilities toward death and dying. They are as follows: by legalising euthanasia; by permitting a defence of necessity; or, by liberalising the use of terminal sedation in end-of-life care. Of these three, I conclude, in light of shifting sensibilities and overall negative attitudes among key groups to euthanasia, that the last is the most appropriate option at the present time. In closing, I address some of the larger issues at stake in the euthanasia debate. In particular, I deal with the effect that changing sensibilities toward the process of dying have had upon human social life, leading to the problematic situation that Elias referred to as the ‘loneliness of the dying’.
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18

Lee, Chulwoo. "Law, culture and conflict in a colonial society rural Korea under Japanese rule /." Thesis, Online version, 1996. http://ethos.bl.uk/OrderDetails.do?did=1&uin=uk.bl.ethos.339141.

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19

McGallagly, James Joseph. "Understanding serious organised crime : the view of law enforcement personnel in Scotland." Thesis, University of Glasgow, 2009. http://theses.gla.ac.uk/1412/.

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This research explores the law enforcement view of serious organised crime in Scotland set within a framework that explores organised crime in terms of its history, definition, group structure, violence and its capacity for corruption. While the focus of the work is on organised crime groups operating in Scotland, organised crime is a global phenomenon consequently, the research draws upon both national and international sources, exploring the literature, research, legal rules, conventions and protocols. The research is however centered upon law enforcement perceptions of serious organised crime as it is manifest in Scotland. Therefore, this dissertation reports the views of Scottish law enforcement personnel obtained using both quantitative and qualitative methods.
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Jonna, R. "Toward a Political-Economic Sociology of Unemployment: Renewing the Classical Reserve Army Perspective." Thesis, University of Oregon, 2013. http://hdl.handle.net/1794/13340.

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The following study is concerned with the problems posed by contemporary unemployment--especially the U.S. but also globally to some extent. The most immediate problem is the dominance of neoclassical models, which routinely neglect the deeper issues raised by contemporary mass unemployment. To go beyond these inadequacies, the study also assesses the performance of sociological interpretations. One key finding is that sociological analyses also largely fail to provide a compelling theory of unemployment and, moreover, that most perspectives implicitly adopt problematic assumptions from neoclassical economics. This highlights the dual nature of the problems posed by unemployment: on one hand, it is an urgent social issue; and, on the other hand, it exemplifies significant weakness within most sociological paradigms. In order to address the challenges posed by unemployment, the narrative centers on the resolution of three key anomalies of unemployment: 1) persistent unemployment; 2) so-called "jobless recoveries;" and 3) the rise of worker precariousness. The anomalies are taken as evidence of paradigmatic contradictions within neoclassical economics and, to some extent, sociology. The main theoretical contribution of the study is a careful reconstruction of Marx's classical theory of the reserve army of labor (part of "The General Law of Accumulation"), which has inspired all critical sociological perspectives on labor markets to date. The investigation highlights distinctive characteristics of "political-economic sociology," a term that refers to economic sociologists who draw heavily on notions of class and power reminiscent of classical political economy and classical sociology, forming an important bridge with heterodox economic approaches. The theory of the reserve army is in need of "renewal," however, because even political-economic sociologist have failed to carry the analysis forward and build upon the firm foundation provided by Marx. The study's conclusion is that the reserve army framework has enormous potential to strengthen existing work within political-economic sociology.
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Jones, Lynn Cerys 1969. "Both advocate and activist: The dual careers of cause lawyers." Diss., The University of Arizona, 1999. http://hdl.handle.net/10150/283993.

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Using data from in-depth interviews with activist lawyers, this dissertation addresses the role of lawyers in social movements. Activist lawyers are a subculture within the legal profession who work to reconcile the multiple identities that they experience as "professionals" and "activists". The data illuminates the ways in which lawyers enter into activism, how they manage their personal and professional identities, and what the consequences of activism are for them professionally and personally. This work challenges the assumption that lawyers act according to their professional roles and have a "deradicalizing" impact on movements. With the exception of the hired gun, who may in fact act as a lawyer, most activist lawyers compare to other activists in their range of behavior, identity processes, and consequences of activism. Activist lawyers are not limited to legal roles, and being a lawyer is not always a factor in their activism. Those that are characterized as "core activist lawyers" are embedded in activist networks that allow them to maintain both work and activist roles and identities without much conflict. They have successfully negotiated their professional identities and roles so that they correspond with their activist roles and identities. Findings also contribute to our understanding of professionals in social movements, provide rich data on the role and identity processes in movements, and broaden our understanding of one segment of the legal profession.
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22

Bushaw, Kyle J. "The Effects of Police Body-Worn Cameras on Arrests| Examining the Chicago Police Department's Pilot Program." Thesis, Southern Illinois University at Edwardsville, 2017. http://pqdtopen.proquest.com/#viewpdf?dispub=10274824.

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With overwhelming public support, pressure has been mounting on police departments to improve accountability and public trust by equipping their officers with body worn cameras (BWCs) to reduce police violence and hold officers responsible for excessive use of force, unjustified shootings, and other forms of misconduct. As police departments have begun to employ BWCs, however, concerns have risen regarding the application of this new technology and its potential to benefit police officers more so than the communities they serve. This study focuses on the city of Chicago’s recently implemented Body Worn Camera Pilot Program. The goals of this study were to determine if racial demographics could predict which of Chicago’s 22 police districts received BWCs during its pilot program, and whether and to what extent BWCs and the racial makeup of those districts influenced the arrest to crime ratios within them. A preliminary analysis revealed crime rates were not a statistically significant predictor for whether a district received BWCs. There was, however, an association between race and BWCs, where majority white police districts were much less likely to receive the technology. Standard multiple regressions indicate that as the white population percentage increases, arrests decrease. This finding was statistically significant at the .05 alpha level while controlling for the crime rate and BWC implementation. Three-way mixed ANOVA models were run to compare arrest to crime ratios pre- and post-BWC implementation for overall crime, serious crime, violent crime, non-index crime, and property crime. Although no significant two- or three-way interactions were found in any of the ANOVA models, when plotting the pre- and posttest arrest ratios there were noticeable differences between control and experimental groups across race.

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23

Rayborn, Kimberly Nicole Bryant. "Student perceptions of mentally ill offenders." Thesis, The University of Southern Mississippi, 2016. http://pqdtopen.proquest.com/#viewpdf?dispub=10104495.

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Since deinstitutionalization, the responsibility for mentally ill members of society has shifted to the criminal justice system in a process of trans-institutionalization or “criminalization of mental illness” (Slate & Johnson, 2013, p. 28). Though various groups have been studied to ascertain their perception of mentally ill individuals and offenders, previous research focuses largely on students of psychology, social work, and medicine. Little research has been conducted regarding the perceptions of criminal justice students toward mental illness, despite the increasing involvement of the criminal justice system in treating and handling mentally ill individuals in the past thirty years. This exploratory research serves as a replication to a study which was conducted by Thompson, Paulson, Valgardson, Nored, and Johnson (2014).

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Jarron, Christina. "More nearly social institutions legal regulation and the sociology of corporations /." Phd thesis, Australia : Macquarie University, 2009. http://hdl.handle.net/1959.14/81460.

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"October 2008"
Thesis (PhD)--Macquarie University, Division of Society, Culture, Media and Philosophy, Dept. of Sociology 2009.
Bibliography: leaves 273-293.
Introduction -- Patterns of corporate activity as patterns of corporate dominance: legal, organisational, and economic features of corporations -- Representations of corporate dominance in insidious injuries -- The legal basis of corporate dominance: History of the corporation -- Legal individualism and corporate personhood -- Theories of the corporation -- The legal regulation of corporations - corporate liability laws -- Conclusion.
Corporations are no longer simply a type of business structure; they are dominant social institutions. As institutions, corporations are archetypes of contemporary complex social organisation and should, therefore, be a central concern for sociology. Yet with few notable exceptions, sociologists have failed to address their increasingly dominant position in contemporary societies. In this thesis I argue the importance of a renewed sociological interest in corporations. This must acknowledge, but go beyond, the political-economic outcomes of corporations to address the profound consequences of the legal foundations of the corporate form. Corporations are created and regulated by legal doctrine; it is only with a legal mandate that corporations are able to act as employers, suppliers and investors. On this basis, I claim that any understanding of corporate dominance and its effects must commence with an appreciation of the laws that enable the corporation to exist and operate. -- While contributing significantly to wealth creation, corporate dominance also increases the potential for harm to occur to individuals and communities who fall within a corporation's scope. The contemporary proliferation of industrial illnesses is a prime example of this and is examined through a case study of the operations of an Australian asbestos corporation, James Hardie. This case study is timely and unique in its specification of the link between corporate activity and law in contemporary society. -- I argue that corporate activity such as that in the case study is enhanced and legitimated by the legal description of the corporation that assigns to it the capacities of a human individual through corporate legal personhood. Corporate personhood is examined as an example of the legal individualism endorsed in liberal common law countries. By exploring accounts of corporate structure, decision-making and work processes, I explain how the individualised description of the corporation is at odds with its collective realities; the largest and most successful corporations are collectives of human and monetary resources. -- In light of this, I question the extent to which the effective regulation of corporations can be achieved within existing legal frameworks. Building upon research into workplace health and safety in the United Kingdom, the regulation of workplace deaths in Australia is examined to demonstrate the various approaches to regulating corporations and to identify their shortcomings. This is a striking example of the problems law faces in regulating corporations by virtue of its individualistic design. -- The thesis concludes with an affirmation that sociology needs to grapple with issues of corporate activity and that an understanding of the legal basis of the corporation is the foundation of such studies.
Mode of access: World Wide Web.
295 leaves
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25

Molinaro, Laura A. "Examination of Contributory Factors to the Low Representation of Women in Law Enforcement." Thesis, Northcentral University, 2013. http://pqdtopen.proquest.com/#viewpdf?dispub=3573278.

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Since the passage of the Equal Employment Opportunity Act of 1972, which amended the Civil Rights Act of 1964, female law enforcement officers have battled obstacles and barriers, both external and internal in their effort to gain equality and assimilate into the role of police officer. The problem examined in this qualitative study was the low percentage of women in sworn law enforcement positions of all ranks. Thirty-six sworn female officers currently serving in the state of Arizona were selected to participate in focus group discussions to assist in the phenomenological examination of low representation of women in law enforcement. The female officers were asked a series of questions to facilitate discussion in an effort to explore their experiences and possibly reveal underlying police cultural factors that may lead to limited opportunities for women who choose law enforcement as a career. The qualitative design fostered a sharing of the stories of these female officers and provided an in-depth understanding of their experiences both on and off the job related to their choice of career. Information-rich data provided by the participants served to inform the Arizona law enforcement community concerning the experiences and career choices of women in law enforcement. Discovered through focus group discussions were the reasons women choose law enforcement as a career as well as why they remain in the profession. The excitement of the job coupled with job security, and salary factored into the decision making processes. Data addressing promotion, leadership, and role models were also revealed with female officers advising an inequitable promotional process, yet one in which they believed women needed to participate to improve the profession for others. Recommendations of formal mentoring and succession planning were made along with changes in the recruitment process. Future study should include male participants as well as female participants. Funding sources or sponsoring organizations should be explored in an effort to expand the scope of future study. Conducting focus groups discussions in different parts of the state and for longer periods of time would permit individuals from different areas of the state an opportunity to participate.

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26

Griffiths, Anne M. O. "Law and the family in Molepolole : a study of family disputes in a Kwena village." Thesis, London School of Economics and Political Science (University of London), 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.298701.

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27

Trautner, Mary Nell. "Screening, Sorting, and Selecting in Complex Personal Injury Cases: How Lawyers Mediate Access to the Civil Justice System." Diss., Tucson, Arizona : University of Arizona, 2006. http://etd.library.arizona.edu/etd/GetFileServlet?file=file:///data1/pdf/etd/azu%5Fetd%5F1683%5F1%5Fm.pdf&type=application/pdf.

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28

Huang, Chu Cheng 1964. "Airline labour law : a study of certain labour law rules in international air transport." Thesis, McGill University, 1997. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=34739.

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This thesis examines problems related to particular labor laws currently applied in international air transport. This analysis is framed within the context of scholarly theory and judicial practice arising from various regimes of labor law governing industrial injury, the individual contract of employment, labor-management relations, and fair treatment in the civil aviation industry.
A critical survey of labor regulations operating in the international air transport industry is provided through commentary on the principles formulated by judicial decisions and the theories which underlie their reasoning, helping to clarify both substantive and procedural labor laws affecting international air transport.
A critical analysis of different categories of statutory labor law governing international air transport is also provided to assess the validity of commonly-erected conflict of labor law rules, thereby revealing the inadequacy of the single rule principle in view of the unique and perplexing regulatory interests which are inherent in aviation activity. The divergence between domestic labor statutes and Treaties of Friendship, Commerce and Navigation or bilateral air transport agreements also adds a more subtle aspect to the problems explored.
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29

Foster, Janet. "Culture and community : attitudes in two generations to crime and law enforcement in south-east London." Thesis, London School of Economics and Political Science (University of London), 1987. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.327102.

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30

Behounek, Elaina. "Mediated Relationships: An Ethnography of Family Law Mediation." Scholar Commons, 2015. http://scholarcommons.usf.edu/etd/5909.

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In my dissertation, I use multi-ethnographic methods to examine how mediators talk about, manage, and process families going through divorce. I show how a dominant narrative about marriage and the cultural expectations of parenthood provide a framework for mediators to manage the discourse of divorcing parties so assets and care giving can be split 50/50. The dominant P.E.A.C.E. narrative (P=parenting plan, E=equitable distribution, A=alimony, C=child support, E=everything else) restricts available discourse in mediation and guides mediators’ behaviors in ways that homogenize families by providing a linear formula for mediators to follow which results in only certain stories being allowed to enter the mediation. Next, I show how constructions about power and violence serve to frame and shape understandings of divorce for mediators, thereby guiding their actions in mediation and discursively impacting the discourses of mediated parties. Power and violence are constructed in ways that conflate the concepts, and no clear protocol is offered to manage these complicated concerns for family law mediators. The outcome is mediators report being unsure and often fearful about mediating cases where intimate partner violence is a concern. Finally, an analytic autoethnographic examination of family law mediation provides an example of the power of ideology and makes clear my positionality within this dissertation. I explore my own identity as a white, heterosexual, female, in a world ripe with expectations about marriage and family creation as I encounter alternative messages and information in my fieldwork. Throughout my dissertation, I uncover larger cultural narratives about marriage, and families that guide and manage people, illustrating the ways identities, stories of violence, and the ideology of marriage are shaped.
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31

Richman, Beth Ann. "Rape Law Reform's Limits." Oberlin College Honors Theses / OhioLINK, 1994. http://rave.ohiolink.edu/etdc/view?acc_num=oberlin1316530327.

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32

Pinto, João Vitor Gomes. "Investigação criminal de homicidios em Vitória - ES: uma análise empírica de tensões dominantes e insurgentes no campo jurídico." Universidade Federal do Espírito Santo, 2018. http://repositorio.ufes.br/handle/10/9907.

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Made available in DSpace on 2018-08-02T00:15:14Z (GMT). No. of bitstreams: 1 tese_12159_VERSÃO REVISADA 03 - JOÃO VITOR GOMES PINTO - DISSERTAÇÃO - CIÊNCIAS SOCIAIS - UFES (1).pdf: 2774159 bytes, checksum: b4d9065a36b10b3e5b3816d77b974013 (MD5) Previous issue date: 2018-05-08
O presente trabalho busca a percepção e compreensão do campo jurídico do qual operadores de polícia judiciária, da Delegacia de Homicídios e Proteção à Pessoa de Vitória, capital do Espírito Santo, fazem parte e atuam. Para tanto, além da preciosa contribuição da teoria dos campos para compreender o campo de adminsitração dos conflitos no Brasil- e habitus de Pierre Bourdieu, foi necessário o conhecimento e aplicação de uma construção evolucionista do fenômeno jurídico dentro do marco teórico de Philippe Nonet e Philip Selznick que visa a sua compreensão em três tipos ideais básicos de Direito que se sucedem (ou coexistem) no tempo. Além disso, a compreensão do papel da violência- em suas variadas acepções- no contexto social brasileiro que remonta a uma programação criminalizante e rotuladora de uma massa de excluídos e as benesses a uma elite dominante uma escolha político- criminal que determina, inclusive, os rumos da polícia judiciária. Após essas considerações, iniciou-se um movimento de imersão no aludido campo de pesquisa: via delegacia de homicídio e proteção à pessoa, situada em Vitória, como locus principal de atuação metodológica. Adotou-se um mix metodológico para a compreensão dessa malha fechada e peculiar que é a instituição policial analisando, sob o olhar científico, a atuação profissional na investigação de homicídios da capital capixaba. Dessa forma, buscou-se análise empírica, primordialmente, em harmonia com teorias dentro do eixo interdisciplinar Sociologia e Direito, tendo como pano de fundo a ideologia política punitivista detectada, respondendo a pergunta: A prática policial investigativa na capital capixaba estaria nas marcas de uma concepção mais legalista de Direito ou de resposta aos anseios do cidadão? A pesquisa se depara ai com tensões dominantes e emergentes no campo jurídico.
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33

Holtgrave, Vanessa M. "Obsessive-Compulsive Personality Traits in Law Enforcement." Thesis, The Chicago School of Professional Psychology, 2015. http://pqdtopen.proquest.com/#viewpdf?dispub=3673014.

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This research provides original data on the study of obsessive-compulsive personality traits in law enforcement. The study explored prevalence of obsessive-compulsive personality traits (OCPT) in law enforcement (compared to the general population) in association with the occupational need for such characteristics in that profession (orderliness, organized, attentive to detail, display restricted affect, adhere to laws and regulations, and assume leadership roles). While many studies seek to explain police personality, no literature could be found regarding prevalence of OCPT in sworn peace officers. Degree of OCPT was measured by the total mean score on the Five Factor Obsessive-Compulsive Inventory (FFOCI) and compared using a one-tailed independent samples t-test. Differences between two groups across 12 subscales were analyzed retroactively using a MANOVA for qualitative descriptions of each group. Research revealed, with statistically significant results (p<.01), that prevalence of OCPT is significantly higher overall in law enforcement peace officers when compared to non-law enforcement participants. Results from this study contribute meaningfully to police psychology within the field of forensic psychology. Results have the potential to influence supplemental assessment for peace officer candidacy screening.

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34

Shaw, Matthew Patrick. "Shaping the DREAM: Law as Policy Defining Undocumented Students’ Educational Attainment." Thesis, Harvard University, 2016. http://nrs.harvard.edu/urn-3:HUL.InstRepos:27112684.

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In this two-paper dissertation, I examine U.S. Census data from the Current Population Survey Merged Outgoing Rotating Groups to understand how undocumented-student high-school-diploma, college-enrollment, associate’s-degree, and bachelor’s-degree attainment odds have been impacted by the Illegal Immigrant Reform and Immigrant Responsibility Act of 1996 (IIRIRA), which restricted in-state-tuition subsidies to undocumented students, and by in-state-residency-tuition (ISRT) laws that states have passed beginning in 2001, to moderate the effect of IIRIRA. I use difference-in-difference estimation strategies to attempt to establish causal effects. Using Mexican foreign-born-non-citizen status as a proxy for undocumented status, and therefore the treatment group, I compare enrollment and degree-completion outcomes for college-aged likely undocumented persons before and after the laws’ effective dates, treating the laws as an exogenous shock, with similarly situated documented persons as a control group. I find that IIRIRA led to sharp declines in educational attainment among likely undocumented youth, and that ISRT has been helpful, but alone insufficient to cure the harms caused by IIRIRA. Using a blended framework that uses liminal legality to understand the college choices of undocumented youth, I conclude, after Abrego and Gonzales (2010) and others that undocumented residency status as administered by IIRIRA converges over time to be a master status that makes the cost of attending college prohibitive while nearly eliminating any benefits. My research has implications for the continuing debate over the proposed Development, Relief, and Education for Alien Minors (DREAM) Act, the Obama administration’s Deferred Action on Childhood Arrivals (DACA) program, the education of undocumented students and the legal treatment and incorporation of undocumented people into U.S. society.
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35

Hublar, Anne Elizabeth. ""What Do You Mean When You Say?"| Gender-Linked Language and Courtroom Testimony." Thesis, Indiana University, 2015. http://pqdtopen.proquest.com/#viewpdf?dispub=1602449.

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Gender-linked language penalizes women by both systematically devaluing women’s speech and limiting its form and content. In 1975, Robin Lakoff claimed that gender-linked language was a key diagnostic for gender equality within society. Forty years later, this interdisciplinary analysis brings together feminist, legal justice, sociological, and linguistic perspectives to examine the courtroom testimony of female domestic violence victims for compliance with gender-linked language norms and subsequent success in obtaining protective orders. Testimony was evaluated for compliance with Mulac’s Gender-Linked Language Effect (GLLE) as well as additional variables uncovered through research and experience. Results showed that all petitioners used female-linked variables at a consistent rate but that those who used more male-linked variables received fewer protective orders. The results of this analysis will serve to inform judges and legal professionals in their evaluation of women’s narratives without bias, fill a gap in research on the effects gender-linked language in courtroom testimony, and uncover the presence of the GLLE in everyday life. Most importantly, this analysis provides a rationale for eliminating gender-linked language as an extralegal barrier to protection helping to ensure that all citizens receive equal protection from the Court regardless of gender.

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36

Sabbagh, Muna. "A lack of parental responsibility for young offenders? : a developmental approach to the adolescent risk-taking stage." Thesis, Kingston University, 2016. http://eprints.kingston.ac.uk/35811/.

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Parental responsibility for young offenders is a social construct which is ambiguous and taken for granted. The responsibilisation of parents and carers not only makes them culpable for their child's criminal conduct but generalises the parenting role, giving insufficient attention to differentiating factors; for example, generalisations in relation to ethnic minority groups and gender-specific issues. Therefore, the concept needs further examination than is provided by the current literature in order to clarify its inferences aimed at parents, whose personal circumstances differ. The current literature in this area focuses on the concept of parental responsibility, either being a cause of youth offending or as a rationale for unnecessary state intervention into family lives. However, based on the rights of the child as an offender, this thesis argues for a clearer understanding of the phrase 'a lack of parental responsibility' when attributed to parents of young offenders. This thesis gives greater clarity to the social construct of parental responsibility for young offenders by drawing on the disciplines of law, criminology, psychology and economics. The developmental approach proposed by Professor Rutherford is highlighted as an alternative form of intervention aimed at young offenders in contrast to formal state intervention. The approach proposes use of the family, school and community as means of diverting young offenders away from reoffending. This thesis expands on the approach by identifying specific methods of implementation into these institutions in order to ensure the child's rights are met. Therefore, this thesis brings to the fore the recognition of parental autonomy in relation to young offenders rather than the traditional view of parental accountability for their child's conduct. It analyses the elements that make up a lack of parental responsibility, which contributes to the existing literature in this area, and the implications the phrase has for legal and social policy.
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37

Eklöf, Julia, and Olivia Folcker. "Att avlasta eller belasta? : En kvalitativ studie om användningen av utdrag ur belastningsregistret inom transport och logistik." Thesis, Södertörns högskola, Institutionen för samhällsvetenskaper, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:sh:diva-34235.

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Over the last few decades there has been a statistical increase for the use of criminal background check. Organizations that operates in the business of transport and logistics have developed the control of criminal records before employment as a standardized recruitment tool. This, despite of the lack of constitutional support for the use of it. This study aims to study and problematizing the use of the criminal records. Furthermore, this study aims towards a deeper understanding of how organizations reasons and how the assessment is made if an individual has been previously convicted. The empirical material is gathered through qualitative interviews with representatives from different organizations working within the bransch. The results shows that despite the lack of constitutional support, all informants base their assessment in a similar way. Theoretically, this indicates that a moral structure has been developed around this issue. Through the study's theoretical framework, the study’s findings indicate that the criminal record is perceived to contribute to producing trust, reducing risks and increasing organizations security.
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38

Melo, Tarso Menezes de. "Ambiguidade e resistência: direito, política e ideologia na neoliberalização constitucional." Universidade de São Paulo, 2011. http://www.teses.usp.br/teses/disponiveis/2/2139/tde-10052011-092250/.

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O presente trabalho tem por objetivo demonstrar como o direito, ao passo em que exerce função essencial como instrumento de dominação entre classes sociais, apresenta-se também como importante instrumento de resistência política da classe trabalhadora. Tal importância ultrapassa a simples efetividade das normas no campo jurídico e ganha especial relevância na forma como se traduzem juridicamente as lutas de classes, o que faz com que as reivindicações políticas transformadas em direitos, por mais que em grande medida se neutralizem de acordo com os interesses hegemônicos, permaneçam no horizonte político da sociedade, alimentando a tensão por transformação social. Para tanto, este trabalho percorre um itinerário teórico dividido em três movimentos. Inicialmente, estuda a forma como se constitui e complexifica a noção de ideologia nas obras de Karl Marx, desde as obras iniciais até sua reflexão mais madura. O segundo movimento é dedicado a localizar o papel exercido pelo direito no conjunto da ideologia social e indaga as possibilidades de uma teoria da ideologia jurídica. Em seu terceiro e último movimento, a fim de demonstrar concretamente a problemática da tese, dedica-se à investigação da relação entre ambiguidade e resistência no caso dos direitos sociais, em especial os direitos dos trabalhadores previstos na Constituição brasileira de 1988, cuja vigência se dá sob forte pressão neoliberal. Neste passo, aproveita-se fartamente do diálogo com a sociologia crítica do trabalho contemporânea, no intuito de verificar como as lutas concretas dos trabalhadores transitam entre o direito, a política e a ideologia.
The present work intends to show how law plays not only an essential function as an instrument of domination between social classes, but it is also an important element of working class political resistance. This importance exceeds the rules established in the juridical field and reaches special relevance in the way that it translates class struggles, what makes political claims turned into rights, in spite of the fact that its large measure could be neutralized according to hegemonic interests, remaining on the societys political surface, feeding the social transformation tension. This work follows a theoretical line divided in three movements. Firstly, it studies the way that ideological notion in Karl Marxs work is established and complexified, since the beginning of his works until the most mature ideas developed by him. The second movement intends to find the role played by law in the social ideological field questioning the possibilities of a juridical ideologys theory. The third and last movement, is developed with the main intention to show effectively what this thesis is all about, it also proposes an investigation on the relations between ambiguity and resistance in social rights case, mainly based on workers rights provided in 1988s Brazilian Constitution under the neoliberal pressure. In this sense the discourse of the contemporary critical sociology of work is widely used, aiming to verify how real working class fights flows through the law, politics and ideology.
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39

Wasim, Fatima. "South Aasian American daughter-in-law/ mother-in-law relationships, cultural values conflict, and help-seeking for domestic violence." Thesis, Oklahoma State University, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=3641446.

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The South Asian American population growth rate is high, however, there is little research regarding their mental health concerns and low utilization of services. One of the most understudied and complex issues is the interpersonal relationships of South Asian women, specifically the relationship between a daughter-in-law and mother-in-law. This study is a first to examine the relationship between a South Asian daughter-in-law and mother-in-law living in the US through a combination of feminist and relational-cultural perspectives. Also investigated are the help-seeking sources daughter-in-laws use for personal/emotional and domestic violence concerns. Participants in this web-based, descriptive study were 155 married (or previously married) South Asian American women (ages 18-69), who had a mother-in-law. Most identified as Muslims or Hindus. T-tests, correlations, and standard multiple regression analyses were used to examine the relationship between the daughter-in-laws' perceptions of their relationship with their mother-in-laws, cultural values, and formal and informal help-seeking for personal/emotional and domestic violence issues. Instruments used were adapted to be culturally sensitive. Thirty-five percent of the participants reported psychological abuse and 23% reported emotional abuse by their mother-in-laws. All identified caring and controlling aspects of their relationship with their mother-in-law. Most of the women did not meet full criteria for partner violence, however the daughter-in-law/mother-in-law relationship differed between the women who were abused by their partner and those who were not. Perceived care and control from mother-in-law was related to daughter-in-law's sex role expectations, partner violence, and help-seeking. Daughter-in-law's help-seeking sources differed depending on the type of problem; as with previous studies and cultural expectations most identified informal help-seeking sources. Higher care from mother-in-law predicted lower help-seeking intentions from mother-in-law for personal issues and domestic violence. Sex role expectations and partner violence predicted help-seeking from minister for personal issues. Intimate relations and partner violence predicted higher likelihood of help-seeking from minister for domestic violence. To promote interpersonal health among South Asian American women, it is necessary to explore and comprehend the nature of in-law relationships and study both positive and the negative in-law relationships. Implications of these findings for women's personal relationships, for clinical work and future research needs are discussed.

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40

Gerber, Thierry. "Money laundering - a comparative study between the law in Switzerland and in the U.S.A." Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23311.

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In order to help the fight against organised crime, particularly drug dealing, the problem of money laundering has become more significant.
The various techniques used by money launderers are also subject of this thesis. Through the many ways utilised to launder money, it shows how difficult it is to pinpoint what action is on the border of legality and what is not.
These difficulties become more apparent when precise analysis is made of the law as applied in both Switzerland and the U.S.A.
Neither approach has proven successful. On the contrary, the question of constitutionality of many rules becomes relevant. Many authors do not find the application of the laws easy from the point of view of constitutional law.
The present thesis suggests to review the present laws and redefine them in a simpler manner which makes them acceptable internationally.
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41

Douglas, Heather Anne. "Legal narratives of indigenous existence : crime, law and history /." Connect to thesis, 2005. http://eprints.unimelb.edu.au/archive/00001751.

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42

Al-Ghadyan, Soliman A. "Using multisystemic treatment for treating juveniles with serious delinquent behaviour in the social observation home in Riyadh city in Saudi Arabia." Thesis, University of Hull, 2001. http://hydra.hull.ac.uk/resources/hull:3538.

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This study was conducted to examine the use of multisystemic treatment for treating juveniles with serious delinquency, as a new approach within the Saudi Arabian context.Multisystemic treatment addresses behaviour problems as multidetermined by interacting individual, family, school, peers, and community systems. This study attempted to determine the impact of the multisystemic therapy on the behaviour of young offenders with serious delinquency and in increasing their level of self-esteem and religious behaviour.The fieldwork was conducted in 2000-0 I in the Social Observation Home in Riyadh City. The project consisted of three parts: therapists training for one month, a treatment programme for three months and follow up, conducted in two periods of two months each, with a seven months interval. An experimental and control group, prepost test design was adopted. Twenty juveniles with serious delinquency (age 14-18) were assigned to each group. The experimental group received multisystemic treatment, and the control group received the Home's usual service (individual therapy).Outcomes were measured by, self-reports (Coopersmith Self-Esteem Inventory and Level of Religious Measurement), official misconducts, family relations, peer relations, school attendance & grades and observed religious practice. Qualitative information was obtained from six case studies (three experimental, three control) and from interviews with young offenders, their relatives and the Home staff.The results indicated greater gain and long-term positive impact on the behaviour of young offenders in the experimental than in the control group, on all measures. The improvement in self-esteem and religious practice in association with multisystemic treatment are especially noteworthy, as these factors have been subject to little or no previous investigation, and are particularly important in relation to delinquency in the Saudi context.It is concluded, that provided appropriate resources are allocated to the application, multisystemic treatment can be adapted to meet the unique cultural concerns of the Saudi context.
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43

Clare, Emma. "Men, society and crime : an exploration of maleness and offending behaviour." Thesis, University of Hull, 1998. http://hydra.hull.ac.uk/resources/hull:3695.

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This thesis is the culmination of years of wondering why we ask people to 'be' certain things. One of the first things you notice about people is their keenness to be able to categorise things, so quickly human beings become men and women, criminal or non-criminal, healthy or sick. To deal with the world around us we reduce the infinite to a schema and then judge the infinite within that schema. We often forget that that 'the way things are' are not necessarily normal or natural. We come to expect men and women to act, behave and feel in certain ways rarely questioning the necessity of these expectations or the possible damage such expectations may create for the individuals required to 'fit' them. Studies of 'female' criminality and imprisonment highlighted the effects that socialisation into appropriate female gender roles has on the lives of women. If one starts from the premise that there are no major inherent differences between men and women, that is you view them as people first, this finding raises the question what impact does the socialisation of men into appropriate male gender roles have on men? This thesis attempts to explore the impact of socialisation of men into appropriate gender roles and what role, if any, their involvement in crime might play in men's attempts to 'be men'.
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Grant, Daniel Logan. "Supervising sex offenders in the community." Thesis, University of Hull, 1998. http://hydra.hull.ac.uk/resources/hull:5724.

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At the core of this exploratory research project, which sets out to examine community supervision of men convicted of sexual offences, is the introduction and development of a new model; the Sex Offender Risk Management Approach (SORMA). Essentially, SORMA describes a system of multi-agency risk management of sexual offenders in the community, and in so doing, utilizes the most convincing, comprehensive and influential research, models and theories that contribute to current thinking about control and treatment of sex offenders. In this concerted attempt to develop, through research, a model which harnesses the established value of credible and valid methods of intervention, the reader will recognise elements originating from key strands of celebrated work. SORMA is not, however, a simple re-arrangement of these existing contributing components. Vital as they are, they undergo critical analysis and are challenged, at times with considerable rigour to identify evidence to support existing claims of efficacy. SORMA does not add further conjecture to the existing and, some may say, complacent quasi-therapeutic treatment orthodoxy; rather, it disturbs it, to provide a reconsideration of the aims and purpose of the work, finding a broader context in which to examine these existing intervention strategies. The political and professional values that underpin this work are considered as are the ethical boundaries of probation supervision. SORMA involves seven key components and each of these is explored in this work. The development of this model and the testing of it are detailed in the subsequent chapters. I will say no more about it at this point other than to invite the reader to consider these components together in their condensed form, for an oversight at this point will help to project the critical elements used to compose this research and fashion the outcomes. SORMA is: 1) Unambiguously concerned with Social Control 2) Clinical Treatment and Therapy 3) Situational Crime Prevention 4) Actuarial Risk Assessment and Management 5) Surveillance 6) Multi-Agency Collaboration 7) Maximisation of Legislative Authority. These components are examined in Chapters 1-3 where they withstand analysis to provide the foundation for SORMA. This is presented as layered discussion guiding the reader through each separate area, whilst constructing the framework of the model itself. In the subsequent chapters, SORMA is fashioned, applied and discussed. Appearing as it does in the final chapter SORMA, as a processual model, becomes a practice utility ripe for implementation and further development.
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45

Sharpe, Karen. "Red light, blue light : prostitutes, punters and the police in a northern city." Thesis, University of Hull, 1995. http://hydra.hull.ac.uk/resources/hull:3590.

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46

Milne, Emma. "Suspicious perinatal death and the law : criminalising mothers who do not conform." Thesis, University of Essex, 2017. http://repository.essex.ac.uk/20474/.

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How should the criminal justice system respond to women who conceal their pregnancies, resulting in the death of the foetus or baby? It is widely expected that a pregnant woman will act in the best interests of her unborn child, including submitting herself to medical examination. However, these expectations are not always met and this causes particular problems for vulnerable women who experience crisis pregnancies. In such situations women have hidden their pregnancies, given birth in secret, and are suspected of causing the death of the baby. Alternatively, their actions while pregnant, and during labour and delivery are deemed to have culminated in the stillbirth of the child. While there are no accurate statistics, every year approximately 7 babies/foetuses are known to die in such circumstances during the perinatal period. Through a detailed examination of transcripts from sentencing hearings of criminal cases heard 2010-2014, I explore how and why women involved in such cases have come to be dealt with through English criminal law. There appears to be a strong desire to criminalise women who are perceived to fail to put the foetus first. Criminal justice professionals use out-dated offences to capture these perceived criminal wrongs. I conclude that if the state wishes to punish women for harm caused to the foetus, then the enactment of foetal protection laws would be appropriate. However, as critical assessment of such law in the United States of America illustrates, such laws could have dramatic consequences on the rights of women. The cases analysed in this thesis provide a fascinating lens through which to examine a range of broader issues including, the expectation that women should put the needs of the foetus before their own, and the assumption that motherhood starts at conception and is natural and inherent.
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47

Lifschitz, Ronnit. "The artisan and the ghost : rewriting the subject of labour law." Thesis, McGill University, 1998. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=21690.

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The subject constructed by and for labour law---the "worker"---is bodiless, sexless, genderless, and male. This thesis investigates how and why this construction occurs both through a discussion of general theoretical issues surrounding the way law constructs its subjects, and through a specific case study. The case study considers a set of sexual harassment cases decided in the "mainstream" unfair dismissal jurisdiction. As a site of women's overt presence in the labour market, these cases are disruptive to settled constructions of "the worker", particularly because they connect the sexuality of women (and their gender) to their status as worker. In so doing, they suggest the possibility of a "womanworker"---a woman who is simultaneously woman and worker. The thesis concludes by exploring the consequences of this possibility and asks how the recognition of women's experiences, needs and specificities can allow the subject of labour law to be reconstructed.
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48

Barker, Bobbie Jo. "(Un)changing views of rape and rapists in the law, sociology and social constructionist literature, a social constructionist approach." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0027/MQ39802.pdf.

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49

Williams, Monica Jeanne. "No Good Place| Community Responses to Violent Sex Offenders." Thesis, University of California, Davis, 2013. http://pqdtopen.proquest.com/#viewpdf?dispub=3596971.

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Responses to sex offenders often involve collective campaigns that target political and criminal justice systems rather than individual offenders. Scholars have described these community responses as part of a broader moral panic, but that interpretation generally overlooks differences in the form of responses across places. This dissertation uses data from case studies of three California towns to examine how local political and legal contexts contribute to variation in community responses to violent sex offenders. I argue that communities' orientations to authority shape how they respond to perceived injustices.

I introduce my main arguments and overarching concepts in chapter one. Then, in chapter two, I explore why communities deploy moral authority in service of their collective goals. Moral authority is an endogenous source of community power, and moral claims emerge within formal institutional contexts that allow for and even encourage morally based arguments. Because these institutions limit the effectiveness of moral claims, communities sometimes turn to other mobilization strategies. Chapter three shows how an orientation to political authority as a source of entitlement contributed to one community rallying around political mobilization. I contrast this case with a second community in which an orientation to political authority as a source of alienation contributed to ambivalence toward political strategies. In chapter four, I argue that the third community's orientation to legal authority as a source of protection contributed to litigation as the centerpiece of their response. I compare this case to the second community in which legal authority was perceived as a source of control, which facilitated indifference toward legal mobilization.

This research contributes to a new perspective on participation in moral panic as a contemporary form of civic engagement. By illuminating the social processes underlying the relationships between communities and formal institutions, my findings have implications for understanding community responses to crime, legal and political mobilization, collective action, and social control within communities. More practically, this research can inform discussions about how community members should be involved in decision-making about sex offender reintegration.

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50

Ntoko, Ngome Emmanuel. "The Civil Party in criminal trials : a comparative study-guide to the criminal procedure harmonization process in Cameroon." Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=22701.

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This study deals with the French action civile, whereby the victim of a criminal offence may participate, as civil party, in the criminal proceedings brought against the offender, and there claim reparation from such offender if he can prove that he has suffered loss or damage directly resulting from the offence. This procedure differs from what obtains in the common-law jurisdictions, where a crime victim's participation in the criminal trial is limited to being a witness for the prosecution, and can only bring an action for damages before the civil courts.
In addition to examining the requirements for the admissibility of the action civile, the study elicits certain procedural and evidentiary issues, such as the burden and standard of proof, the Civilian approach to tortious liability, res judicata, the problem of judicial interpretation of code provisions by a common-law jurisdiction and the respective merits that justify the civil party action. These issues occasionally provide the background for a critical and comparative analysis in relation to common-law procedural practice.
The study also seeks to demonstrate the need for greater victim participation in the criminal process and, thereby, attempts to defeat the generally-held view in common-law jurisdictions that the victim's place is the witness box. In this way, it may be a helpful source of reference for a common-law - Civil law mixed system, like Cameroon's, that is going through a legal harmonisation process, and other common-law jurisdictions that may want to adopt the civil party procedure.
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