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Social Media in Legal Practice (Law, Language and Communication)
by Vijay K. BhatiaThere are multiple aspects of electronically-mediated communication that influence and have strong implications for legal practice. This volume focuses on three major aspects of mediated communication through social media. Part I examines social media and the legal community. It explores how this has influenced professional legal discourse and practice, contributing to the popularity of internet-based legal research, counselling and assistance through online services offering explanations of law, preparing documents, providing evidence, and even encouraging electronically mediated alternative dispute resolution. Part II looks at the use of social media for client empowerment. It examines how it has taken legal practice from a formal and distinct business to one that is publicly informative and accessible. Part III discusses the way forward, exploring the opportunities and challenges. Based on cases from legal practice in diverse jurisdictions, the book highlights key issues as well as implications for legal practitioners on the one hand, and clients on the other. The book will be a valuable reference for international scholars in law and other socio-legal studies, discourse analysis, and practitioners in legal and alternative dispute resolution contexts.
Social Media, Criminal Law and Legality (Routledge Research in the Law of Emerging Technologies)
by Laura Higson-BlissUtilising Lon Fuller’s conception of legality, this book argues that current legal provisions often used to control online abuse aided by social media do not conform to the basic principles of legality in the criminal law, in turn, threatening freedom of expression.How we regulate inappropriate behaviour online, often referred to as online abuse, particularly online abuse aided by social media, is a contemporary concern for governments across the globe. Tragedies, such as the death of a celebrity following a campaign of online abuse, often hit the headlines, followed by the same echo: there should be a law against this. Yet, in England and Wales, numerous laws exist to control, prosecute, and convict individuals who use the likes of social media to harass, intimidate, and abuse others online. So why is the law failing to keep pace with modern technology? This monograph critically examines this fundamental question, from the perspective of legality. Applying criminal law to three growing areas of concern, it covers: (1) racist speech, (2) cyberharassment/cyberstalking, and (3) the sending of abusive messages online. It then turns to examine the latest attempts by UK officials to tackle these issues through the implementation of the Online Safety Act 2023 and France’s, Germany’s, and India’s attempts to regulate social media.The book will be of interest to researchers in the field of criminal law and cyber law, as well as online abuse, harassment, and discrimination.
Social Media, Fundamental Rights and Courts: A European Perspective (Routledge Research in Human Rights Law)
by Evangelia Psychogiopoulou Federica CasarosaThis volume examines European and national higher court decisions on social media from the perspective of fundamental rights and judicial dialogue. While the challenges social media poses for public policy and regulation have been widely discussed, the role of courts in this evolving legal area, especially from a fundamental rights standpoint, has hitherto remained largely underexplored. This volume probes the contribution of national and European judiciaries to the protection of fundamental rights in a social media setting and delves into patterns of dialogue and interaction between domestic courts, the Court of Justice of the EU (CJEU) and the European Court of Human Rights (ECtHR), and between the CJEU and the ECtHR. The book specifically examines the extent and ways in which national and European judges incorporate fundamental rights reasoning in their social media rulings. It also investigates the nature and breadth of the use of European supranational case law in domestic judicial assessment, and analyses the engagement of the CJEU and the ECtHR with the other’s case law. In doing so, the book instils jurisprudential dynamics into the study of social media law and regulation, exploring in particular the effects of European constitutionalism on the shaping and enforcement of fundamental rights in a social media context. Written by emerging and established experts in the field, this book will be essential reading for scholars of comparative, European and constitutional law, as well as those with a particular interest in digital technologies and social media.
Social Media, Truth and the Care of the Self: On the Digital Technologies of the Subject
by Diana StypinskaThis book explores the relationship between (post)truth and subjectivity by focusing on social media as a site of digital subjectification. These days, truth is cheap. Anyone can claim it. Indeed, most do – impudently and without any recourse to facts or objective reality. Truth-claims today are nothing but power grabs, employed in the permanent popularity contest that our culture and politics have become. Correspondingly, our very sense of reality is perpetually uprooted. Post-truth sets us adrift. Navigating by smartphones, we pursue endless mirages, coming to wonder whether the shoreline itself is a myth. The book examines the ways in which different digital practices – such as influencing, trolling and digital activism – operate as technologies of the subject, shaping how we relate to ourselves, others and the world. It argues that social media facilitates the progressive eclipsing of our subjective (dis)positions by the economic imperative. Positioning post-truth as the outcome of unbridled economicization, it exposes the true costs of its supremacy. The critical reflections on the relationship between digital subjectification and the social offered by this book will be of relevance to academics and students working in the fields of sociology, media and cultural studies, politics, and philosophy.
Social Mobility and the Legal Profession: The case of professional associations and access to the English Bar
by Elaine FreerThis book will be crucial reading for students across a variety of disciplines. A broadly socio-legal text, using a mixed-methods design combining grounded theory with an in-depth case study, this research explores a rarely-seen facet of the legal profession. Sociologists studying the practical effect of sociological concepts from theorists such as Bourdieu and Weber; those studying the legal profession from the sociological, law or psychological angles; anyone examining elite professions; management students examining the operation of professional associations and the ways in which these mobilise to take action on controversial topics; those studying the role and creation of outreach: all will find something of interest in this monograph. For those within the legal profession itself it also provides a look into an oft-hidden world: that of the English Bar. A notoriously secretiveprofession, traditional, elite and suspicious of research – the case study evaluatingan outreach programme sheds light on how this fascinating world operates when trying to engage in progressive steps. Through the eyes of a professional association seeking to improve socio-economic diversity in the profession through instituting an access programme focussed on work experience, it examines not just how professional association action may succeed or fail, but why. With foreword by Lord Neuberger, former President of the Supreme Court and Chair of the Working Party on Entry to the Bar.
Social Movements
by Suzanne StaggenborgSocial movements around the world have used a wide variety of protest tactics to bring about enormous social changes, influencing cultural arrangements, public opinion, and government policies in the process. This concise yet in-depth primer provides a broad overview of theoretical issues in the study of social movements, illustrating key concepts with a series of case studies. It offers engaging analyses of the protest cycle of the 1960s, the women's movement, the LGBT movement, the environmental movement, right-wing movements, and global social justice movements. Author Suzanne Staggenborg examines these social movements in terms of their strategies and tactics, the organizational challenges they faced, and the roles that the mass media and counter-movements played in determining their successes and failures.
Social Movements and the Law: Talking about Black Lives Matter and #MeToo
by Lolita Buckner Inniss and Bridget J. CrawfordBlack Lives Matter and #MeToo are two of the most prominent twenty-first-century social movements in the United States. On the ground and on social media, more people have taken an active stance in support of either or both movements than almost any others in the country's history. Social Movements and the Law brings together the voices of twelve scholars and public intellectuals to explore how Black Lives Matter and #MeToo unfolded—separately and together—and how they enrich, inform, and complicate each other. Structured in dialogues and punctuated with informative text boxes, illustrations, and discussion questions, this accessible guide to an increasingly influential area of the law centers rich intersectional analysis of both movements and prompts readers to undertake further reflection and conversation. At a time of heightened public attention to the broader implications of human social behavior and interaction, this book shows rather than tells how people with different perspectives can engage one another with open minds and generosity of spirit.
Social Movements, Law and the Politics of Land Reform: Lessons from Brazil (Law, Development and Globalization)
by George MeszarosSocial Movements, Law and the Politics of Land Reform investigates how rural social movements are struggling for land reform against the background of ambitious but unfulfilled constitutional promises evident in much of the developing world. Taking Brazil as an example, it unpicks the complex reasons behind the remarkably consistent failures of its constitution and law enforcement mechanisms to deliver social justice. Using detailed empirical evidence and focusing upon the relationship between rural social struggles and the state, the book develops a threefold argument: first, the inescapable presence of power relations in all aspects of the production and reproduction of law; secondly their dominant impact on socio-legal outcomes; and finally the essential and positive role played by social movements in redressing those power imbalances and realising law’s progressive potentialities.
Social Networking as a Criminal Enterprise
by George E. Higgins Catherine D. MarcumAs social networking continues to evolve and expand, the opportunities for deviant and criminal behavior have multiplied. Social Networking as a Criminal Enterprise explores how new avenues for social networking criminality have affected our criminal justice system.With insight from field experts, this book examines:The history of social networking
Social Networks - The Modern-Day Family: Law and Policy of Regulation
by Vanessa KirchSocial networks have created a plethora of problems regarding privacy and the protection of personal data. The use of social networks has become a key concern of legal scholars, policy-makers and the operators as well as users of those social networks. This pathbreaking book highlights the importance of privacy in the context of today's new electronic communication technologies as it presents conflicting claims to protect national and international security, the freedom of the Internet and economic considerations. Using the New Haven School of Jurisprudence's intellectual framework, the author presents the applicable law on privacy and social media in international and comparative perspective, focusing on the United States, the European Union and its General Data Protection Regulation of 2018 as well as Germany, the United Kingdom and Latin America. The book appraises the law in place, discusses alternatives and presents recommendations in pursuit of a public order of human dignity.
Social Networks as the New Frontier of Terrorism: #Terror (Routledge Research in Information Technology and E-Commerce Law)
by Laura ScaifeTerrorism. Why does this word grab our attention so? Propaganda machines have adopted modern technology as a means to always have their content available. Regardless of the hour or time zone, information is being shared by somebody, somewhere. Social media is a game changer influencing the way in which terror groups are changing their tactics and also how their acts of terror are perceived by the members of the public they intend to influence. This book explores how social media adoption by terrorists interacts with privacy law, freedom of expression, data protection and surveillance legislation through an exploration of the fascinating primary resources themselves, covering everything from the Snowden Leaks, the rise of ISIS to Charlie Hebdo. The book also covers lesser worn paths such as the travel guide that proudly boasts that you can get Bounty and Twix bars mid-conflict, and the best local hair salons for jihadi brides. These vignettes, amongst the many others explored in this volume bring to life the legal, policy and ethical debates considered in this volume, representing an important part in the development of understanding terrorist narratives on social media, by framing the legislative debate. This book represents an invaluable guide for lawyers, government bodies, the defence services, academics, students and businesses.
Social Norms, Bounded Rationality and Optimal Contracts
by Suren BasovThis book investigates the ways in which social norms and bounded rationality shape different contracts in the real world. It brings into focus existing research into optimal contracts, draws important lessons from that research, and outlines prospects for future investigation. Bounded rationality has acknowledged effects on the power of incentive provisions, such as deviations from sufficient statistic theorem, the power of optimal incentives, and the effects of optimal contracts in multicultural environments. The introduction of social norms to bounded rationality opens up new avenues of investigation into contracts and mechanism design. This book makes an important contribution to the study of bounded rationality by pulling together many separate strands of research in the area of mechanism design, and providing detailed analysis of the impact of societal values on contracts.
Social Ontology and Modern Economics (Economics as Social Theory)
by Stephen PrattenEconomists increasingly recognise that engagement with social ontology – the study of the basic subject matter and constitution of social reality - can facilitate more relevant analysis. This growing recognition amongst economists of the importance of social ontology is due very considerably to the work of members of the Cambridge Social Ontology Group. This volume brings together important papers by members of this group, some previously unpublished, in a collection that reveals the breadth and vitality of this Cambridge project. It provides a brilliant introduction to the central themes explored, perspectives sustained, insights achieved and how the project is moving forward. An initial set of papers examine how ontology is understood and justified within this Cambridge project and consider how it compares with prominent historical and contemporary alternatives. The majority of the included papers involve social ontological analysis being put to work directly in underlabouring for specific types of development in economics. The papers are grouped according to their contribution to clarifying and developing (i) various competing traditions and projects of modern economics, (ii) history of thought contributions, (iii) methodological concerns, (iv) ethics and (v) conceptions of particular aspects of social reality, including money, gender, technology and institutions. Background to and a brief history of the Cambridge group is provided in the Introduction. Social Ontology and Modern Economics will be of interest not only to economists but also philosophers of social science, social theorists and those eager to explore the nature of gender, social institutions and technology.
Social Order through Contracts: A Study of the Qingshui River Manuscripts
by Jian QuThis book is the first Western-language monograph on the study of the Qingshui River manuscripts. By examining over 3,000 contracts and other manuscripts, this book offers constructive insights into the long-standing question of how and why a society in late imperial China could maintain a well-functioning social system with few laws but many contracts, i.e., Hobbesian “words without sword.” Three interrelated questions, what contracts were, how and why they worked, are explained successively. Thus, this book presents a non-stereotypical “contract society” in southwest China, arguing that the social order which provides predictability and regularity for economic prosperity could be formed and maintained through contracts even under the condition of relatively weak influence of governmental and legal authorities.This book benefits readers who are interested in law, society, and history. While presenting the socio-legal landscape of a frontier area in late imperial China for historians, this book provides a novel and empirical interpretation of the supposedly well-known contract device for legal researchers, thereby proposing materials for an integrated theoretical explanatory framework of contracts in general. By employing the innovative theory of blockchain in its key argumentation, the book offers a creative interpretation of historical and social phenomena.
Social Parenthood in Comparative Perspective (Families, Law, and Society #19)
by Clare Huntington Courtney G. Joslin Christiane Von BaryInvestigates social parents – people who function as parents but who may not be recognized as suchin the eyes of the lawWhat makes a person a parent? Around the world, same-sex couples are raising children; parents are separating and re-partnering, creating blended families; and children are living with grandparents, family friends, and other caregivers. In these situations, there is often an adult who acts like a parent but who is unconnected to the child through biogenetics, marriage, or adoption—the common paths for establishing legal parenthood. In many countries, this person is called a “social parent.” Psychologically, and especially from a child’s point of view, a social parent is a parent. But the legal status of a social parent is hotly debated.Social Parenthood in Comparative Perspective considers how the law does—and how it should—recognize social parenthood. The book begins with a psychological account of social parenthood, establishing the importance of a relationship between a child and a social parent and the harms of not protecting this relationship. It then turns to social scientists to identify and explore some circumstances when a child may have a social parent. And to compare legal responses to social parenthood, the book draws on the expertise of legal scholars in nine countries in North America and Europe. The legal contributors describe the existing laws governing social parents, critique their efficacy, and offer new insights. Though almost all of the countries analyzed have adapted to the new reality of family life by recognizing social parents in some manner, the nature and extent of the recognition varies widely.The volume concludes by discussing some of the issues flowing from the decision to recognize social parents, including whether social parents should have the same legal rights and responsibilities as other legal parents, whether all social parents must be treated identically, whether the law should limit a child to two parents, and much more. Families are changing, and the law must adapt accordingly. Social Parenthood in Comparative Perspective charts a way forward by offering solutions to help policymakers consider options for addressing social parenthood.
Social Policy Dismantling and De-democratization in Brazil: Citizenship in Danger (Societies and Political Orders in Transition)
by Sonia FleuryThis book examines the emergence of authoritarian populist regimes, analyzing Brazil as a case study. The authors explain how the tactics employed by the Bolsonaro administration to dismantle bureaucracy and public policies, especially labour and social policies, find expression in the fiscal austerity measures recently inscribed in the Federal Constitution: a counter-democratic device employed by technical and financial elites to systemically derail the social protection system.Through this in-depth case study, the book presents new theoretical arguments and concepts that can be useful to understand the dynamics of such new regimes, and discussing similar cases in other contexts. Democratic governments in Brazil, driven by social movements and political actors, have strengthened social protection through a distinctive institutional architecture that combines the strengthening of public bureaucracies, the creation of intergovernmental networks, and the democratic instances of social participation and agreement. The contributions throughout this volume analyze these transformations in different sectors of public policy, such as labour, employment, pensions, food and nutrition security, health, and social assistance. Each contribution discusses the recent trajectory through a political analysis of the main actors and institutions, reform processes and policy changes, and the results achieved. Finally, the existing weaknesses in each of these social protection sectors are identified in the context of the literature on policy dismantling, revealing the strategies used to take advantage of these political and institutional weaknesses.This book will appeal to students, scholars, and researchers of political science and public policy, interested in a better understanding of de-democratization by social policy dismantling.
Social Policy and Social Justice: Meeting the Challenges of a Diverse Society
by Michael ReischSocial Policy and Social Justice: Meeting the Challenges of a Diverse Society is built on a clear, conceptual social justice framework and provides up-to-date rigorous analyses of contemporary social policy issues, written by experts in their particular areas of research and practice. The book explores the relationship of social policy to economic, social, and culture transformation and the ongoing conflict between universal and population-specific conceptions of social welfare. The fourth edition provides readers with the most comprehensive and up-to-date information and analyses related to social policy and social justice. It discusses the effects of the COVID-19 pandemic on socioeconomic inequality in the U.S.; the Trump administration's impact on social policy; policy initiatives undertaken and proposed by the Biden administration; and the implications of the Black Lives Matter movement on the development of anti-racist social policies. The text examines ongoing political and ideological conflicts on social policies that affect women; the consequences of recent changes in the Supreme Court and federal judiciary on social policy; the impact of the Affordable Care Act on health care access, cost, and quality; the emergence of environmental justice and climate change as key social policy issues; and more. Social Policy and Social Justice is ideal for undergraduate and graduate social work courses, as well as classes in cognate fields such as nursing, public policy, and political science.
Social Policy in the Federal Republic of Germany: The Constitution of the Social
by Hans F. ZacherThis book investigates the history of the post-war welfare state in Germany and its normative foundations, with special emphasis on constitutional issues. The author, formerly Director of the Max-Planck-Institute for Foreign and International Social Law, Munich, and President of the Max-Planck-Society, argues that social policy - not only in Germany - is about struggles over the "social". The "social" is an open and changing concept that reflects the modern quest for equality, voiced in semantics like justice, participation, inclusion and security. The "social" and the "social state" (the German term for welfare state) are enshrined in the German Constitution of 1949, the Grundgesetz. The book sets out the phases of welfare state development in depth. Social policies are analyzed in view of wider contexts, especially the nation state, the rule of law (Rechtsstaat), federalism and democracy. The author emphasizes the dialectics between the national character of the welfare state and its manifold international references.
Social Practice Art in Turbulent Times: The Revolution Will Be Live (Routledge Research in Art and Politics)
by Eric J. Schruers Kristina OlsonThis volume is an anthology of current groundbreaking research on social practice art. Contributing scholars provide a variety of assessments of recent projects as well as earlier precedents, define approaches to art production, and provide crucial political context. The topics and art projects covered, many of which the authors have experienced firsthand, represent the work of innovative artists whose creative practice is utilized to engage audience members as active participants in effecting social and political change. Chapters are divided into four parts that cover history, specific examples, global perspectives, and critical analysis.
Social Procurement and New Public Governance (Routledge Critical Studies in Public Management)
by Josephine Barraket Robyn Keast Craig FurneauxIn recent years, the search for innovative, locally relevant and engaging public service has become the new philosophers’ stone. Social procurement represents one approach to maximising public spending and social value through the purchase of goods and services. It has gained increasing attention in recent years as a way that governments and corporations can amplify the benefits of their purchasing power, and as a mechanism by which markets for social enterprise and other third sector organisations can be grown. Despite growing policy and practitioner interest in social procurement, there has been relatively little conceptual or empirical thinking published on the issue. Taking a critically informed approach, this innovative text examines emerging approaches to social procurement within the context of New Public Governance (NPG), and examines the practices of social procurement across Europe, North America, and Australia. Considering both the possibilities and limitations of social procurement, and the types of value it can generate, it also provides empirically-driven insights into the practicalities of ‘triple bottom line’ procurement, the related challenges of measuring social value and the management of both the strategic and operational dimensions of procurement processes. As such it will be invaluable reading for all those interested in social services, public governance and social enterprise.
Social Protection Policies in South Asia
by Neera Chandhoke; Sanjay Kumar AgrawalThis book offers a comparative analysis of social protection policies in five countries of South Asia — India, Sri Lanka, Pakistan, Nepal and Bangladesh — where economic transformation impelled by globalisation and liberalisation has, on the one hand, caused an unprecedented expansion of the informal sector, and heightened the vulnerabilities of its workers on the other. It examines the multiple vulnerabilities of workers who continue to work and live in abysmal conditions, with persistent cutbacks in social security budgets by governments, and evaluates the implementation and efficacy of current policies.The volume introduces the problem through an overview of South Asian economies by charting out the contrasting parallels between growth paths and the extent of poverty among workers in the informal sector. Further, it assesses the projected cost of basic social protection in these economies in the context of different (possible) growth scenarios. The second part of the book discusses the experiences from various countries by highlighting work force composition, ratio of workers in the informal sector to total work force, challenges and concerns, available policies and programmes, and finally, the outreach of these programmes. The concluding section argues for the need for social protection in South Asia by exposing the limitations of existing policies, and proposes a future course of action in order that social protection may serve as a tool in the transformation of social policy.This will be useful to scholars, students and researchers of development studies, economics, politics and labour law. It would also interest those in voluntary sector organisations, nongovernmental organisations, policy makers, journalists and think tanks.
Social Psychology and Justice (Frontiers of Social Psychology)
by E. Allan LindThis ground-breaking new volume reviews and extends theory and research on the psychology of justice in social contexts, exploring the dynamics of fairness judgments and their consequences. Perceptions of fairness, and the factors that cause and are caused by fairness perceptions, have long been an important part of social psychology. Featuring work from leading scholars on psychological processes involved in reactions to fairness, as well as the applications of justice research to government institutions, policing, medical care and the development of radical and extremist behavior, the book expertly brings together two traditionally distinct branches of social psychology: social cognition and interpersonal relations. Examining how people judge whether the treatment they experience from others is fair and how this effects their attitudes and behaviors, this essential collection draws on theory and research from multiple disciplines as it explores the dynamics of fairness judgments and their consequences. Integrating theory on interpersonal relations and social cognition, and featuring innovative biological research, this is the ideal companion for senior undergraduates and graduates, as well as researchers and scholars interested in the social psychology of justice.
Social Rehabilitation and Criminal Justice (Routledge Contemporary Issues in Criminal Justice and Procedure)
by Federica Coppola Adriano MartufiThis book provides a comprehensive analysis of the current directions in social rehabilitation scholarship and research by bringing together the voices of legal scholars, criminal justice professionals, social scientists, and people directly impacted by criminal justice, in a comparative, international and interdisciplinary fashion. The volume offers a narrative of social rehabilitation in penal contexts through five main domains: theoretical-philosophical; legal-comparative; human rights; social scientific; lived experience; and policy. Collectively, the contributions provide a systematized examination of the normative facets of social rehabilitation, and illustrate avenues for its implementation in criminal justice domains in the full respect of the rights of justice-involved individuals, casting a critical gaze on some the mainstream narratives dominating contemporary penal policy. The overarching legal approach is complemented by a selection of perspectives in social rehabilitation research emanating from social psychology, critical criminology, penology, and neuroscience. These perspectives inform and enrich the legal and jurisprudential debates on the qualification of social rehabilitation as a fundamental goal of justice across domestic and international legal systems. The book will be of value to academics, practitioners, advocates, and policy makers interested in current research dealing with the problem of punishment and the potential of social rehabilitation to more effectively deal with crime.
Social Responsibility Education Across Europe
by Samuel O. Idowu Duygu Turker Ceren Altuntaş VuralThis book provides a comprehensive and multi-facettedanalysis of the current state of social-responsibility education in various Europeancountries. It explores the different approaches toward CSR education acrossEurope by identifying each country's current practices and university courses,and by revealing the effect of these methods on future generations of leaders. Usinga quantitative research methodology, the book presents comparisons of thecurrent nature and implications of CSR education in a sample of 10 businessschools from Germany, Greece, Hungary, Italy, Latvia, Poland, the Netherlands,Portugal, Spain and Turkey.
Social Responsibility and Corporate Governance: Volume 1: Preconditions for Integration (Palgrave Studies in Governance, Leadership and Responsibility)
by Matjaž Mulej Grażyna O’Sullivan Tjaša ŠtrukeljThis book illustrates how CSR can be used as a tool to improve corporate governance in organizations and improve the relationship between business and society. Connecting corporate social responsibility (CSR) with corporate governance (CG) is a 21st century challenge, and the book argues that CSR and CG should be addressed together in synergy in the management literature. Linking these two crucial business functions, it describes the preconditions for successful integration and the tools for practical implementation. Volume 1 covers corporate governance from the perspective of CSR, where responsible and sustainable business is a common goal and the tasks are to create core values, business policy and organizational strategies.