Social science and Law

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Social Science or 'Lego Science'? Presumptions, Politics, Parenting and the New Family Law

Social Science or 'Lego Science'? Presumptions, Politics, Parenting and the New Family Law

This article argues that the introduction of a presumption that equal shared parental responsibility is in the best interests of children into the Family Law Act in 2006 has contributed to inappropriate, and even damaging, post-separation parenting arrangements for some children. The author suggests that the presumption and its legislative link to equal and substantially shared care time orders have created a ‘lego- science’ that shared parenting is almost always good for children, but this lego-science is a pseudo science which is not consistent with the complex reported social science about shared parenting. The foundation of the lego-science is the presumption, but expressions like ‘meaningful relationships’ contained in other sections build a legislative or ‘lego-bridge’ to the time provisions. This lego-bridge has been reinforced by the case law. This article argues that a presumption was an inappropriate legal tool to use in the discretionary culture of family law decision-making because it encourages a ‘one size fits all’ approach. Further, presumptions are legal fictions that become dangerous when believed. The fact that the reforms were driven by fathers’ rights groups provided a charged socio-political climate in which legal fictions were more likely to acquire the aura of truth. It also seems that the safeguards against the application of the presumption and the making of share care time orders were drafted in a manner that has allowed them to be ignored, creating a gap between the apparent legislative intent – to provide exceptions – and how the law actually plays out in the courts and the community – with the safeguards by-passed at times. The article concludes that fundamental reform of the Family Law Act is required again.
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The Role of Law and Social Science in the Juvenile Court

The Role of Law and Social Science in the Juvenile Court

In the following article, Professor Yablonsky describes the current form and operation of the juvenile courts, and the broad impact-potential and actual-of the "juvenile court philosophy[r]

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Models in Social Science: A Review of Law and Public Policy: A Socioeconomic Approach by Lynne L. Dallas

Models in Social Science: A Review of Law and Public Policy: A Socioeconomic Approach by Lynne L. Dallas

own work if they are examining the same or similar problems as scholars in the other discipline. Accordingly, some overlap in examined questions and methodology is desirable in order to promote interdisciplinary discourse. However, if there is too much overlap, then the multiple disciplinary perspectives become redundant and no new insights can be gained from the exchange. An academic monoculture is a very poor environment in which to examine social problems, and is probably not even possible given the physically different ways in which people’s brains approach problems. 16
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An Illustration of the Intersection of Social Science and the Law: The Legal Rights Of Adolescents to Make Medical Decisions

An Illustration of the Intersection of Social Science and the Law: The Legal Rights Of Adolescents to Make Medical Decisions

The abortion story is far from over, and social science and psychological studies will continue to play a part in the debate. The social science community will be divided about when the research base is sufficiently strong to be a basis for policy recommendations. For example, more work is needed to reconcile the research showing that adolescents are more likely to make risky choices than adults with research showing that adolescents can make rational and capable decisions. The one thing of which we can be confident is that activists of all points of view will use social science and psychological studies to try to persuade the public to support their causes. As a result, research may well have both direct and indirect effects on legislative debates and judicial decision making.
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Bibliography of Periodical Literature

Bibliography of Periodical Literature

Evils and Remedies in the Administration of the Criminal Law, Annals of the American Academy of Political and Social Science, July.. A New Aid to Justice, Survey, October 29.[r]

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"His" and "Her" Story: The Life and Future of the Law and Society Movement

"His" and "Her" Story: The Life and Future of the Law and Society Movement

There is no doubt that this emphasis on conjoining law with social science strongly influenced the shape of the field.' 5 The structure of funding through conferenc[r]

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Animal Genomics in Science, Social Science and Culture

Animal Genomics in Science, Social Science and Culture

But notions of species integrity and telos fall outside current regulatory frameworks, and so too do some new scientific animal objects. There are now technologies, practices and products that traverse or transcend the boundaries between regulatory authorities and their terms of reference. 146 For example, there is no specific UK regulation with regard to the transplant of human stem cells into animals, but depending on the precise procedure and the precise materials, one or more of four different agencies might be involved in granting approval (Home Office, Animal Procedures Committee, Human Fertilisation and Embryology Authority (HFEA), Stem Cell Bank Steering Committee). Although complicated, at least the regulatory procedure is defined. This was not the case when in November 2006 the HFEA received two applications for a licence to derive stem cells from ‘human’ embryos created from animal eggs instead of human eggs. The embryos would contain animal and human DNA, and an HFEA spokesperson commented that ‘we need to decide whether the law prohibits this research [and] whether it falls under our remit at all’, clearly illustrating the challenge to existing structures posed by novel creatures. 147 In January 2007, after ‘careful consideration’, the HFEA determined that ‘under current legislation, these sorts of research would potentially fall within the remit of the HFEA to regulate and license, and would not be prohibited by the legislation’. 148 But the HFEA decided that the legality of the research alone should not determine the granting of any licence. Rather, the HFEA decided to organise a public consultation on hybrid and chimera research in order to help determine the best way to proceed. 149 Stephen Minger, head of one team that wants to make the embryos, stated that they were ‘happy with [the] decision to consult both public and scientific opinion regarding cloning of human cells using non-human eggs’, 150 perhaps reflecting the new mood for dialogue on science policy issues. 151 This is a positive development, and I mentioned earlier that animal genomics may be a useful test bed for new ways of developing socially sensitive policies, for it is neither so new that its social
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Economists put the `Science` in Social Science

Economists put the `Science` in Social Science

There are lots of interesting things to study at university. Some courses are largely vocational---they are meant to prepare you to do specific jobs in business, law or medicine. By contrast, most people who study courses devoted to ancient civilisations, art history, astrophysics, French literature, philosophy or zoology do so because they are fascinated by these subjects and not because they expect they will necessarily be able to build professional careers around them. What about economics? The honest answer is that economics sits somewhere between these two extremes. On one hand, economics is typically more an academic, rather than an explicitly professional degree. particularly at the
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Labour, religion and game: Or, why is art relevant for social science?

Labour, religion and game: Or, why is art relevant for social science?

So let us move to art as a privileged object for social science. At this point we can already see why studying and investigating art may be epistemologically central even if we agree that art as such does not occupy a central position in the social world (we remember many from Heidegger to Ranciere have claimed it actually did). Art can provide a paradigm for social theory because it is at the same time a system of division of labour, a system of practices and beliefs and a system specific symbolic exchange played as a social game. One could object that these are components of any social field. It may be so, but rarely if ever we can grasp the mechanisms of social construction, exploitation, domination, real subsumption but also of production, cooperation and hypothetically ‘collective creativity’ in one relatively small and isolated social field and in such intensity and complexity. Hence the rules of art can be seen precisely as a ‘law and nothing more, law which has been introduced without reason and has become reasonable’. There is a great deal of labour being done within the art field in order to make it regarded as authoritative – it is specifically the labour of reproduction of the filed. More importantly, just like in the Pascal’s game-example where the game explicitly distinguishes between winners and losers, art is explicitly dealing with different distinctions: between sublime and ordinary, high and low, visible and invisible. But while producing these distinctions explicitly game and art both simultaneously yet implicitly make social hierarchies, divisions of labour and distributions of capital among the players or art workers. This tacit and implicit process should be most carefully examined.
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Political trust and the enforcement of constitutional social rights

Political trust and the enforcement of constitutional social rights

Two points of clarification on this relationship are warranted. First, when I say “citizens” I do not mean it in the sense of citizenship as legal status. Rather, I use the term to refer to those individuals who, under the relevant constitution, are afforded the protection of social rights. Thus, depending on the jurisdiction at issue, “citizens” – as I use the term here – may include residents and/or individuals of other legal status. That said, it is beyond the scope of this thesis to consider who, as a matter of international and constitutional law, should be afforded social rights protection. Second, I should explain why I have chosen to collapse the legislative and executive branches of government into one actor (what I have called the elected branches) and, in what follows, into one trust relationship (the citizen-government relationship). I have made this decision for a few reasons. The primary reason relates to what I seek to achieve in this thesis. One of my main objectives, as I indicated in the Introduction, is to analyse the impact which we can expect constitutional social rights adjudication to have on public trust in government. This analysis is built upon a distinction between, on one hand, the legislature and the executive (as elected bodies) and, on the other, the judiciary (as an unelected body). Although I do recognise that there is an important distinction to be drawn between the legislature and the executive, I do not want that distinction to overshadow the distinction between the elected branches and the courts which is far more central to my analysis. Further, and relatedly, in conducting this analysis, I strive to contribute to the current debate on the proper role of courts in enforcing constitutional social rights. The orthodoxy in that literature is to focus on the tripartite relationship between citizens, the elected branches and the courts. Because I situate my thesis in that literature, it makes sense to follow that orthodoxy – at least to some extent. Finally, from a purely practical perspective, most of the social science theoretical scholarship on political trust, upon which I am relying for my analysis herein, does not draw much of a distinction between the legislature and the executive. Rather, there is a tendency in that scholarship to speak of the relationship between citizens and their government at a more general level. Thus, I think
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An examination of the social background of students in Irish universities

An examination of the social background of students in Irish universities

Number of Students Agriculture Architecture Arts Commerce Engineering Law Medicine and Dentistry Science Social Science Veterinary Medicine TOTAL.. Number of Students who responded Resid[r]

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Social Studies of Social Science: A Working Bibliography

Social Studies of Social Science: A Working Bibliography

Not only have the ‘technical’ practices of social scientists been reconfigured, in a reflexive move, as objects of inquiry, those working within this particular area of research – an area we might loosely term ‘social studies of social scientific research practices’ given their wide disciplinary cast – have also begun to actively advocate experimentation and a move away from established methodological prescriptions and ideas as a consequence of undertaking their inquiries (Fisher & Marcus 1986, Bourdieu & Wacquant 1992, Evans & Foster 2011, Mason 2011, Back & Puwar 2012, Gane 2012, Lury & Wakeford 2012). What we have seen, as a result, is an interest in the ‘social life of method’ (Law, Savage & Ruppert 2011, Savage 2013) being increasingly coupled to a concern for the ‘politics of method’ 3 (Clifford & Marcus 1985, Savage 2010, Adkins & Lury 2012) as well as an interest in how the social sciences have, at various points in time, set about finding ways of making themselves ‘relevant’ (Burawoy 2005, Savage & Burrows 2007, Rose, Osborne & Savage 2008, Savage 2013, Evans & Foster 2011, Gane 2012). Partly a response to a distinct politicisation of method in various areas of social life 4 , these reflections on method as political are also predicated on the idea that the social sciences are increasingly methodologically flatfooted (Beck 2005, Burawoy 2005, Adkins & Lury 2012, Gane 2012, Lury & Wakeford 2012), no longer able to keep pace with the speed with which contemporary social and cultural life is changing. In some cases, these changes, particularly those connected to ‘digitisation’ and ‘big data’, are seen as changes to the nature of ‘the empirical’ itself (see e.g. Adkins & Lury 2009). The social sciences, partly because they refuse to acknowledge their embedded and participant status by clinging to positivistic conceptions of method as detached, are said to be making themselves peripheral to – or “voluntarily estranging” themselves from, in Latour’s formulation (2010: 148) – that which provides their animus: social and cultural life.
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Law - A Social Mechanism for Control.pdf

Law - A Social Mechanism for Control.pdf

majority vote. It is also notable that his trial took place in 399 B.C. just four years after the democratic revolt of 403 B.C. In 404 B.C. the oligarchic regime of the Thirty Tyrants had succeeded in overthrowing the democracy. Among members of this group were some of Socrates’ students, and so, it was by means of such association that Socrates had inadvertently made enemies in positions of influence and power. In an interview, I. F. Stone, an American investigative journalist, expressed his belief that “the case against Socrates was political and that the charge of corrupting the youth was based on a belief – and considerable evidence – that he was undermining their faith in Athenian democracy.” Stone goes on to explain that the reason Socrates was brought to trial was that “in 411 B.C. and again in 404 B.C. antidemocrats had staged bloody revolutions and established short-lived dictatorships (and that) the Athenians were afraid this might happen again.” And so we can see how law was used not as a means of
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THE POLISH HEALTH CARE SYSTEM’S ENDLESS JOURNEY TO PERFECTION – A NEVER ENDING STORY

THE POLISH HEALTH CARE SYSTEM’S ENDLESS JOURNEY TO PERFECTION – A NEVER ENDING STORY

In February 1917, as a part of a program of reconstructing Polish government institutions, the Temporary Council of State established a sanitary unit in the Ministry of Home Affairs. When First World War came to an end the necessity of rapid changes in the Polish health care system was accentuated. Poor health conditions, extremely high death rate and ruined medical infrastructure were signs that health care reform are highly demanded. Just a while before Poland regained its independence, In May 1917, a draft public Health Law had been presented – the main idea concerning multisectoral health care system with the public sector dominating over the private sector (Godycki – Ćwirko, Oleszczyk and Windak, 2010). It should be emphasized that the role of public sector was significant and medical services were provided by county physicians (state health service), hospitals (local government health service) and health centers and self governed Sick Funds for employees. A system of treatment service for working group of people was established by “Mandatory Insurance in Case of Illness Law” on 19 th May 1920. There was
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Communications Law Commons Computer Law Commons Internet Law Commons Privacy Law Commons , and the Science and Technology Law Commons

Communications Law Commons Computer Law Commons Internet Law Commons Privacy Law Commons , and the Science and Technology Law Commons

The idea that high-speed broadband is necessary for education, healthcare, and other social and government services, is related to the first premise. This premise is problematic both because it is factually dubious, and also because its power is based in an implicit appeal to in- herently emotional issues. It creates a sense that the only way to sup- port high-quality education, provide access to healthcare and employ- ment opportunities, and address concerns about the digital divide is to support a specific broadband policy – namely one of extensive govern- ment subsidies for high-speed broadband. As recognized in the previous section, broadband Internet service and other communications technol- ogies support many important services that should be viewed as basic social commitments – but the focus in telecom policy debates should be on ensuring Internet access that is sufficient to realize these basic social commitments, not on subsidizing higher-speed luxury services or ser- vices that the market would otherwise provide at competitive prices.
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PAPER / ARTICLE  TITLE   –     NAME OF AUTHOR

PAPER / ARTICLE  TITLE   –     NAME OF AUTHOR

More number (69.74%) of research scholars in science faculty possessed technical qualification than in social science (26.83%) and arts (25.58%) faculties. Responses are tabulated in table 2. There is no statistically significant association between technical qualification of respondents and faculties. The null hypothesis H1 is accepted.

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Science or Society?   The Social Function of Science Revisited

Science or Society? The Social Function of Science Revisited

appear that even pure research or science does have and pace of scientific ends, and that these ends set the direction In Bernal's terms, those social forces that finance the scien progr[r]

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African Studies Abstracts Online: number 3, 2003

African Studies Abstracts Online: number 3, 2003

South Africa has recently taken a progressive stand on sexual harassment as one of only a few countries to prohibit sexual harassment directly through legislation. The Employment Equity Act 55 of 1998 deals primarily with affirmative action, but is also groundbreaking in the area of sexual harassment. This Act, with its accompanying Code for handling sexual harassment cases, can be considered an international model because of its comprehensive approach to and ambitious treatment of sexual harassment, specifically defining the type of conduct that is prohibited, and providing detailed procedures to address the problem and prevent its recurrence. Although the Act and accompanying code represent an important starting point for combating sexual harassment, political, social, and economic progress are not necessarily close behind. A variety of factors can facilitate or retard the effectiveness of anti-harassment objectives. The law´s effect on social reform might be questionable, given the endemic gender violence, the legacy of apartheid, the level of economic development, the political power of the trade union movement, and the extent of unemployment. Since the end of apartheid, South African women have made great gains in representation in government, law and society. Law, certainly an important mechanism for change, has been successfully used to remove the most blatant forms of discrimination against women. But women are at a critical juncture. Gender equality is central to the continued development of democracy in South Africa, and many women have yet to feel the effect of the new laws. Because of lack of education and resources, a majority of women have not been able to take advantage of the new legislation, and because of cultural notions about women and institutionalized gender stereotypes, women´s experiences and testimony have been largely discredited and devalued. All laws are enforced and interpreted by individuals - equality will not be a reality for most women until gender stereotypes no longer inform the thinking of the judiciary, prosecutors, police and the larger society. Notes, ref., sum. [Journal abstract]
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Download Full Article

Download Full Article

When it comes to students' performance in the fields of Science and Mathematics, the gap is at a low level. Childhood era is the best time to introduce STEM as it provides opportunities to preschoolers, taking the advantage that children at this stage absorb knowledge more effectively. This study aims to identify whether teaching methods are a factor to knowledge, understanding, and application among preschool students in Mathematics performance by controlling students' Mathematics scores before intervention. Quasi experimental method was utilized on 1107 children and the Test of Early Mathematics Ability (Ginsburg and Baroody, 2003) was also conducted. The study found that the three teaching methods could help increase early Mathematics performance namely; games, number book and worksheet. However, early mathematics achievements show a significant difference at the levels of understanding and analysis. The method of utilizing games recorded the highest performance followed by worksheet and book number methods. The presented findings might be caused by the effect of practice and the transfer of executive functions among pre-school children where according to Thorell et. al. (2009), children who play the same game repeatedly can increase their memory.
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The Relationship between the Law and Public Policy: Is it a Chi-Square or Normative Shape for the Policy Makers

The Relationship between the Law and Public Policy: Is it a Chi-Square or Normative Shape for the Policy Makers

Thank you for the question. I suppose it depends on how we connote the enforcement function. The legislature and judiciary would have their internal codes or regulations to administer their institutional mandate or needs. For example, the Court administrators or pertinent boards and commissions could set forth the salary scale or ethics standard. That could be the case within the legislature. Any more meaningful understanding of this concept would occur when the function is involved with the external actors or constituents. The interest and rights or loss and damage thereof as vested within the people or citizen would be the point of focus when we deal with the rules of law ideals or responsible public administration. In a limited exception, the interbranch controversies about the scope of enforcement authority may be disputed in the court proceedings, as in some countries of civil law tradition. The Courts often withdraw their engagement with the internal code or regulation since it would fall within the class of institutional autonomy and not be destined to the external actors or people. Then the enforcement function, in this narrow and normal sense, would be carried by the executive and judiciary. The Lockean concept of separation of powers principle would be sheer to endorse this perception that he did not recognize the judicial power as independent from the executive function. That could be seen otherwise in Montesquieu, who perhaps found a more deliberate procedure, adversary context of function or process, and the nature of power centered to identify and recognize a law than to execute it. While the society evolves, the distinctive understanding of two branches would come in a more depth that the judicial review of legislation or administrative rule is considered as one
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