Mutuality of Obligation and the Social Wage

2020 ◽  
pp. 232-254
Author(s):  
Zoe Adams
Keyword(s):  
Employment Status ◽  
Case Law ◽  
Social Practices ◽  
Labour Law ◽  
The Third ◽  
The Social ◽  
Social Wage ◽  
The Relationship ◽  
Over Time

This chapter draws on the analysis in the previous chapters to illustrate how the courts’ conception of the relationship between law and social practices influences approaches to employment status and, relatedly, the effectiveness of labour law when it comes to securing or coordinating the provision of a ‘social wage’. It does this through the lens of the concept of ‘mutuality of obligation’. The first section explores the concept of ‘mutuality of obligation’ as it is conceived today. The second section then traces the development of this concept over time. The third section concludes with some observations about how the conception of law’s ontology we find implicit in the case law relates to the so-called ‘crisis’ we see today in labour law’s personal scope.

scholarly journals Contextual polarity and influence mining in online social networks

2021 ◽  
Vol 8 (1) ◽  
Author(s):  
Hassan Alzahrani ◽  
Subrata Acharya ◽  
Philippe Duverger ◽  
Nam P. Nguyen
Keyword(s):  
Community Structure ◽  
Online Social Networks ◽  
Cost Savings ◽  
Innovation Strategy ◽  
The Third ◽  
The Social ◽  
New Ideas ◽  
The One ◽  
The Relationship ◽  
Over Time

AbstractCrowdsourcing is an emerging tool for collaboration and innovation platforms. Recently, crowdsourcing platforms have become a vital tool for firms to generate new ideas, especially large firms such as Dell, Microsoft, and Starbucks, Crowdsourcing provides firms with multiple advantages, notably, rapid solutions, cost savings, and a variety of novel ideas that represent the diversity inherent within a crowd. The literature on crowdsourcing is limited to empirical evidence of the advantage of crowdsourcing for businesses as an innovation strategy. In this study, Starbucks’ crowdsourcing platform, Ideas Starbucks, is examined, with three objectives: first, to determine crowdsourcing participants’ perception of the company by crowdsourcing participants when generating ideas on the platform. The second objective is to map users into a community structure to identify those more likely to produce ideas; the most promising users are grouped into the communities more likely to generate the best ideas. The third is to study the relationship between the users’ ideas’ sentiment scores and the frequency of discussions among crowdsourcing users. The results indicate that sentiment and emotion scores can be used to visualize the social interaction narrative over time. They also suggest that the fast greedy algorithm is the one best suited for community structure with a modularity on agreeable ideas of 0.53 and 8 significant communities using sentiment scores as edge weights. For disagreeable ideas, the modularity is 0.47 with 8 significant communities without edge weights. There is also a statistically significant quadratic relationship between the sentiments scores and the number of conversations between users.

(d) Appellate courts in a case like this, where there is room for legitimate judicial difference, should refrain from interfering unless it is considered that the decision reached was based on the application of wrong principles or the case is clearly wrongly decided. Decision of court Appeal dismissed. 4.8 STATUTORY INTERPRETATION: THE RELATIONSHIP BETWEEN CASE LAW AND LEGISLATION 4.8.1 Introduction The discussion of George Mitchell (Chesterhall) Ltd v finney Lock Seeds (1985) has indicated what happens when a problem about the meaning of a statutory provision goes before a court. In this section, attention will be given to statutory interpretation in court. The courts and tribunals have, as one of their most important tasks, the application of legislative rules to various fact situations. They must decide whether these legislative rules apply to given situations. Already in this text there have been several illustrations of words not meaning what they appear to mean. Despite the supposed certainty of statutory rules, rules in ‘fixed verbal form’. Words can change over time, and courts will disagree over the meaning of words. Choices of meaning, not perceived by the drafters, may lie latent in the words and are drawn out in court in a manner defeating intention, narrowing, extending or making meaningless the ambit of the rule. Many people need to apply statutory rules, often this application will be purely routine but sometimes doubts will arise. Such doubts may, or may not, reach court. How do judges set about deciding the meaning of words? Reference has already been made to the three rules of statutory interpretation. The literal, the mischief and the golden rules (see Figure 3.2, above, in the introduction to Chapter 3). These rules it should be remembered are rules of practice not rules of law. Do judges really use the rules of statutory interpretation? If so, which rule do they use first? Judges rarely, if ever, volunteer the information that they are now applying a certain rule of interpretation. Often, judges look to see if there can be a literal meaning to the words used in the disputed statutory rule. However, there is no rule that states that they must use the literal rule first. Holland and Webb (1994) quite correctly assert that interpretation is more a question of judicial style than the use of interpretational rules. Indeed, should a student attempt to use the rules of statutory interpretation as a guide in the interpretation of a statutory word or phrase, the uselessness of the rules as an interpretational tool becomes immediately apparent. However, as a justificatory label they may have a function. As students gain experience in reading judgments they notice vast differences in judicial styles. Some judgments seem to be based on a blow by blow analysis of precedents and earlier usage of words, others seem based on tenuous common sense rationales. Decisions based on the external context of the statute will be identified. This covers situations where judicial decision making appears to be based on issues of

2012 ◽  
pp. 117-117
Keyword(s):  
Common Sense ◽  
Case Law ◽  
Statutory Interpretation ◽  
Appellate Courts ◽  
Judicial Decision Making ◽  
Verbal Form ◽  
External Context ◽  
Law And Legislation ◽  
The Relationship ◽  
Over Time

Legal Form

2020 ◽  
pp. 43-56
Author(s):  
Zoe Adams
Keyword(s):  
Capitalist Society ◽  
Labour Law ◽  
Legal Form ◽  
Fourth Section ◽  
The Third ◽  
The Relationship ◽  
Shed Light

The chapter builds on the analysis in Chapter 1 with a view to exploring the nature of law and its relationship with capitalist society in more detail. The previous chapter used an analysis of capitalism’s deep structures to explore the nature of law’s role(s) in capitalism, engaging with the various legal ‘functions’ that capitalism presupposes. The purpose of this chapter is to explore the implications of this understanding of law’s role (or function) when it comes to understanding law’s form. The first section begins by developing a theory of the legal form by engaging with the work of Evgeny Pashukanis. The second section teases out the implications of this analysis for our understanding of the relationship between the legal form and capitalism’s contradictions. The third section draws on this analysis to shed light on the relationship between legal form and content. The fourth section makes some tentative conclusions about the implications of this analysis for our understanding of labour law.

scholarly journals Economic Development and the“Social Rights Hypothesis”: Regulating Labour Standards in China

2018 ◽  
Vol 5 (2) ◽  
pp. 315-331
Author(s):  
Mimi ZOU
Keyword(s):  
Economic Development ◽  
Explanatory Power ◽  
Social Rights ◽  
Labour Law ◽  
Ongoing Debate ◽  
Legal Rules ◽  
The Social ◽  
Labour Standards ◽  
Critical Account ◽  
The Relationship

AbstractThis paper provides a critical account of the various roles that labour-law regulation has played in China’s transition to a market-oriented economy. The analysis aims to contribute new insights to an ongoing debate on the relationship between economic development and legal rules and institutions in China. Discussions of social and labour rights have been on the periphery of a debate that has focused on property and contract rights (the so-called “Rights Hypothesis”). While numerous scholars have sought to debunk the explanatory power of the “Rights Hypothesis” in the case of China, I put forward an alternative “Social Rights Hypothesis.” My proposed hypothesis seeks to explain how labour-law rules and institutions have co-evolved with the emergence of a labour market in China’s economic development. Specifically, labour law has played not only a market-constituting role, but also market-corrective and market-limiting functions.

Freedom to conduct a business and EU labour law

2018 ◽  
Vol 14 (1) ◽  
pp. 172-190 ◽  
Author(s):  
Stefano Giubboni
Keyword(s):  
Case Law ◽  
Alternative Interpretation ◽  
Fundamental Rights ◽  
Labour Law ◽  
Court Of Justice ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
The Relationship ◽  
The Eu ◽  
Social Europe

Critical-contextual analysis of case law of the European Court of Justice on employers’ contractual freedom – Fundamental right to be immunised against the alleged disproportional protection enjoyed by employees – Progressive ideological overthrow of the original constitutional assumptions of the founding treaties – Prominent example of ‘displacement of social Europe’ – Court of Justice’s case law on the relationship between freedom to conduct a business and labour law – Neoliberal understanding of the freedom of enterprise – Alternative interpretation of Article 16 of the EU Charter of Fundamental Rights

scholarly journals Codzienność w kryzysie

2010 ◽  
Vol 54 (1) ◽  
pp. 35-47
Author(s):  
Łukasz Rogowski ◽  
Radosław Skrobacki ◽  
Dorota Mroczkowska
Keyword(s):  
Everyday Life ◽  
Social Life ◽  
Daily Life ◽  
Large Degree ◽  
Social Practices ◽  
Social Consequences ◽  
The Social ◽  
New Meanings ◽  
The Relationship

The aim of this article is to demonstrate the relationship between everyday life and special conditions seen in the context of the concept of crisis. The authors define everyday life and special conditions as two opposing ways of experiencing social life, but their differentiation does not depend on their content but rather on form and manner of their perception/realisation in everyday life. This differentiation is described on the basis of the example of the concept of crisis, understood as the breakdown of everyday life and the consequent creation of special conditions. Based on contemporary examples, concerning to a large degree the social consequences of the breakdown of the economy, the authors represent crisis as a moment of renegotiating the principles of social life, the disruption of the routines and habits of everyday life and the transition into the unpredictability and reflexivity of social practices which characterize such special conditions. Attention is paid in particular to the concept of power, which takes on new meanings in the sociology of everyday life, differing from its institutional meaning, closer rather to “everyday power” which is realised in the framework of direct interactions in daily life.

scholarly journals Politeness and other types of facework

Pragmatics ◽  
2008 ◽  
Vol 18 (4) ◽  
pp. 681-706 ◽  
Author(s):  
Nieves Hernández-Flores
Keyword(s):  
Social Situation ◽  
The Other ◽  
Institutional Characteristics ◽  
Communicative Acts ◽  
The Third ◽  
Political Ideas ◽  
The Social ◽  
Cultural Terms ◽  
The One ◽  
The Relationship

TV-panel discussions constitute a communicative genre with specific features concerning the situational context, the communicative goals, the roles played by the participants and the acts that are carried out in the interaction. In the Spanish TV-debate Cada día, discourse is characterized as semi-institutional because of having both institutional characteristics – due to its mediatic nature – and conversational characteristics. In the communicative exchanges the social situation of the participants is negotiated by communicative acts, that is, facework is realised. Facework concerns the speakers’ wants of face, both the individual face and the group face. In the present article face is described in cultural terms within the general face wants autonomy and affiliation and in accordance with the roles the speakers assume in interaction. In the analysis of an excerpt from the TV-debate Cada día two types of facework are identified: On the one hand politeness, that is, when an attempted balance between the speaker’s and the addressees’ face is aimed at and, on the other hand, self-facework, which appears when only the speaker’s face is focused on. No samples of the third case of facework, impoliteness, are found in this excerpt. The results of the analysis display the relationship between the communicative purposes of this communicative genre (to inform, to entertain and to convince people of political ideas) and the types of facework (politeness, self-facework) that are identified in the analysed data.

scholarly journals Social capital, economic growth and well-being

2012 ◽  
Author(s):  
Francesco Sarracino
Keyword(s):  
Economic Growth ◽  
Social Capital ◽  
Social Comparisons ◽  
Well Being ◽  
Subjective Well Being ◽  
Long Run ◽  
The Social ◽  
The Relationship ◽  
Over Time

In the long run economic growth does not improve people's well-being. Traditional theories – adaptation and social comparisons – explain this evidence, but they don't explain what shapes the trend of subjective well-being and its differences across countries. Recent research identified in social capital a plausible candidate to explain the trends of well-being. This dissertation adopts various econometric techniques to explore the relationship over time among social capital, economic growth and subjective well-being. The main conclusion is that social capital is a good predictor of the trend of subjective well-being, both within and across countries. Hence, policies for well-being should aim at preserving and enhancing social capital for the quality of the social environment matters.

scholarly journals VIOLÊNCIA CONTRA O IDOSO: O TERCEIRO COMO REGULADOR PSÍQUICO

2016 ◽  
Vol 2 (1) ◽  
pp. 135
Author(s):  
Olga Perazzolo ◽  
Siloe Pereira ◽  
Marcia María Cappellano dos Santos
Keyword(s):  
Social Learning ◽  
The Elderly ◽  
Contemporary Society ◽  
Social Conventions ◽  
The Third ◽  
Moral Space ◽  
The Social ◽  
The Family ◽  
Systemic Model ◽  
The Relationship

Abstract:VIOLENCE AGAINST THE ELDERLY: THE THIRD PART AS A PSYCHIC REGULATORThe paper proposes reflections on the idea that the ingress of a third part in the relationship marked by violence, especially against the elderly, contributes to alter the dysfunctional model and to stabilize the guiding moral behaviors boundaries. It is not to consider that the aggressor hesitates in front of a third part to avoid the social disapproval or the punishment, but it is to observe that the psyche loosens the bounds with the social conventions in the absence of an element which sustains the constitutive triangulation of the moral space especially in stressful situations. The theoretical readings related to the proposition are made from the psychoanalysis contributions mainly in which it refers to the updating of the paternal role; the systemic model, particularly due the changes that occur in the system when there are alterations in its composition; and the social learning regarding the exposure to models to be adopted as source of vicarious schooling. It still proposes reflections over the aging context in the contemporary society, considering the increase on the number of elderly people, the demands of work which take to the deflation of the inner space in the family and thelongevity as a collective reality that the mankind is not aware of and which requires to be signified, invented and appraised.Keywords: Violence. Elderly. Family. Society.Resumo:O trabalho propõe reflexões sobre a ideia de que o ingresso de um terceiro na relação marcada pela violência, em especial contra o idoso, contribui para alterar o modelo disfuncional, estabilizar os marcos morais norteadores do comportamento. Não se trata de considerar que o agressor contenha-se frente a um terceiro para evitar o rechaço social ou a punição, mas de observar que o psiquismo afrouxa os laços com as regras sociais na ausência de um elemento que sustente a triangulação constitutiva do espaço moral, especialmente, em situações de estresse. As leituras teóricas acerca da proposição são feiras a partir de contributos da psicanálise, sobretudo no que se refere à atualização da função paterna; do modelo sistêmico, particularmente no que tange à mudança do sistema quando de alterações em sua composição; e da aprendizagem social, relativamente à exposição à modelos a serem adotados como fonte de aprendizagem vicária. Propõe, ainda, reflexões sobre o contexto do envelhecimento na sociedade contemporânea, considerando o aumento do numero de pessoas idosas, as demandas de trabalho, esvaziando o interior do espaço familiar, e a longevidade como realidade coletiva que a humanidade não conhece e que precisa ser significada, inventada, valorada.Palavras-chave: Violência. Idoso. Família. Sociedade

scholarly journals Redes de solidariedade entre vendedores ambulantes da Rua Voluntários da Pátria, em Porto Alegre/RS

ILUMINURAS ◽  
2012 ◽  
Vol 13 (30) ◽  
Author(s):  
Priscila Farfan Barroso
Keyword(s):  
Public Space ◽  
Social Practices ◽  
Porto Alegre ◽  
Military Police ◽  
Street Vendors ◽  
The Public ◽  
Informal Trade ◽  
The Social ◽  
Production Industry ◽  
Over Time

Este artigo apresenta as redes de solidariedade dos vendedores ambulantes da Rua Voluntários da Pátria, em Porto Alegre/RS, e propõe algumas reflexões acerca dessa técnica de pesquisa como artifício metodológico para compreendê-los enquanto tribos urbanas (Maffesoli, 1998), que sustentam suas práticas de trabalho em meio vigilância da Secretaria Municipal de Produção, Indústria e Comércio (SMIC) e a Brigada Militar (BM). Através da etnografia de rua (Eckert; Rocha, 1994) e etnografia sonora (Rocha; Vedana, 2007), foi possível construir graficamente as redes de solidariedade dos vendedores ambulantes e, a partir da descrição de seus laços sociais, pode-se refletir sobre as dinâmicas sociais envolvidas no trabalho e no comércio informal no espaço público. Com essa análise, compreendem-se os diversos laços entremeados como redes de solidariedade que tornam possível certa estabilidade desses vendedores ambulantes na rua ao longo do tempo. Palavras chave: Redes de solidariedade. Vendedores ambulantes. Etnografia de rua. Trabalho.   Solidarity networks of vendors of Rua Voluntários da Pátria, in Porto Alegre/ RS   Abstract   This article presents the solidarity networks of vendors of Rua Voluntários da Pátria, in Porto Alegre / RS, and proposes some reflections about this research technique as a methodological device to understand them as urban tribes (Maffesoli, 1998), that support their social practices through monitoring of the Municipal Production, Industry and trade (SMIC) and Military Police (BM). Through ethnography of street (Eckert; Rocha, 1994) and ethnography sound (Rocha; Vedana, 2007), it was possible to construct graphically the solidarity networks of vendors, and from the description of its social links, we can reflect on the social practices involved in informal trade in the public space. With this analysis, the various links interspersed as solidarity networks can be understood, which will make possible certain stability of these vendors on the street over time. Keywords: Networks of solidarity. Street vendors. Street ethnography. Work.

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