{"title":"Uses and Abuses of Socio-Legal Studies","authors":"Carrie Menkel‐Meadow","doi":"10.4324/9780429952814-3","DOIUrl":"https://doi.org/10.4324/9780429952814-3","url":null,"abstract":"Many scholars have developed maps of impact and periodization of ideas and eras in the last fifty years of the socio-legal field. More recently other fields (e.g. behavioral economics) have both used and co-opted basic concepts and studies of the older socio-legal field (e.g. group behavior in corporate governance and social influences in decision making). Yet, judges, legal policy makers, and other actors in legal institutions continue to make, interpret, enforce and evaluate laws, often with empirical claims of validity or prediction, without actually referring to verifiable data or empirically valid patterns of social data. This chapter reviews, both through my own socio-legal work, and that of other scholars, the uses and abuses (or failure to use) socio-legal research (both empirical and conceptual) in law (doctrine, policy and theory). This essay describes the field’s and my own “origin” stories, rooted in key socio-legal ideas of law in social context, legal realism, legal pluralism, legal movements and institutions, “gaps” in the law on the books vs. the law in action, law and culture, legal theory, ideology and the role of law in social change. I then review some examples of “good” uses of socio-legal studies methods and theories (e.g. robust concepts and research findings on legal process, decision-making, enforcement of law and social control, and cultural meanings of law for lay people, as well as professionals), as well as some examples of misuses (or lack of use) of rigorous socio-legal studies. I conclude with some observations about why socio-legal studies remains somewhat marginalized in legal decision making (different “standards of proof” in different disciplines) and legal study generally (at both educational and research levels).","PeriodicalId":391080,"journal":{"name":"Decision Making & Negotiations eJournal","volume":"82 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129865847","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Awareness","authors":"Burkhard C. Schipper","doi":"10.2139/ssrn.2401352","DOIUrl":"https://doi.org/10.2139/ssrn.2401352","url":null,"abstract":"Awareness is a term used to describe an individual's knowledge of a topic. One would expect that awareness of the cybersecurity threat is well understood because of the continual reports of cyber incidents and attacks impacting individuals, organizations, and cyber-attacks on communities and states. The CIAS found it was true that people understood cyber incidents and attacks were happening. They also understood they needed to protect their assets and information, and they needed to be able to respond and recover from incidents that might occur. The significant gap was they did not understand all the impacts that could occur from a cyber incident, and they didn't understand the cascading impacts that could domino from a single attack. The lessons learned regarding awareness are incorporated into the awareness dimension of the CCSMM and include what each member of a community needs to know based on their role in the community.","PeriodicalId":391080,"journal":{"name":"Decision Making & Negotiations eJournal","volume":"123 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127059948","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Challenges and Perspectives Facing the Development of Entrepreneurship Education and Training in Cameroon","authors":"Professor Alain Ndedi","doi":"10.2139/ssrn.2254863","DOIUrl":"https://doi.org/10.2139/ssrn.2254863","url":null,"abstract":"Purpose – The study investigates some of the interventions which have been introduced by the Cameroonian government to support entrepreneurship and job creation and explore the challenges these interventions face, namely policy development, operational and pedagogic impediments.Design/methodology/approach – The approach used to collect data was twofold; first desk research was conducted on selected work in the area of entrepreneurial education and training. The second source of information was from empirical investigations on the impact made by the various structures in supporting small, medium and micro enterprises (SME) levy payers in skills development. Findings – The study found that there are no inter-disciplinary approaches in entrepreneurship training; that make entrepreneurship education accessible to all Cameroonians, and where appropriate creating teams for the development and exploitation of business ideas. Another finding is the fact that students from business to engineering studies are not connected, while entrepreneurship courses are just for business students.Originality/value – This study has explored the nature of entrepreneurial education development through well designed entrepreneurial development efforts. An appropriate scheme in terms of cultivating an entrepreneurial spirit around training and concentrating efforts on supporting the growth of new ventures is suggested. Limitations – The concept of entrepreneurship is not mastered; and there is a large confusion between entrepreneurship and small business management; while the first creates job, the latter is self centered on the founder of the business.","PeriodicalId":391080,"journal":{"name":"Decision Making & Negotiations eJournal","volume":"296 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120897937","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Conflict in Organizations: The Role of Routine","authors":"P. Kesting, R. Smolinski, James Ian Speakman","doi":"10.2139/ssrn.1741904","DOIUrl":"https://doi.org/10.2139/ssrn.1741904","url":null,"abstract":"The goal of this conceptual paper is to apply the insights of recent routine research in the area of conflict and conflict management. As a result, the authors identify four different types of conflict sources that are rooted in routines and the specific difficulties connected with their change: the repetitive character of routine, disagreement over the “validity” of the existing routines, disagreement concerning the definition of new targets, and resistance towards change processes. Further the authors point to the inherent tendency to routinize conflict management strategies and the risks that are associated with this process. As a result, this paper offers new insights into the causes and structure of conflicts triggered by change processes as well as into the management of repetitive conflicts.","PeriodicalId":391080,"journal":{"name":"Decision Making & Negotiations eJournal","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-11-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132449810","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Sequential Deliberation","authors":"A. Lizzeri, Leeat Yariv","doi":"10.2139/ssrn.1702940","DOIUrl":"https://doi.org/10.2139/ssrn.1702940","url":null,"abstract":"We present a dynamic model of deliberation in which `jurors' decide every period whether to continue deliberation, which generates costly information, or stop and take a binding vote yielding a decision. For homogeneous juries, the model is a reinterpretation of the classic Wald (1947) sequential testing of statistical hypotheses. In heterogeneous juries, the resources spent on deliberation depend on the jury's preference profile. We show that voting rules at the decision stage are inconsequential when either information collection is very cheap or deliberation agendas are strict enough. Furthermore, wider preference distributions, more stringent deliberation agendas, or more unanimous decision voting rules, lead to greater deliberation times and more accurate decisions.","PeriodicalId":391080,"journal":{"name":"Decision Making & Negotiations eJournal","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126078430","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Absolute vs. Relative Notion of Wealth Changes","authors":"K. Kontek","doi":"10.2139/ssrn.1474229","DOIUrl":"https://doi.org/10.2139/ssrn.1474229","url":null,"abstract":"This paper discusses solutions derived from lottery experiments using two alternative assumptions: that people perceive wealth changes as absolute amounts of money; and that people consider wealth changes as a proportion of some reference value dependant on the context of the problem under consideration. The former assumption leads to the design of Prospect Theory, the latter - to a solution closely resembling the utility function hypothesized by Markowitz (1952). This paper presents several crucial arguments for the latter approach and provides strong arguments for rejecting the Prospect Theory paradigm.","PeriodicalId":391080,"journal":{"name":"Decision Making & Negotiations eJournal","volume":"367 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122065882","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Playing the Advantage Card: Shared Knowledge of Favorable Negotiation Asymmetries and Effects on Early Concessions","authors":"A. Wallen","doi":"10.2139/SSRN.1111640","DOIUrl":"https://doi.org/10.2139/SSRN.1111640","url":null,"abstract":"How do negotiators react when they have one of two types of favorable asymmetry? A laboratory study examined the effects of having helpful inside information, favorable Best Alternative to Negotiated Agreement (BATNA), or neither on the magnitude of negotiator concessions during the early part of a negotiation. Participants (N = 158) were randomly assigned to either a favorable inside information or BATNA asymmetry or a symmetric condition to test directly whether different types of asymmetries (inside information and BATNA) only exert effects on yielding when others' knowledge of the asymmetry is consistent with operation of that asymmetry. Results indicated that when participants believed others were aware of their favorable asymmetry, BATNA exerted an effect on yielding, whereas when participants believed others were not aware of their favorable asymmetry, inside information affected yielding. Implications for negotiation theory and research are discussed.","PeriodicalId":391080,"journal":{"name":"Decision Making & Negotiations eJournal","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121327570","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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