Anne S.Y. Cheung
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199652501
- eISBN:
- 9780191739217
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199652501.003.0018
- Subject:
- Law, Family Law, Human Rights and Immigration
In order to tackle the problem of cyber-bullying in an integrated and coherent manner which can combine legal intervention, education, and regulation from the telecommunications industry, this ...
More
In order to tackle the problem of cyber-bullying in an integrated and coherent manner which can combine legal intervention, education, and regulation from the telecommunications industry, this chapter advocates an alternative approach of co-regulation based on children's rights. Part 18.1 begins by discussing the nature, manifestation, prevalence, and harm of cyber-bullying, with an illustration of notorious examples of cyber-bullying in different countries. Part 18.2 examines the current legal attempts in the United Kingdom and the United States to tackle the problem and the inadequacies of the positivist legal approach. Part 18.3 argues that a co-regulatory model based on children's rights will provide a viable and more effective solution to the problem of cyber-bullying, in which schools and internet services providers (ISPs) play an essential role. In particular, the ISP should develop its code of practice within a model of compliance, of having a mechanism for reporting, follow-up, and notice and take-down of harmful materials.Less
In order to tackle the problem of cyber-bullying in an integrated and coherent manner which can combine legal intervention, education, and regulation from the telecommunications industry, this chapter advocates an alternative approach of co-regulation based on children's rights. Part 18.1 begins by discussing the nature, manifestation, prevalence, and harm of cyber-bullying, with an illustration of notorious examples of cyber-bullying in different countries. Part 18.2 examines the current legal attempts in the United Kingdom and the United States to tackle the problem and the inadequacies of the positivist legal approach. Part 18.3 argues that a co-regulatory model based on children's rights will provide a viable and more effective solution to the problem of cyber-bullying, in which schools and internet services providers (ISPs) play an essential role. In particular, the ISP should develop its code of practice within a model of compliance, of having a mechanism for reporting, follow-up, and notice and take-down of harmful materials.
Neil Fligstein and Doug McAdam
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199859948
- eISBN:
- 9780199951178
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199859948.003.0006
- Subject:
- Sociology, Social Theory
This chapter addresses the methodological implications of the theory, offering something of a practical blueprint for anyone who would adopt the perspective as a basis for studying a given strategic ...
More
This chapter addresses the methodological implications of the theory, offering something of a practical blueprint for anyone who would adopt the perspective as a basis for studying a given strategic action field. It begins with a logically sequential research template or “roadmap” derived from the perspective. It then provides an extended discussion of four of the trickiest empirical challenges posed by the framework. This is followed by a more general discussion of methodological issues as they apply to the framework. More specifically, it takes up four topics. First, it considers how researchers might employ “positivist” or “realist” approaches in the application of the theory. Second, it discusses the ways in which qualitative and quantitative techniques can be employed in the service of the perspective under either a positivist or realist philosophy. Third, it reviews several exemplary studies that embody key methodological tenets, while critiquing other attempts to model the formation, reproduction, and transformation of strategic action fields. Finally, it closes with a critique of more empiricist approaches to the study of strategic action.Less
This chapter addresses the methodological implications of the theory, offering something of a practical blueprint for anyone who would adopt the perspective as a basis for studying a given strategic action field. It begins with a logically sequential research template or “roadmap” derived from the perspective. It then provides an extended discussion of four of the trickiest empirical challenges posed by the framework. This is followed by a more general discussion of methodological issues as they apply to the framework. More specifically, it takes up four topics. First, it considers how researchers might employ “positivist” or “realist” approaches in the application of the theory. Second, it discusses the ways in which qualitative and quantitative techniques can be employed in the service of the perspective under either a positivist or realist philosophy. Third, it reviews several exemplary studies that embody key methodological tenets, while critiquing other attempts to model the formation, reproduction, and transformation of strategic action fields. Finally, it closes with a critique of more empiricist approaches to the study of strategic action.
Martin Scheinin
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199565221
- eISBN:
- 9780191705281
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199565221.003.0002
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter discusses the relationship between the Vienna Convention on the Law of Treaties (VCLT) and human rights treaties. It identifies alternative approaches in the issue and discusses their ...
More
This chapter discusses the relationship between the Vienna Convention on the Law of Treaties (VCLT) and human rights treaties. It identifies alternative approaches in the issue and discusses their relative strengths and weaknesses. The positivist approach, the dogmatic approach, and the fragmentation approach to the relationship between the VCLT and human rights treaties were rejected. Instead, the chapter expresses sympathy for the two remaining approaches, namely the constitutional and the reconciliation approaches.Less
This chapter discusses the relationship between the Vienna Convention on the Law of Treaties (VCLT) and human rights treaties. It identifies alternative approaches in the issue and discusses their relative strengths and weaknesses. The positivist approach, the dogmatic approach, and the fragmentation approach to the relationship between the VCLT and human rights treaties were rejected. Instead, the chapter expresses sympathy for the two remaining approaches, namely the constitutional and the reconciliation approaches.
George Akita
- Published in print:
- 2008
- Published Online:
- November 2016
- ISBN:
- 9780824825607
- eISBN:
- 9780824869328
- Item type:
- book
- Publisher:
- University of Hawai'i Press
- DOI:
- 10.21313/hawaii/9780824825607.001.0001
- Subject:
- History, Asian History
This book is based on the grueling lessons learned by a senior scholar during three decades of tutoring by, and collaboration with, Japanese historians. The book argues for an inductive process in ...
More
This book is based on the grueling lessons learned by a senior scholar during three decades of tutoring by, and collaboration with, Japanese historians. The book argues for an inductive process in which the scholar seeks out facts on a subject and, through observation and examination of an extensive body of data, is able to discern patterns until it is possible to formulate certain propositions. The book relates how and why the author decided to adopt a positivist approach and explains what he means by the term as it applies to humanistic studies. It enumerates the difficulties linked with reading primary sources in Japanese by looking at a variety of unpublished and published materials and identifying a major problem in reading published primary sources: the intervention of editors and compilers. It illustrates the pitfalls of such intervention by comparing the recently published seventeen-volume diary of Prime Minister Hara Takashi (1856–1921), a photo reproduction of the diary in Hara's own hand, and an earlier published version. Using documents related to Yamagata Aritomo (1838–1922), a figure of central importance in Japan's post-Restoration political history, the book demonstrates the use of published and transcribed primary sources to sustain, question, or strengthen some of the themes and approaches adopted by non-Japanese scholars working on modern Japanese history. It ends with two case studies, examining closely the methods of the highly acclaimed American historians John W. Dower and Herbert P. Bix.Less
This book is based on the grueling lessons learned by a senior scholar during three decades of tutoring by, and collaboration with, Japanese historians. The book argues for an inductive process in which the scholar seeks out facts on a subject and, through observation and examination of an extensive body of data, is able to discern patterns until it is possible to formulate certain propositions. The book relates how and why the author decided to adopt a positivist approach and explains what he means by the term as it applies to humanistic studies. It enumerates the difficulties linked with reading primary sources in Japanese by looking at a variety of unpublished and published materials and identifying a major problem in reading published primary sources: the intervention of editors and compilers. It illustrates the pitfalls of such intervention by comparing the recently published seventeen-volume diary of Prime Minister Hara Takashi (1856–1921), a photo reproduction of the diary in Hara's own hand, and an earlier published version. Using documents related to Yamagata Aritomo (1838–1922), a figure of central importance in Japan's post-Restoration political history, the book demonstrates the use of published and transcribed primary sources to sustain, question, or strengthen some of the themes and approaches adopted by non-Japanese scholars working on modern Japanese history. It ends with two case studies, examining closely the methods of the highly acclaimed American historians John W. Dower and Herbert P. Bix.
R. A. Houston
- Published in print:
- 1994
- Published Online:
- October 2011
- ISBN:
- 9780198204381
- eISBN:
- 9780191676222
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198204381.003.0008
- Subject:
- History, British and Irish Early Modern History, Social History
This chapter discusses a summary of the changes and developments that occurred during the Scottish Enlightenment. The author tells of the need for more studies about Edinburgh, specifically the ...
More
This chapter discusses a summary of the changes and developments that occurred during the Scottish Enlightenment. The author tells of the need for more studies about Edinburgh, specifically the British towns of the eighteenth century. The chapter also shows that the author used a ‘positivist’ approach in order to test theory against observed experience.Less
This chapter discusses a summary of the changes and developments that occurred during the Scottish Enlightenment. The author tells of the need for more studies about Edinburgh, specifically the British towns of the eighteenth century. The chapter also shows that the author used a ‘positivist’ approach in order to test theory against observed experience.
Ka Lok Yip
- Published in print:
- 2022
- Published Online:
- May 2022
- ISBN:
- 9780198871699
- eISBN:
- 9780191914553
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198871699.003.0002
- Subject:
- Law, Public International Law
This chapter describes the difficulty associated with speaking about the legality of the use of force against individuals in war to shed light on a fraught intersection between military operations, ...
More
This chapter describes the difficulty associated with speaking about the legality of the use of force against individuals in war to shed light on a fraught intersection between military operations, legal doctrines, and moral philosophy. The chapter is divided into three substantive sections. The first section surveys the key legal norms relevant to the use of force against individuals in war. The second section examines the key jurisprudence of international bodies and mechanisms that have considered the relationships among these legal norms. The third section reviews the key approaches to these relationships by dividing them into three broad categories according to their theoretical inclinations—positivist approaches, substantive approaches, and critical approaches—and outlines the approach adopted in this book by situating it against these key approaches.Less
This chapter describes the difficulty associated with speaking about the legality of the use of force against individuals in war to shed light on a fraught intersection between military operations, legal doctrines, and moral philosophy. The chapter is divided into three substantive sections. The first section surveys the key legal norms relevant to the use of force against individuals in war. The second section examines the key jurisprudence of international bodies and mechanisms that have considered the relationships among these legal norms. The third section reviews the key approaches to these relationships by dividing them into three broad categories according to their theoretical inclinations—positivist approaches, substantive approaches, and critical approaches—and outlines the approach adopted in this book by situating it against these key approaches.
