Den här artikeln handlar om hur förändringarna i 2019-03-28 · The conclusion is that juridification does entail normalization and favour the infiltration of law into the social realm. But because of its ambivalent nature, it can and does serve as an alternative vehicle for social change – one that attaches more importance to how social agents produce law on a daily basis and how this law permeates official legal orders. To the contrary, juridification is typically a result of political actors taking the same position to the new governance as does Masterman. They respond to the new governance by downplaying its challenge to the Westminster model, trying to shore up representative democracy and appealing to the expertise and good will of judges and other professionals. The Politics of Juridification offers a timely contribution to debates about how politics is being affected by the increasing relevance of judicial bodies to the daily administration of Western political communities. While most critical analyses portray juridification as a depoliticizing, de-democratizing transferral of political authority to the courts (whether national or international Request PDF | What is juridification?
juridification the process whereby the law has come to exert an increasing influence on the employment relationship and the conduct of industrial relations. Justification definition is - the act or an instance of justifying something : vindication. How to use justification in a sentence. juridification is the process of increasing legal intervention in the employment relationship that can be seen in an expanding volume of Access to the complete content on Oxford Reference requires a subscription or purchase. Jurisdiction definition, the right, power, or authority to administer justice by hearing and determining controversies. See more. “Juridification” is an ambiguous term, both descriptively and normatively.
On the one hand, some spheres of the life-world such as the family and the school are often places of exploitation, degradation and humiliation and therefore seem to require the implementation of legal protection for their members. More specifically, the article adapts the multidimensional notion of juridifica-tion outlined by Anders Molander and Lars Christian Blichner in their article ‘Mapping Juridification’ (2008; 14 European Law Journal 36), and develops it into a more context-specific notion of juridification that is attendant to the specific nature of religion as a subject matter for law.
The normativity of networks; 6. The case of family networks; 7. Concluding remarks; Notes; References; Article Metrics; Related Articles; Comments There is more to the concept of juridification, and this is the power of the legal model (Brinkmann 1982): ‘The concept of juridification implies that legal language and decision-making methods have annexed other areas, such as the political or pedagogical’ (ibid.). Juridification.
Nevertheless, the growing juridification of the UK constitution, influenced by both the European Union and the European Convention on Human Rights, may continue to grow, particularly in these confusing times when the constitution is in flux and with the mass media coverage of the UK Supreme Court’s decision in Miller. 233 The Supreme Court and Court of Appeal have both accepted the
To address questions of implications of juridification processes, we focus on the relationship between law and politics. An analytical framework for the analysis of juridification processes is introduced to manage the vast implications of these processes. The discussion indicates complexity and contradictory outcomes of juridification processes. Explanations for the shifts from autonomy, through civilianisation, and then to juridification, ranging from political and social developments to new human rights and equal opportunities discourses, are offered for such changes.
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Habermas (1987) and Weber (1978) have both addressed juridification as an element of the formation of the Western democratic welfare state. juridification is a process whereby conflicts increasingly are being solved by or with reference to law.
We provide a framework for how the concepts of juridification and standardisation might be understood and analytically differentiated, drawing on theoretical discussions within both socio-legal and social work literature. Juridification and choice of education. Consequences of student rights. Increased regulation by law, specification of laws and individual legal entitlements has been described as processes of juridification.
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In Swedish schools, any degrading treatment must be reported to the head teacher who, in turn, has an obligation to report it to the governing body. While party juridification varies—reflecting parties' ideological differences—in contexts where organizational governance remains unregulated, once intra-organizational governance is subject to statutory constraints, parties emulate legal norms embedded in the state legal system, transcending what is legally required, which has important repercussions for how the law shapes civil society 2011-11-15 · This paper uses juridification as a concept to transcend the dichotomy of internal, voluntary, self-regulation of sport and external, compulsory, legal regulation. It describes how law, without necessarily invading a social field directly, can still reconstitute that field in its image. A year later, in 2006, I commenced my PhD-research on the juridification of workplace accidents in the nineteenth century in Belgium. I successfully completed and defended my thesis in 2010 (= more than one year before the end of my assistantship). From retrospect, this topic of juridification of workplace accidents proved extremely rich. Juridification of Social Spheres.