bluuebunny/crossref_metadata_2025 huggingface dataset:
Human Resource Management and Industrial Relations in the Latin American Context
Authors: Amorim Wilson Aparecido Costa de , Carvalho Neto Antonio
Published: April 2021

With a particular focus on the Mercosur bloc, this chapter examines key features of human resource management (HRM) and industrial relations systems (IRS) in Latin America. Several key themes are explicated in the chapter. The first theme is whether the dissemination of HRM practices in an institutional setting that emphasizes the hierarchical and market characteristics of IRS will also produce some kind of convergence in these practices. The second theme is to what extent the rather different national institutional environments generate similar or different HRM practices. The third theme, relatedly, is whether evidence exists of mimetic influences in the spread of HRM practices. The framework discussed in the chapter could serve as a useful theoretical point of departure for identifying both national and regional contextual influences on HRM and IRS. It may ignite interest in comparative analyses in the Latin American context. Accounts of HRM in the Latin American context, along with comparative analyses of IRS of specific countries in the region, are significantly underrepresented in the literature. Furthering national comparative research on HRM practices of organizations in the Mercosur region could open up new lines of inquiry, in particular, on the likelihood of convergence or divergence.
Human Resource Management in a Public-Sector Context
Authors: Leisink Peter , Borst Rick T. , Knies Eva , Battista Valentina
Published: April 2021

Human resource management (HRM) scholars studying HRM in a public-sector context hold that the public-sector context is distinctive despite decades of reforms oriented on private-sector management principles. Distinctive characteristics include (1) the multiple goals that public organizations serve, making vertical alignment of HRM difficult; (2) the constraints on managerial autonomy resulting from red tape and trade union involvement; and (3) employees’ public service motivation, which is antithetical to performance management. However, there is a lack of evidence on public- versus private-sector differences in the human resource practices that are actually applied. Using Cranet 2014/15 survey, this chapter examines whether public-sector institutional characteristics affect the application of human resource practices as theoretically expected. The results show that, compared to the late 1990s, HRM in public organizations continues to differ in some respects from HRM in private-sector organizations, but not in other respects. The traditional belief that public-sector HRM is not outright aimed at efficiency and effectiveness still holds. The public service ethic and the resilience of collectivized industrial relations likely contribute to this. However, the traditional public-sector HRM orientation on employee well-being is less distinctive, which will likely affect the position of public organizations in the labor market.
Human Resource Management in the Family Business Context
Authors: Stavrou Eleni
Published: April 2021

Family businesses seem to have unique characteristics that make them different from nonfamily firms and, even though this phenomenon is understudied, they seem to differ substantially from nonfamily firms in the ways they handle human resource management (HRM). This chapter focuses on three key theoretical perspectives, namely, the resource-based view of the firm, institutional perspectives, and stakeholder analyses, to advance understanding of HRM in family-owned organizations. First, looking at the direct relationships between strategic HRM and distal competitive outcomes, the family business context seems to fall short compared to the non–family business context. However, when adding moderators, some relationships change, raising questions as to the appropriateness of extant theorizations of competitive advantage across organizational institutional settings. Second, family businesses seem to pay special attention to certain stakeholders when compared to their nonfamily counterparts, creating the need to explicate the reasons behind such emphasis. Third, family businesses seem to be affected by certain institutional constraints and enablers, necessitating their study in greater depth and the reasons behind their effects. Given these results, this chapter proposes a line of research devoted to the study of HRM in family business in its institutional context, also looking at the antecedents and the effects of such practices.
Human Resource Development
Authors: Heraty Noreen
Published: April 2021

This chapter provides an overview of global human resource development (HRD) and highlights some of the key contextual challenges driving increased emphasis on HRD investment. It adopts a multilevel and embedded stakeholder approach to consider explanations of HRD from a variety of perspectives. Definitional aspects of learning and development at the organizational level are first introduced, followed by a deeper consideration of who the different HRD stakeholders might be at each level and what their priorities might include. Trends in the macro context for HRD are then discussed before a review of the organizational-level context of HRD is presented. Drawing on data from successive rounds of the Cranet survey (2004/5, 2009/10, and 2014/15), HRD investment across the countries surveyed is presented, followed by a discussion on needs identification, targeted investment, and common evaluation strategies employed. Throughout, it is emphasized that the significance of HRD extends beyond any individual level of analysis and, increasingly, issues concerned with developing individual knowledge and skills are of global significance as organizations and nations strive to develop their competitive human capital base.
Human Resource Management in Emerging Markets
Authors: Horwitz Frank M. , Cooke Fang Lee , Kamoche Ken N.
Published: April 2021

Originally coined as a term for a grouping of developing countries which that were neither mature market economies nor “Third World” and with earlier linked terminologies, emerging markets reflect an evolving and diverse literature with a series of opportunities, encompassing the purely theoretical through to the methodological and the analytical. This chapter provides an overview examination of such theoretical approaches, indicating where there might be similarities, differences, or advantages to deploying multiple approaches to better understand the complexity and diversity of human resource management in these contexts. Examples of research using these approaches are given. The theoretical approaches include institutional theory, cross-cultural perspectives, emerging market multinational companies internationalization perspectives, the Afro-Asian nexus, resource and social capital perspectives, the postcolonial approach, and an examination of hybrid models. The latter may include similarities, convergence, and the interplay between one or more of these approaches.
Ballet at the Margins
Authors: Faulkner Molly , Gleich Julia K.
Published: April 2021

This chapter considers the careers of Karole Armitage and Bronislava Nijinska, two groundbreaking, twentieth-century choreographers who identify with ballet and yet consistently defy categorization. Born in different centuries, they share commonalities of marginalization both in how they are perceived as dance artists and in their ability to push the art form of ballet into the margins. Their works and ideologies are visionary, cross-discipline efforts that thrive on the immediacy of their respective times, creating new philosophical spaces and contexts. From Nijinska’s Les Noces to Armitage’s Drastic Classicism, their innovative, sometimes radical choreography and movement philosophies embrace a creative process rich in liminoidal uncertainty. This very “unclassifiableness” marks their work as contemporary ballet.
Royal Ballet Flanders Under Sidi Larbi Cherkaoui
Authors: Uytterhoeven Lise
Published: April 2021

This chapter evaluates Sidi Larbi Cherkaoui’s new tenure, since 2015, as artistic director of Royal Ballet Flanders within the company’s institutional history in context. Analysis of Cherkaoui’s dramaturgical approach to the programming of the ballet company’s seasons demonstrates that his artistic vision centers on the renewal of ballet as an art form. He explores the synergies between the classical, the modern, and the contemporary through a wide-ranging juxtaposition of choreographic material. Cherkaoui’s programming is strongly networked, enabling him to acquire key repertoire and new commissions for the company that are responsive to current debates about the state of the art form. The seasons are also shaped by a macro dramaturgy through which dance performance executes its function in society, as their juxtaposition of different ideas, voices, and perspectives invites audiences to critically reflect on cultural and political issues in the world at large.
The Disappearance of Poetry and the Very, Very Good Idea
Authors: Vass Freya
Published: April 2021

Critics in the early 1990s noted a diminishing of ballet’s aesthetics in a number of choreographer William Forsythe’s works. This chapter approaches the apparent disappearance of the poetic by comparing three terms used to describe energetic qualities of performance. Tracking from the “attack” associated with bravura or impassioned performance to neoclassicism’s insouciant “sprezzatura” and finally to contemporary and queer aesthetics of “fierceness,” it shows how contemporary ballet has come to reveal not only the energy and effort regulated or hidden in earlier styles but also the intense embodied experience of balletic practice. It then turns to Forsythe’s later choreographic and staging methods to describe how the ensemble’s continuing exploration of balletic principles shifted focus from the form’s external visual manifestation to the heightened perceptual attention and deep corporeal sensing inherent in the experience of dancing. In the process, Forsythe’s later choreographic research acknowledges and ratifies the skill, power, pleasure, and joy that balletic practice makes possible and that contemporary ballet more overtly displays.
Akram Khan and English National Ballet
Authors: Watts Graham
Published: April 2021

This chapter examines the development of Akram Khan’s choreographic pathway as an aggregate of diverse influences, primarily experienced through issues of identity, otherness, and interculturalism. Beginning with the early confusion of juxtaposing classical dance training in kathak and a fascination with Michael Jackson, Khan’s career has progressed, largely through an instinctive opportunism—absorbed from the “formless hunch” philosophy of early mentor, Peter Brook—and an ongoing fascination with the exploratory possibilities of collaboration through the hybrid mixing of dance disciplines to create his own style of mood movement. This process has taken Khan from the classical world of kathak, through contemporary dance, and back into another classical discipline, ballet, with detours along the way into flamenco, the Olympics, and text-based physical theater. The chapter describes the impact of all these experiences on Khan’s contribution to modern ballet, particularly in his association with English National Ballet.
Huff! Puff! And Blow the House Down
Authors: Samuel Gerard M.
Published: April 2021

The paradigmatic lens for contemporary ballet in South Africa hereafter traces the foray by some black choreographers into a reimagining of ballet’s form and choreographic approach. This chapter highlights some of the key historical moments and figures who have shaped ballet in South Africa and comments on the impact of the colonial and apartheid era. The epistemological import of a few stalwarts in ballet who have served its development are singled out and discussed. While Marina Grut and others provide a comprehensive testament to “white ballet,” few scholarly accounts of defiant “black dance in South Africa” are readily available. The contemporary conditions of black ballet dancers’ lives, many born in townships and jettisoned onto world stages, are laid bare. The chapter ends with a brief unpacking of works by Mthuthuzeli November and Dada Masilo, suggesting how these choreographers are changing the ballet brand.
The Cuban Diaspora
Authors: Tomé Lester
Published: April 2021

Since the 1990s, many dancers from Cuba have found work in North American and Western European ballet ensembles. This chapter describes how their international dance careers reflect high-skilled labor migration in the global economy, as well as the decentralizing expansion of ballet’s labor market. Migrant Cuban dancers cite a depressed local economy and the artistic stagnation of the Ballet Nacional de Cuba as fundamental reasons for looking for work in international ensembles. Their exodus is also political—extending into the present practices and discourses associated with the Cold War concept of defection. The numerous departures constitute a detrimental form of brain drain for Cuban ballet, which loses precious human capital and is relegated to the subaltern role of labor supplier for the international ballet community. Yet, this diaspora could also fuel brain gain—a scenario in which émigrés such as Carlos Acosta return home to reinvest in local institutions the knowledge and resources acquired abroad.
Ratmansky
Authors: Scherr Apollinaire
Published: April 2021

This chapter explores how the work of post-Soviet choreographer Alexei Ratmansky pursues what he calls “a brilliant development that wasn’t actually fulfilled.” With a paradoxical faith in historical continuity (given the Stalin-era “interruption”), this Russian émigré takes up not only where early Soviet ballet left off in the mid-1930s but even before, with Marius Petipa before twentieth-century gigantism got its hands on him. Whether through the relaxed posture, the dizzying but nonchalant steps, the crosshatched steps, or the corps in relation to the soloist, Ratmansky’s ballets bring out what an authoritarian system—of nation, ballet troupe, or ballet—represses. This applies to all his work: the original creations, adaptations, and historical reconstructions. The chapter treats a wide swath of his ballets, with particular attention to Swan Lake, Russian Seasons, and The Shostakovich Trilogy.
Introduction
Authors: Farrugia-Kriel Kathrina , Nunes Jensen Jill
Published: April 2021

The introduction to The Oxford Handbook of Contemporary Ballet describes the anthology’s objectives and overall structure. Working across continents, from London and Los Angeles, respectively, the volume editors, Kathrina Farrugia-Kriel and Jill Nunes Jensen, discuss the process of curating the book and ushering it into publication. The introduction sheds light on the motivation to bring into conversation various ballet communities, and those who have heretofore been separated based on how and where they contribute to dance. A rationale for grouping chapters according to subject matter rather than chronology is presented, and each chapter is mentioned briefly so readers can understand the book’s scope and organization while keeping the focus on the contributions. The editors did not seek to define contemporary ballet in the course of developing the anthology, but rather to uncover the diversity, and lack thereof, that is present in how ballet is studied, performed, perpetuated, and changed worldwide. The introduction makes the case that contemporary ballet is understood differently as contingent upon community and geography, and therefore includes artists whose work might challenge what some hold as signposts of the genre. The editors acknowledge that having a male body of color on the cover reorients not only ballet iconography but also how history records this moment in time. The decision to end the book with a part titled “In Process” serves as a nod to the idea that, as many problems are far from eviscerated, ballet does have the capacity to move forward and contemporize.
James Kudelka
Authors: Bowring Amy , Evidente Tanya
Published: April 2021

James Kudelka glides comfortably between the worlds of ballet, modern dance, and postmodern dance. As one of Canada’s most prolific choreographers, he has a repertoire that bridges classical and contemporary modes as he moves skillfully between revisiting classical behemoths such as Swan Lake and creating entirely new works driven by his masterful relationship to music and his ability to push the boundaries of ballet vocabulary and partnering. This chapter contextualizes Kudelka’s work within the historical narrative of ballet in Canada and his impact on the repertoires of the National Ballet of Canada and Les Grands Ballet Canadiens. Kudelka’s dominant themes of love, sex, and death; his vocabulary and strong emphasis on artistic collaboration; and his musical awareness are all crucial elements of his creative process and are integral to his exploration of the human condition through ballet.
The Family and Intergenerational Justice
Authors: Macleod Colin M.
Published: April 2021

This chapter explores the implications of a liberal egalitarian conception of justice for our understanding of intergenerational justice in matters concerning the family. It provides an overview of a cosmopolitan conception of liberal egalitarianism with specific focus on the goods for children, parents, and other members of society to which such a conception of justice should be sensitive. It considers how an ideal of liberal equality should address issues of intergenerational wealth and procreative liberty under both favorable and unfavorable conditions. The chapter also considers how intergenerational injustice in the past affects our understanding of the entitlements of current families to resources and opportunities.
Social Justice and Administrative Justice
Authors: Gulland Jackie
Published: April 2021

Social justice is a popular concept, used by academic theorists, international bodies such as the United Nations, politicians on both the left and the right and by community activists. This chapter considers how the term ‘social justice’ may or may not be useful in the context of ‘administrative justice’ by looking at the relationship between administrative justice and structural inequalities. Administrative justice scholars usually focus on procedures. By contrast, social justice scholars are more concerned with substantive outcomes. They draw attention to the major rifts in society which lead to huge inequalities of outcome in terms of material wealth, health, education and life expectancy. Administrative justice, with its emphasis on rule following and fair procedures, can often seem divorced from these inequalities. This is where the concept of social justice can help administrative justice scholars. Administrative justice scholars, often dismiss outcomes as being beyond the reach of law, as being about politics. The emphasis on the ‘social’ in social justice compels us to look at this broader context and to show us how the great schisms in society create and enforce inequality.
Administrative Justice and Empirical Legal Research
Authors: Hertogh Marc
Published: April 2021

For many years, most studies on administrative justice were written from a doctrinal legal perspective. More recently, however, administrative justice has also become the subject of a growing body of empirical research. This chapter provides an overview of empirical administrative justice research in three fields: administrative decision-making, redress mechanisms, and the impact of redress mechanisms on administrative practice. In legal doctrine, ‘legal instrumentalism’ has become central to thinking about administrative justice. However, the findings from empirical research provide little support for the underlying assumptions of instrumentalism. In this way, empirical legal research forces us to rethink the relationship between administrative law and administrative justice. The chapter concludes that while in some cases law and legal institutions may be an effective instrument to promote administrative justice in other cases, the direct impact of law is severely limited and law may even have a negative effect on the quality of administrative justice.
Administrative Decision-Making on the Frontline
Authors: Martin Richard
Published: April 2021

This chapter explores decision-making at the frontline of public administration. It begins by asking what might be meant by ‘the frontline’, who frontline decision-makers are, and why they are worthy of study. It proceeds to identify the contribution of administrative justice scholarship to initial decision-making before sketching wider disciplinary engagement with frontline administration and the research methods adopted. With this platform in place, the chapter adopts the micro-, meso-, and macro- levels of sociological inquiry to structure the analysis of various factors that influence decision-making on the frontline. This main section of the chapter reviews empirical studies of administrative agencies, from tax inspectors and welfare-to-work officials to reviewers of criminal appeals and police officers. The chapter concludes by reflecting on what administrative justice’s particular analytical focus and scholarly preoccupations might yet offer the study of frontline decision-making, drawing attention to juridification, agency statutory interpretation, and ethical duties.
Administrative Adjudication
Authors: Lubbers Jeffrey S.
Published: April 2021

The US system of administrative adjudication in which our federal agencies decide disputes with private parties themselves with administrative hearings, with an internal appeal, followed by judicial review based on the administrative record in the federal courts is familiar to American lawyers. But that is not the system that is followed by most countries around the world—where agency decisions are typically made in a very informal manner, with any requested hearings taking place in administrative courts or tribunals and sometimes with further review in the ‘regular’ courts. This dichotomy between the US system of internal administrative adjudication and external administrative adjudication around the world reveals that the United States is the outlier. This chapter describes this dichotomy in more detail and examines its implication in terms of administrative justice and other qualitative measures of the different models.
Law Enforcement Organization Relationships with Prosecutors
Authors: Richman Daniel C.
Published: April 2021

Although police departments and prosecutor’s offices must closely collaborate, their organizational roles and networks, and the distinctive perspectives of their personnel, will inevitably and regularly lead to forceful dialogue and disruptive friction. Such friction can occasionally undermine thoughtful deliberation about public safety, the rule of law, and community values. Viewed more broadly, however, these interactions promote just such deliberation, which will become even healthier when the dialogue breaks out of the closed world of criminal justice bureaucracies and includes the public to which these bureaucracies are ultimately responsible. This chapter explores such organizational interactions and their value.
Community Prosecution and Building Trust Across a Racial Divide
Authors: Wright Ronald F.
Published: April 2021

Community prosecution seeks input from local groups to shape the priorities of the prosecutor’s office. Prosecutors who listen to the community aim to develop a relationship of trust between the community and the local prosecutor’s office; such outreach is especially valuable in connection with racial minority groups with a history of negative experiences with criminal justice actors. A community prosecution strategy calls for the office to work with community partners both upstream and downstream from the criminal courtroom. The upstream efforts involve diversion of defendants out of criminal proceedings and into treatment and accountability programs outside the courts. Downstream efforts include programs to promote the smooth re-entry of people returning to the community after serving a criminal sentence. Community prosecution is best accomplished in offices committed to collection and use of data, transparency, and accountability to the public.
Prosecutors and National Security
Authors: Roach Kent
Published: April 2021

This chapter examines the distinct operational and ethical challenges that prosecutors face in national security and especially terrorism cases. The second part of this chapter focuses on the operational challenges that prosecutors face. These include demands for specialization that may be difficult to fulfill given the relative rarity of national security prosecutions; the availability of special investigative powers not normally available in other criminal cases; exceptionally broad and complex offenses; and the demands of federalism and international cooperation. The third part examines ethical and normative challenges that run throughout the many operational aspects of the prosecutorial role in national security cases. These include the challenges of ensuring that often exceptional national security laws are enforced in a manner consistent with the rule of law and human rights. There are also challenges of maintaining an appropriate balance between legitimate claims of secrecy and legitimate demands for disclosure and between maintaining prosecutorial independence and discretion while recognizing the whole of government and whole of society effects of the many difficult decisions that prosecutors must make in national security cases.
Testing Charges
Authors: Fairfax Roger A.
Published: April 2021

The authority of the prosecutor to file charges is broad but not plenary. Legal systems create various mechanisms to test the quality of the evidence supporting the charges that the prosecutor files. This chapter describes and evaluates those mechanisms, including review of charges by judges, popular review of charges by grand juries and trial juries, and reconsideration of charges by prosecutors themselves. The intensity of the review of charges varies at different stages of the proceedings. The chapter compares the review available at the point of warranted arrest, warrantless arrest, grand jury, probable cause hearing, preliminary hearing, motion to dismiss, motion to suppress evidence, jury trial, bench trial, motion for judgment of acquittal, motion for new trial, appellate review of evidentiary sufficiency, and collateral proceedings.
International Investment Law as Transnational Law
Authors: Perrone Nicolás M.
Published: April 2021

This chapter examines the international investment regime through the lens of transnational law. It argues that this regime would not exist—or at least not in its current form—if it was not for the transnational ambition of some bankers, lawyers, and academics who dreamed of moving foreign investment relations beyond the traditional categories of public and private law and international and domestic law. The current normal in international investment law started with audacious treaty models, writings and awards. This chapter contrasts this approach with the important academic debates about this field, which have paradoxically focused on whether international investment law is public or private law or if international or domestic law should control foreign investment relations. To conclude, the chapter looks at the situation of local nonstate actors in foreign investor relations, examining whether they could also rely on audacious transnational legal thinking to protect their interests.
Transnational Law and Economic Sociology
Authors: Frerichs Sabine
Published: April 2021

Transnational law interacts in various ways with the law of the global economy. Students and experts of transnational law will therefore most likely come across economic arguments. Economic sociology questions mainstream economic perspectives, including their adaptations to the law, and also differs from new institutional economics. By integrating different levels of analysis, economic sociology, and related scholarship in critical political economy, seeks to provide a more comprehensive account of the interrelations of law, economy, and society—and of the rationalities at play. This chapter outlines an economic sociology of law which exposes the constructed nature of the law of the global economy and elucidates the elective affinity between law and economics, which also affects our understanding of transnational legal ordering. To reconstruct this tendency, the chapter develops the concept of the law of market society, which has a critical potential with regard to more conventional perspectives on transnational economic law.
Transnational Sustainability Governance and the Law
Authors: Paiement Phillip
Published: April 2021

Transnational governance raises challenging questions about the appropriate roles of legal institutions, states, and global markets in realizing and protecting social and environmental sustainability. Diverse groups of actors, ranging from multinational companies to grassroots social movements, engage in manifold strategies to respond to the consequences of economic globalization on local environments, precarious workers, and Indigenous and traditional communities. This chapter evaluates transnational governance activities in light of a dichotomy between two opposing globalizations, one which is focused on realizing economic solutions to the economic factors that threaten sustainability, the other which leverages the mobilization of bottom-up social movements to develop political responses. Through examples of private rulemaking, corporate self-regulation, transnational constitutional movements, extraterritorial legislation, and transnational litigation, this chapter identifies conflicts about the capacity of global markets to guarantee social and environmental sustainability, as well as the role of the contemporary state and its institutions in governing global market actors.
Terrorism and Transnational Law: Rules of Law under Conditions of Globalization
Authors: Murphy Cian C.
Published: April 2021

This chapter examines the relationship between law, terrorism, and globalization. Terrorism is the use of violence for political end. The terrorist attacks on September 11, 2001, and the response to the attacks have reshaped relationships between law and politics. That day marks a point of rupture—one consequence of which has been the increasing transnationalization of counterterrorism law, which exists in the space between and across rules of international peace and security, and national laws. Today, there is a growing appreciation of the intrinsic and causal links between activities of states and of international organizations to combat terrorism and the risk of further terrorist attacks. Globalization, terrorism, and the response to terrorism are all disruptors. Their interplay will reshape states and their authority for decades to come.
Democracy and Human Rights Adjudication in the Inter-American Legal Space
Authors: Urueña René
Published: April 2021

This chapter describes the emergence of the Inter-American transnational law of human rights, its doctrinal characteristics, and some its main challenges. It focuses on the practice of the Inter-American Court of Human Rights, and proposes the notion of an Inter-American legal space as a different (and more useful) prism than a hierarchical view of constitutionalism to think about the challenges of legitimacy and democracy in Inter-American human rights adjudication. Instead of thinking solely about national democracies, this chapter argues, it is useful to think of democracy in the context of an Inter-American legal space. While the balance between the appropriate Inter-American standard of review and the democratic pedigree of the primary decision is fundamental for the democratic legitimacy of the regional court, the notion of Inter-American legal space allows us to see that, in a context of human rights indeterminacy, such democratic balancing needs to be performed in reference to a regional (and not solely national) process of democratization, in which an Inter-American community of human rights practice will continue to play a central role.
Transnational Law and Feminist Legal Theory
Authors: Kapur Ratna
Published: April 2021

This chapter examines the relationship between transnational law (TL) and feminist legal theory (FLT), focusing on the specific historical and political trajectories advanced by FLT in the transnational context and how they influence understandings of gender, sex, and sexuality in law. It demonstrates how these concepts have come to be understood in women’s human rights campaigns against violence against women (VAW) in both the domestic and global contexts. The chapter sets out how these concepts have been taken up in FLT, which in this overview, includes the poststructural, queer, and postcolonial feminist critiques of these concepts. The chapter then illustrates how in the context of VAW, “solutions” have mainly taken the form of carceral measures and a general tightening of the sexual security regime. The chapter provides a fuller understanding of the transnational effects of FLT and its limitations as a progressive project.
Transnational Law and the Ethnography of Corporate Social Responsibility
Authors: Knöpfel Laura
Published: April 2021

This chapter introduces transnational law as a bridge-building modality between different forms of knowledge, internal as well as external to the law. It juxtaposes, in an exemplarily way, legal and anthropological knowledge about corporate social responsibility in global value chains in order to reveal transnational law’s faculty to find creative solutions to border-transcending human problems. It shows how nonlegal knowledge may inform on legal doctrine through an investigation of certain anthropological concepts—such as the gift and reciprocity, performance and the secular ritual, relational personhood and detachment. This chapter presents a way of ‘doing interdisciplinarity’ that avoids the danger of instrumentalizing nonlegal knowledge to find ‘better’ solutions to doctrinal problems. By drawing on transnational law as a methodology of mutual irritation and translation, this chapter pushes the boundaries of legal research into the pressing questions of corporate responsibility in entangled cross-border economic relations.s
The Postmodern Normative Anxiety of Transnational Legal Studies
Authors: Claudia Leonelli Giulia
Published: April 2021

This chapter seeks to establish whether a normative discourse on law’s legitimacy can be successfully reconstructed in the face of law’s increasing transnationalization. It explores the postmodern normative conundrum of transnational legal studies, highlighting the normative dilemmas of both Transnational Legal Pluralism and Transnational Legal Ordering theory. It then puts forward an alternative framing of “transnational law” and “transnational legal analysis”; this opens up new opportunities for an inquiry into law’s legitimacy through an application of Conflicts Law theory. After an overview of the merits of Conflicts Law, the chapter assesses the limits to its successful application. An inner tension exists between Conflicts Law theory’s modernist foundations and its application to increasingly complex legal and regulatory conflicts in the postmodern landscape. Against this overall backdrop, the chapter advocates a turn back to substantive, purposive forms of normativity and the rematerialization of law beyond the nation-state.
Beyond Borders and Across Legal Traditions: The Transnationalization of Latin American Lawyers
Authors: Gómez Manuel A.
Published: April 2021

Latin American lawyers have been usually acknowledged for their influence and involvement in the formation, organization, and functioning of the state. Since the political movements that led to the independence from the European colonial powers more than two centuries ago until today, lawyers have always been front and center in the life of every Latin American country. From their most obvious occupations as judges, advocates, and legislators, to several other less visible roles, legal professionals are both ubiquitous and important. The intensification of globalization in recent decades has inevitably affected the role of Latin American lawyers, thus compelling us to look beyond national borders. This chapter does precisely that. It examines the transnational dimension of Latin American lawyers by looking at the contributing factors that led to its development. The chapter describes some of the common traits of transnational lawyers in the region. This chapter also explores the rise of mass torts and consumer protection in Latin America, two of the most visible areas that showcase the transnationalization of legal practice. The time frame of this chapter is the last three decades, a period of important political, economic, and social developments across the region, and also for the legal professions globally. In a more general way, this chapter engages with the broader discussion about the transnationalization of law in contemporary society, and the transformation of the legal profession.
Transnational Legal Education in China
Authors: Minas Stephen
Published: April 2021

This chapter provides an overview of the transnational legal education in the People’s Republic of China. The developments of recent decades are situated within the historical context of the rebuilding of China’s legal system and profession following the Cultural Revolution. The chapter considers the motivations for law schools to transnationalize legal education, including government policy, market demand for transnationally capable lawyers, and competition between universities. Key developments in transnational legal education are identified, as are salient institutional case studies. The chapter concludes with a discussion of the prospects for Chinese transnational legal education to move beyond legal borrowing and reflect an emerging China-centered legal practice, exemplified by the Belt and Road Initiative.
Global Administrative Law: A Transnational Perspective
Authors: Ladeur Karl-Heinz
Published: April 2021

The most important phenomena attributable to the project of “global administrative law” (GAL) consists of rules, principles, practices, or procedures that have a more informal character and are generated from networks of public and private actors. The main characteristics of those rules is that they tend to be generated below the level of formal international treaties and that norm production occurs—at least in part—outside traditional formal modes of decision-making. However, some GAL norms including standards on products and services in particular, can have far reaching consequences as their factual weight is much more influential than domestic norms. GAL also develops new forms of procedure (e.g., voting) that are different from traditional international forms.
Artifacts, Symbols, and the Socio-cultural Dynamics of Niche Construction
Authors: Sinha Chris
Published: April 2021

Niche construction theory is a relatively new approach in the biological and socio-cultural sciences that seeks to integrate an ecological dimension into the Darwinian theory of evolution by natural selection. Language itself can be considered as a biocultural niche and evolutionary artifact. An analysis of the cognitive and semiotic status of artifacts, based upon a distinction between the fundamental semiotic relations of “counting as” and “standing for,” reveals that language as a social and semiotic system is not only grounded in embodied engagements with the material and social-interactional world, but also grounds a sub-class of artifacts of particular significance in the cultural history of human cognition. Symbolic cognitive artifacts inherit their representational function from language. They materially and semiotically mediate human cognition, and are not merely informational repositories, but co-agentively constitutive of culturally and historically emergent cognitive domains. Examples of this constitutive role of symbolic cognitive artifacts are drawn from the author’s research with his colleagues on cultural and linguistic conceptualizations of time, and their cultural variability. The implications of conceptualizing cognition as the co-agentive intermeshing of intersubjective and interobjective processes, lead to a distinction between the notion of “extended embodiment” as labeled here and other “extended mind” approaches.
Poetry
Authors: Lombardi Elena
Published: April 2021

‘AUIEO’ (Convivio IV, vi, 3): midway in his career, Dante explores an etymology for poetic authority that singles out poets as those who join together words with rhyme and rhythm. In his linguistic thought, Dante views poetry as a form of ‘binding’ that stabilizes and preserves the vernacular, and turns it into an established language (a ‘grammar’, like Latin or Greek), without annihilating the vitality of the natural language. This chapter argues that the reach of poetry in Dante’s work extends well beyond language, to become a true episteme that is able to accurately read and retell the world and even God. Disenfranchised from the burden of authenticity and authentication (and also from automatism and replication), the poet forges a new outlook on the universe, and endows poetry with powers of exploration and reflection, whilst still retaining its lyrical genetic code and its links to affectivity and individuality.
Encyclopaedism
Authors: Meier Franziska
Published: April 2021

At the beginning of the 1990s, the issue of whether and to what extent medieval encyclopaedias may have had an impact on Dante’s works seems to have been settled by Zygmunt Barański and Cesare Vasoli. Differently to their skeptical viewpoint, this chapter pleads for a reconsideration of the question by taking into account the results that almost thirty years of research on medieval encyclopaedias, their genres, their evolution, and the array of styles have brought to the fore. On the basis of this much more differentiated picture of how encyclopaedic writings organize knowledge, the chapter emphasizes the extent to which Dante’s Convivio may be placed within the range of experimental encyclopaedic forms that cropped up in the aftermath of Vincent of Beauvais’s Speculum. At the end, the chapter addresses encyclopaedic aspects in the Commedia.
The Mediterranean
Authors: Mallette Karla
Published: April 2021

This chapter discusses Dante’s relationship with major issues of interest to scholars of Mediterranean history, including his knowledge of Mediterranean geography; his understanding of the ships used to cross the Mediterranean from Italian ports; and his references to literature, philosophy and technology that reached Italy from across the Mediterranean. In particular, the chapter considers Dante’s knowledge of the mi ‘raj (the traditional narratives of the Prophet Muhammad’s miraculous journey to Hell and Heaven), as well as Islamic stories of the opening of the heart of Muhammad in preparation for his role as prophet. It reviews Dante’s references to the philosophy of Averroes. It argues that the new papermaking technologies that had reached Italy from the eastern Mediterranean during the century before Dante’s life, and Italian papermaking innovations like the watermark, were of particular importance to Dante in a practical sense and as source of poetic imagery.
Bodies on Fire
Authors: Howie Cary
Published: April 2021

This chapter discusses the complications of the human body as it appears in Dante’s Commedia. The chapter argues for the body’s fiery potential, the way it challenges some of the schemes according to which Dante’s poem at first seems to be organized. In the depths of hell as on the slopes of purgatory, as in the eccentric centres of heaven, bodies burn: but this burning is, above all, the sign of their deepest mystery, rather than a symptom of eternal foreclosure. Dante thus gives his readers the remarkably equivocal evidence for how there may always, in his world as in any other, be more to be seen and more to be felt; and for how the human body may be most fully human when it is most fully open—to resignification, to desire, to the adjacent particularities of other human bodies, and to its own unsoundable surfaces and depths.
The Mystical
Authors: McGinn Bernard
Published: April 2021

The question of whether Dante was a mystic depends very much on one’s understanding of mysticism. Making use of a broad conception of mysticism as the preparation for, the consciousness of, and the life-transforming effect of an immediate consciousness of God, this chapter argues that Dante can be seen as a mystic. In the Letter to Cangrande Dante claims that he wrote the Paradiso on the basis of an ineffable vision of the divine essence similar to that of the rapture of the Apostle Paul. An analysis of key sections of the Commedia, especially in the Paradiso, bears out this claim and shows that the poet makes use of many of the major themes of mysticism (purification, the relation of knowing and loving, vision, union, etc.) in crafting the great work that was designed to help lead humans from the misery of sin to the state of blessedness.
The Lyric Mode
Authors: Southerden Francesca
Published: April 2021

Dante is before all other things a lyric poet and this chapter explores his commitment to lyric from his earliest compositions to the Commedia. For Dante, lyric is the natural mode for expressing desire and is particularly marked by pleasure. Indeed ‘modo’ is the word he uses in both Vita Nova and Commedia to represent the indissoluble bond between love and speech that animates the desiring subject and leads to the production of poetry. This chapter traces the significance of this word in the Occitan and early Italian love lyric, especially in its associations with measure (misura) and desire’s tendency to transgress it. It considers how the lyric mode is employed to convey the intensity of the love experience and the porous nature of the desiring body, especially in Dante’s relationship to Beatrice and as expressed in flexible and expansive forms of textuality that resist closure.
Dante on Screen
Authors: Rhodes John David
Published: April 2021

This chapter investigates the conjunction of Dante and the cinema according to three, highly selective rubrics: the literal, the allusive, and the structural. This way of conceptually characterizing major tendencies in the cinema’s address to Dante helps us understand not just a network of references and homages, but rather the aesthetic, formal, and perhaps even political fruits of filmmakers’ engagement of the Dantean legacy. Examples are mainly drawn from Milano Films’ 1911 adaptation of the Inferno, directed by Francesco Bertolini and Adolfo Padovan; Pier Paolo Pasolini’s Accattone (1961); and Hollis Frampton’s Zorn’s Lemma (1970).
The Classics
Authors: Barański Zygmunt Guido
Published: April 2021

The chapter examines the medieval idea of the literary ‘classic’—a notion that discriminated between ‘major’ and ‘minor’ authors (auctores maiores and auctores minores) to establish the status and function of both groups in Dante. It thus focuses not only on the ways in which the poet may have read ‘authoritative’ writers, but also on how and when he came into contact with their works. Specifically, the manner in which Dante utilized pagan writers is profoundly shaped by the commentary traditions on their works, by their presence in later writers, and by their exemplary status in an extremely wide range of genres from Scriptural exegesis to teaching manuals. Equally, the question of when and where Dante may have read, or whether he had even read in full, particular texts and authors is crucial when endeavouring to establish the poet’s education and intellectual formation (this chapter offers an illustrative account of Dante’s access to Virgil’s works).