This book chapter proposes a typology of the different ways that domestic courts may use foreign law — as binding law, as a nonbinding norm, as an interpretive aid, as a basis for functional comparison, and as factual information — and it explores the implications of these different uses for judicial internalization of external norms. The chapter argues that domestic courts play a key role in transnational processes of norm internalization and diffusion, and it draws on political science scholarship to develop hypotheses about how different uses of foreign law by domestic courts affect these processes.
This book chapter proposes a typology of the different ways that domestic courts may use foreign law — as binding law, as a nonbinding norm, as an interpretive aid, as a basis for functional comparison, and as factual information — and it explores the implications of these different uses for judicial internalization of external norms. The chapter argues that domestic courts play a key role in transnational processes of norm internalization and diffusion, and it draws on political science scholarship to develop hypotheses about how different uses of foreign law by domestic courts affect these processes.
This book chapter proposes a typology of the different ways that domestic courts may use foreign law — as binding law, as a nonbinding norm, as an interpretive aid, as a basis for functional comparison, and as factual information — and it explores the implications of these different uses for judicial internalization of external norms. The chapter argues that domestic courts play a key role in transnational processes of norm internalization and diffusion, and it draws on political science scholarship to develop hypotheses about how different uses of foreign law by domestic courts affect these processes.
A critical perspective on law and political economy requires an appreciation not only of how race, gender, sexuality, class, national origin, immigrant status, and other aspects of our identities intersect and interact, but also why they do so. Focusing on the United States as a settler colonial state, this essay suggests that the primary markers of identity used to oppress people are themselves the master's tools, i.e., constructs of the colonial project. Building on the late Stokely Carmichael's distinction between the paths of the exploited and the colonized, it argues that remediating status-based injustices will require us to go beyond a redistribution of social goods and resources, or even institutional restructuring, to challenge the paradigm that works to define and contain us—the one that propelled Western colonialism and now permeates not only the United States but legal, economic, and political institutions around the world.
Abstract The teaching of reading in different languages should be informed by an effective evidence base. Although most children will eventually become competent, indeed skilled, readers of their languages, the pre‐reading (e.g. phonological awareness) and language skills that they bring to school may differ in systematic ways for different language environments. A thorough understanding of potential differences is required if literacy teaching is to be optimized in different languages. Here we propose a theoretical framework based on a psycholinguistic grain size approach to guide the collection of evidence in different countries. We argue that the development of reading depends on children's phonological awareness in all languages studied to date. However, we propose that because languages vary in the consistency with which phonology is represented in orthography, there are developmental differences in the grain size of lexical representations, and accompanying differences in developmental reading strategies across orthographies.
Since the introduction of the topic of overeducation, there has been a methodological debate on the most effective measurement tool. This debate has concluded that there is no single most appropriate method to measure overeducation, which depends entirely on data availability. By using the Integrated Labour Market Panel Survey (ILMPS) for Egypt (1998-2018), Jordan (2010-2016) and Tunisia (2014), this paper contributes to the existing literature on overeducation by measuring it across a sample of Arab countries using different methods as specified in the literature. The results reveal that the incidence of overeducation significantly varies across the measures. The subjective WA approach yielded the highest incidence of overeducation among the measures, whereas JA approach produced the lowest incidence. The RM approach, however, fell in a middle between the two other approaches and captured the region's political conflict and social unrest. Moreover, the Spearman rank correlation between the measurements was relatively low, indicating short overlaps among workers categorized as overeducated across measures.
Keywords: Overeducation, Arab countries, Workers' self-Assessment, Job analyst, Realized Matches.
AbstractBased on data from four different surveys – street children in Accra, Ghana; street children in Bamako, Mali; children and youth in alluvial‐diamond production in Kono district, Sierra Leone; and war‐affected children in Voinjama district, Liberia – this article analyzes how children and youth seek to use different economic strategies to shape their lives. In each of these cases, child labour is a consequence of poverty, steep school fees and the family need for the income that the children can earn. The results show school attendance among the children is low, and lowest among the street children and highest among the children in Voinjama who have recently returned after the war. All the children in this article live under difficult circumstances, but those working in the mines, or living a life as street children are particularly prone to respectively physical and mental stress. The type of labour performed in the alluvial diamond mines is extremely hard and repetitive. The life of a street child in West Africa is also very hard. It is a life that only the boldest and bravest will endure. The most fortunate ones are the returnee children in Voinjama. They have survived the Liberian civil war with their family or family‐related networks intact. The children in the study are not just passive victims of structures and actions they do not comprehend, but also people who try to adapt to a situation where education is less an option than it used to be. Faced with these constraints the children, either as miners or as street children, try to assume responsibility for their lives by the choice of the economic strategy that they are currently using. The study also indicates that efforts to support these groups should pay more attention to their lived realities of work and migration.
