1,720,956 research outputs found
Against labour dispossession:A philosophical critique of the legal normalisation of undocumented migrants' exploitation in Europe
Get PDFThis doctoral dissertation undertakes a legal-philosophical investigation into the role of the European human rights regime in normalising legal structures that expose undocumented migrants to severe exploitation. It combines law and critical (migration) theory to examine the logic and functioning of regulations governing the residence and labour relations of undocumented migrants from both internal and external perspectives. It analyses the European Union’s Return and Sanctions Directives, along with a selection of landmark ECtHR judgments on the regularisation of undocumented migrants’ status and their protection against slavery, servitude, and forced labour. The dissertation introduces the term ‘il-legal alien’ to underscore the role of law in constructing and maintaining conditions of illegality and alienage. It situates its analyses within the broader context of the political economy of irregular migration under global capitalism and the market’s increasing deemand for cheap labour.The dissertation demonstrates that prevailing interpretations of European human rights laws reinforce and normalise structures of exploitability against il-legal aliens. It argues that these individuals are transformed into ‘pseudo-legal’ persons who lack the legal capacity to establish valid employment relationships. The illegalisation of their labour relations operates through a logic of ‘dispossession’, stripping them of the ability to autonomously control their bodily labour power. The dissertation shows that legal structures functioning under this logic bear similarities to legal regimes of slavery. The disserttaion highlights the liberatory potential of the right to unionisation, which could serve as the foundation for il-legal aliens’ collective struggle to reclaim their human right to work, independent of their residence status, in post-slavery Europe
Against labour dispossession:A philosophical critique of the legal normalisation of undocumented migrants' exploitation in Europe
No full textThis doctoral dissertation undertakes a legal-philosophical investigation into the role of the European human rights regime in normalising legal structures that expose undocumented migrants to severe exploitation. It combines law and critical (migration) theory to examine the logic and functioning of regulations governing the residence and labour relations of undocumented migrants from both internal and external perspectives. It analyses the European Union’s Return and Sanctions Directives, along with a selection of landmark ECtHR judgments on the regularisation of undocumented migrants’ status and their protection against slavery, servitude, and forced labour. The dissertation introduces the term ‘il-legal alien’ to underscore the role of law in constructing and maintaining conditions of illegality and alienage. It situates its analyses within the broader context of the political economy of irregular migration under global capitalism and the market’s increasing deemand for cheap labour.The dissertation demonstrates that prevailing interpretations of European human rights laws reinforce and normalise structures of exploitability against il-legal aliens. It argues that these individuals are transformed into ‘pseudo-legal’ persons who lack the legal capacity to establish valid employment relationships. The illegalisation of their labour relations operates through a logic of ‘dispossession’, stripping them of the ability to autonomously control their bodily labour power. The dissertation shows that legal structures functioning under this logic bear similarities to legal regimes of slavery. The disserttaion highlights the liberatory potential of the right to unionisation, which could serve as the foundation for il-legal aliens’ collective struggle to reclaim their human right to work, independent of their residence status, in post-slavery Europe
Against labour dispossession:A philosophical critique of the legal normalisation of undocumented migrants' exploitation in Europe
Get PDFThis doctoral dissertation undertakes a legal-philosophical investigation into the role of the European human rights regime in normalising legal structures that expose undocumented migrants to severe exploitation. It combines law and critical (migration) theory to examine the logic and functioning of regulations governing the residence and labour relations of undocumented migrants from both internal and external perspectives. It analyses the European Union’s Return and Sanctions Directives, along with a selection of landmark ECtHR judgments on the regularisation of undocumented migrants’ status and their protection against slavery, servitude, and forced labour. The dissertation introduces the term ‘il-legal alien’ to underscore the role of law in constructing and maintaining conditions of illegality and alienage. It situates its analyses within the broader context of the political economy of irregular migration under global capitalism and the market’s increasing deemand for cheap labour.The dissertation demonstrates that prevailing interpretations of European human rights laws reinforce and normalise structures of exploitability against il-legal aliens. It argues that these individuals are transformed into ‘pseudo-legal’ persons who lack the legal capacity to establish valid employment relationships. The illegalisation of their labour relations operates through a logic of ‘dispossession’, stripping them of the ability to autonomously control their bodily labour power. The dissertation shows that legal structures functioning under this logic bear similarities to legal regimes of slavery. The disserttaion highlights the liberatory potential of the right to unionisation, which could serve as the foundation for il-legal aliens’ collective struggle to reclaim their human right to work, independent of their residence status, in post-slavery Europe
Investigating the 1981 Massacre in Iran: On the Law-Constituting Force of Violence
Get PDFThe 1981 massacre of political dissidents could be considered the most extensive atrocity committed by the Iranian government after the 1979 Revolution. Yet, this massacre is one of the least investigated aspects of state-sponsored violence in contemporary Iran. In this article, we aim to shed light on the nature and scope of this forgotten massacre. The central thesis of this article is twofold. First, we claim that the 1981 massacre was a mass atrocity characterized by the extra-legal use of state violence. To substantiate this claim, we draw on first-hand archival material and empirical evidence that were collected during fieldwork. Secondly, we claim that the 1981 massacre played a major role in establishing the legal foundations of the theocracy that has remained in power for more than four decades. On a political level, this massacre took place within a crisis that was caused by post-revolutionary circumstances. During this crisis, the clerical rule seized power by suspending the pre-revolutionary legal order. On a legal level, the execution of political dissidents was carried out within a legal vacuum. The practices of Islamic Revolutionary Courts filled this legal vacuum and paved the way for the ratification of the first Islamic Penal Code (1982). The manifestation of state violence during the 1981 massacre embodies the fundamental characteristics of a political system that has built its foundations upon the disintegrated bodies and ruins of its political others.</p
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
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