Normative Complexity Research Articles

When will the courts recognize the independence of the grounds for compensation for damage caused by the illegal use of procedural for in Part 3 of Article 133 of the Code of Criminal Procedure of the Russian Federation?

The uncertainty of the criminal procedure legislation regarding the recognition of the right to compensation for harm for a certain category of persons gives rise to the relevance of the study of this issue. Based on the provisions of part 3 of Article 133, Article 139 of the Criminal Procedure Code of the Russian Federation, an analysis of the normative complex has been carried out with the help of which, in judicial practice, compensation for harm to persons caused by the unlawful application of procedural coercion measures to them should be ensured. Special attention is paid to court cases, the content of which reveals the problems of establishing the grounds for compensation for damage caused by the illegal use of procedural coercion measures. It is concluded that only participants in criminal proceedings, criminal prosecution against whom has been terminated on rehabilitative grounds, or illegally subjected to compulsory medical measures, as well as other persons illegally subjected to procedural coercion measures, have the right to compensation for harm in rehabilitation. Thus, the list of persons eligible for rehabilitation is definite and not subject to broad interpretation.

Sphere transgressions in health and social care: reflections on the role of the embedded social scientist

ABSTRACT Social scientists are increasingly involved in large health technology consortia to enhance the societal relevance and acceptability of the innovations that are developed, tested, or implemented. In this paper, we critically reflect on the role of such ‘embedded social scientists’ in various digital health technology initiatives. We reflect on our experiences in several large-scale consortia and smaller local partnerships we were involved in studying the development of digital technologies in health and welfare. Informed by our background in pragmatist interventionist research, we suggest that there are additional tensions and action repertoires for social scientists beyond the identification of transgressions, as proposed by the Sphere Transgressions framework. However, the Sphere Transgression framework focuses primarily on signaling potentially problematic conversions of advantages, it produces fewer immediately relevant clues on what other kinds of contributions social scientists can make to responsible and ethical forms of innovation, and how they can do so. We describe three tensions emerging from the conflicting agendas, goals, and expectations of different stakeholders, zooming in on how we navigated this normative complexity. In the discussion, we tie our reflections to the role of power dynamics in technology consortia and the boundaries of embedded research.

The Normative Complexity of Virtues

On what I will call the standard view, the distinction between the moral and the epistemic realms is both psychologically and conceptually prior to the distinction between any two given virtues. This widespread view supports the claim that there are moral and intellectual (or epistemic) virtues. Call this the fundamental distinction. In this paper, I raise some questions for both the standard view and the fundamental distinction, and I propose an alternative view on which virtues regain priority over the moral/epistemic divide. I suggest understanding them as normatively complex, distinctive sensitivities to both theoretical and practical reasons.

Integrating System Dynamics and Action Research: Towards a Consideration of Normative Complexity Comment on "Insights Gained From a Re-analysis of Five Improvement Cases in Healthcare Integrating System Dynamics Into Action Research".

Holmström and co-authors argue for the value of integrating system dynamics into action research to deal with increasing complexity in healthcare. We argue that despite merits, the authors overlook the key aspect of normative complexity, which refers to the existence of multiple, often conflicting values that actors in healthcare systems have to pragmatically develop responses to in their daily practices. We argue that a better theoretical and empirical understanding of the multiplicity of values and how actors deal with value conflicts in daily practices can enrich discussions about complexity in healthcare. We introduce the alternative methodology of 'value exnovation' for action researchers to broaden the scope of system-based thinking and action research in healthcare.

Bedtime negotiations: Unravelling normative complexity in hospital-based prevention.

This study explores how actors deal with normative complexity in the design and implementation of practices of preventative care. Previous studies have identified conflicting (e)valuations of prevention within health care at large, but little empirical research describes how these conflicts are resolved in day-to-day interactions. Zooming in on the work of a single actor, our ethnographic study describes a Dutch psychiatrist developing a novel type of hospital bed that provides preventative psychiatric care for women in the post-partum period. Drawing on pragmatic sociology of justification, we construe 'beds'-and the time, people and resources they represent-as points of convergence between conflicting valuations of care. The results show that embedded modes of valuation in a curative hospital setting generate significant normative complexity during implementation. We identify three main strategies through which normative complexity is managed: (a) translating between different modes of valuing prevention, (b) compromising in (material) design of care beds and (c) transcending embedded valuations through moral appeals. By showing the normative complexity of prevention in practice, our study highlights the need for a diverse and situated accounting for preventative care.

Italy in Front of the Challenge of Infrastructure Maintenance: Existing Issues and Promising Responses

It is puzzling how the optimal maintenance of infrastructure gets so little attention in the public policy debate and in national strategic infrastructure investment plans. In the case of Italy, an information deficit, inadequate strategic planning and governance, and unpreparedness for macro changes affecting infrastructure emerge as critical root causes of neglect. Despite the increasing attention to sustainability (at national, EU and international level), it is not consistently implemented along the life cycle of infrastructure assets, which would entail adequate funding to operate and maintain existing assets. Public administration plays a critical coordination role and must tackle the excessive normative complexity and consequent lengthiness of the authorization processes. Despite some unmet challenges, several ongoing interventions show Italy’s commitment to address some of the issues. Notably, the creation of an integrated repository tracking all the country’s infrastructure projects, or the national guidelines recently issued to rank and prioritize bridge safety interventions.

Common Contexts of Meaning in the European Legal Setting: Opening Pandora’s box?

The way comparative law methodology is handled by the variety of experiences of normative complexity around the world is, in itself, a stimulating and promising field of research. In particular, the “hybrid” character of the European Union legislation, being juridical and linguistic at the same time, remains the core of comparative law studies, but the dynamic relationship between law and language is constanlty producing ever-changing scenarios, calling for combined scientific approaches. Along with comparative law, semiotics in particular has ensured the proper reading of the complex juridical and linguistic interconnections between the EU legislation and the national courts interpreting and applying them, thanks to its implicit dynamicity and ability to favor the visualization of the real normative semantic flow. By means of a case study, the opening of this “Pandora’s box” will demonstrate that, despite the lack of correspondence among EU categorical and conceptual structure, legal language, court enforcement and spirit of the people (social group), shared contexts of meanings within the EU and the national contexts are already flourishing and become visible when approached from a specifically comparative and semiotics point of view, that's to say as legal formants and as signs and meta-concepts.

Unifying and universalizing Personalised Care? An analysis of a national curriculum with implications for policy and education relating to person-centred care

ObjectiveTo examine the Curriculum of England’s Personalised Care Institute as a national initiative to promote person-centred practice. MethodAnalysis of Curriculum content and discourse ResultsThe Curriculum describes an educational framework which aspires to unify approaches and universalize provision of Personalised Care. It presents 8 “models and approaches” and 6 “components” within the “whole” of Personalised Care. It locates their unity in an underlying common core repertoire of professional capabilities and values and an anchoring belief in people’s strengths, resourcefulness and ability to develop their own solutions with appropriate support. The Curriculum indicates some complexity in the provision of Personalised Care but leaves unanswered questions about the theoretical coherence of the concept. It also neglects some important aspects of person-centredness (especially values beyond empowerment and choice); the implications of entrenched social inequalities and systemic prejudices; and other practical-ethical implementation challenges that can be difficult for health professionals. ConclusionThe Curriculum signals a national commitment to person-centred practice, but its practical potential is limited by its neglect of the value tensions and diverse situational challenges involved. Practice implicationsThe Curriculum and similar policy-education initiatives could be strengthened by more explicit attention to the normative complexities of person-centred practice.

Uređenje državljanstva i multinormativnost na hrvatsko-slavonskom području u Kraljevini Srba, Hrvata i Slovenaca (1918. – 1928.)

In the paper the author analyzed the citizenship norms in the Croatian-Slavonian area in the Kingdom of Serbs, Croats and Slovenes in the period from the formation of the state in 1918 to the first Citizenship Law of the Kingdom of Serbs, Croats and Slovenes, which entered into force on 1 November 1928. Based on practical examples the author analyzed the relevance of various groups of norms in citizenship cases. In doing so, the author analyzed the concept of Croatian-Slavonian citizenship law in the new state, further application of abolished norms in administrative practice and application of Serbian citizenship law and other norms in the Croatian-Slavonian area. Based on the analyzed sources the author pointed out the competition of various norms and concluded that the normative complexity significantly complicated the process of standardization of citizenship law in the Croatian-Slavonian area. In addition, the author argues for a reformulation of the current understanding of the citizenship setting, which presupposes initial validity of citizenship norms enacted before 1 December of 1918 and their gradual change with new citizenship norms enacted over the following ten years. Instead, the author argues that this was only dominant practice, which was in a number of cases faced with other normativities that represented competitive solutions.

Must We Vaccinate the Most Vulnerable? Efficiency, Priority, and Equality in the Distribution of Vaccines.

ABSTRACTIn this article, we aim to map out the complexities which characterise debates about the ethics of vaccine distribution, particularly those surrounding the distribution of the COVID‐19 vaccine. In doing so, we distinguish three general principles which might be used to distribute goods and two ambiguities in how one might wish to spell them out. We then argue that we can understand actual debates around the COVID‐19 vaccine – including those over prioritising vaccinating the most vulnerable – as reflecting disagreements over these principles. Finally, we shift our attention away from traditional discussions of distributive justice, highlighting the importance of concerns about risk imposition, special duties, and social roles in explaining debates over the COVID‐19 vaccine. We conclude that the normative complexity this article highlights deepens the need for decision‐making bodies to be sensitive to public input.

Wartime Law as a Sub-Branch of Military Law

Based on the legal positions set out in the scientific literature, the paper defines the normative complex of «peacetime law», and highlights the «law of crisis situations» operating under extraordinary legal regimes (state of emergency, counter-terrorism operation, peacekeeping operation). The author’s position on the «wartime law» as a set of norms of military legislation regulating relations during wartime under martial law is formulated, the analysis of the effect of these norms in time (ratione temporis), in space (ratione loci) and in the circle of persons (ratione personae) is carried out. The author opposes proposals to name a sub-branch of military law as «international humanitarian law», «law of armed conflict» or «operational law» following the study of the concepts of «international humanitarian law» and «law of armed conflict» found in the doctrine of international law and established contractual practice. It has been established that the use of the Armed Forces of the Russian Federation is not possible for its intended purpose within the framework of contractual and non-contractual regimes of their use. It is noted that the «wartime law» is intended to regulate relations during international armed conflicts and can only be partially based on the norms of international humanitarian law. It includes the institutions of mobilization, territorial defense, civil defense, occupation, internment, military captivity, etc.; its norms regulate the use of the Armed Forces of the Russian Federation for their intended purpose. The author raises debatable questions about the inclusion of a number of technical norms in military law, as well as the development of rules of engagement in certain geographical environments on the basis of recommendatory international legal norms.

Electronic form of insurance policy

The insurance contract belongs to the contracts that are given increasing importance, as one of the most important contracts of legal transactions. The need to research digitization in insurance law is seen in the necessity to study the complexity of legal relations within it. The planned research has a scientific justification because it contributes to the scientific verification of certain issues related to digitization in insurance that have not been previously processed or confirmed, in expanding and deepening knowledge in the subject domain. The relationship between the electronic form of the policy and the traditional written form is analyzed and a defined and determined relationship between them is established. The author aims to present the sources of law related to the insurance policy. It starts from the normative complex with the specifics and characteristics of this topic.

Premija osiguranja života i Covid-19

Insurance, as a source of society's aspirations, represents the association of all those who are exposed to the same danger. The coronavirus pandemic has affected various aspects of life, including the insurance industry. Life insurance is one of the types of insurance where the obligations of insurance companies to policyholders have increased during the coronavirus pandemic. The paper analyzes the normative complex of the insurance premium with the specifics and characteristics of this topic. We consider it important to comprehensively explain the premium as an essential element of the life insurance contract. The analysis includes how the coronavirus pandemic is affecting life insurance premiums. This period of change could be a turning point and lead to transformational changes in the life insurance industry. Those who are able to adapt quickly to changes in the environment, who prioritize the insurance consumer and who see this crisis as an opportunity to start from scratch and fundamentally rethink the way they do business will quickly find their place when things calm down.

Talking it better: conversations and normative complexity in healthcare improvement

In this paper, we consider the role of conversations in contributing to healthcare quality improvement. More specifically, we suggest that conversations can be important in responding to what we call...

Exploring Military Artefacts in Early Childhood Education: Conflicting Perspectives on Cultural Sustainability, Belonging and Protection

Social and cultural sustainability is outlined as creating surroundings that include and stimulate positive interactions, such as promoting a sense of community and a feeling of belonging to a community, by being safe and attached to the local area. Artefacts chosen in early childhood education (ECE) institutions are integrated parts of the culture in which the ECE institutions are embedded; artefacts, thus, are understood as serving belonging and cultural sustainability. The study examined what insight into cultural sustainability could be surfaced in conflicting perspectives about military artefacts in ECE. Focus group interviews were conducted with Chinese and Norwegian graduate students and ECE researchers, during which photographs of a Chinese kindergarten where military artefacts and toys were highly represented. Conflicting perspectives on military artefacts among the participant surfaced how belonging are closely intertwined with protection and where to belong: locally, nationally or internationally. The skeptical approach to military artefacts is challenged by awareness of different ways to promote national pride and entanglement among generations. The findings indicate a need for more research on conditions for belonging and the normative complexities of artefacts in cultural sustainability.

Critical food systems education, neoliberalism, and the alternative campus tour

ABSTRACT While still quite modest, the body of scholarship on pedagogy related to teaching for more socio-ecologically just food systems is growing. However, this body of work is largely silent on the conditions within which food systems learning occurs. This is a curious omission given that the institutional context within which formalized food system learning happens has perhaps never been more threatened by ongoing process of neoliberalization. This article builds on the claim that in order to be genuinely transformative, critical food systems education (CFSE) must attend to the conceptual and normative complexity of the food system, while also attending to the conditions and institutions within which formal food systems learning exists. We share our experience with a modest intervention, the Alternative Campus Tour (ACT), and frame this as a pragmatic way to operationalize CFSE in a way that also serves as an opportunity to expose and problematize the conditions of the neoliberal university that undermine the promise of a transformative CFSE.

ЗАБЕЗПЕЧЕННЯ ПРОЦЕСУАЛЬНОЇ ДІЄЗДАТНОСТІ СУБ’ЄКТІВ ПРОВАДЖЕННЯ ЯК ОДИН ІЗ АСПЕКТІВ ФУНКЦІОНАЛЬНОГО ПРИЗНАЧЕННЯ ПРЕДМЕТУ ВІДАННЯ В КРИМІНАЛЬНОМУ ПРОЦЕСІ

У статті розглядається забезпечення процесуальної дієздатності суб’єктів провадження як один із аспектів функціонального призначення предмету відання в кримінальному процесі. Проаналізовано, що одним із функціональних призначень предмету ві-дання в кримінальному процесі є набуття законних підстав для створення певного органу кримінального судочинства та законних підстав до здійснення ним певної кримінальної процесуальної діяльності. На підставі аналізу теоретичних уявлень зроблено висновок про те, що в кримінальному процесі щодо суб’єктів, які ведуть кримінальний процес, можна мовити про юрисдикційний режим, що являє собою нормативний комплекс, котрим встановлено предмет відання суб’єкта за предметним, територіальним, темпоральним (часовим), персональним та іншими критеріями.

The Continuing Relevance of George L. Mosse to the Study of Nationalism

This article explores four aspects of George L. Mosse’s legacy in the field of nationalism. First, it examines his wrestling with the normative complexities of nationalism, reflected in his horror of integralist nationalism (exemplified in fascism) that was in tension with his sympathy with liberal Zionism. Second, it discusses Mosse’s innovative anthropological approach to nationalism as a form of culture that aligns him with the ethno-symbolic school of nationalism, associated with Anthony D. Smith. A third contribution was his pioneering studies of the rituals of war commemoration and their changing forms as central to national legitimation. Finally, Mosse has been recognised by leading feminists as an important early investigator of sexuality as it relates to the construction of repressive national codes of respectability. What links these topics is Mosse’s tendency to view nationalism as reinforcing the coercive aspects of modern industrial societies. In none of these areas was Mosse a systematic thinker, but the interdisciplinary character of his work and his concern with fundamental problems of identity continues to inspire research into these issues.

50 shades of hacking: How IT and cybersecurity industry actors perceive good, bad, and former hackers

ABSTRACTThe hacker is the epitome of a cybersecurity threat and the embodied misuse of the Internet. However, in recent years, notions of hacking have begun to change. Blurred boundaries mark the term, best expressed in its overlap with “security researcher.” This article draws on a 3.5-year research project on the hacker community and applies an international political sociology framework to uncover routines of rationalization. Interviews with IT and cybersecurity industry experts expose accepted identities, practices, and behaviors of hackers, which allows for the construction of in-group and out-group members in the IT and cybersecurity field. Additionally, the empirical findings are used to propose a conceptual framework (the Möbius strip) to situate the moral valence of hackers on a flexible model. Thus, the article provides insight into the ontological and normative complexities that define the study of hackers, as well as the perception of IT and cybersecurity professionals.

Erratum to Exploring normative complexity: (How) does the life history interview work in child welfare research?

Erratum to Exploring normative complexity: (How) does the life history interview work in child welfare research?