Normative Focus Research Articles

Delik Aduan Tindak Pidana Perzinahan dalam Pandangan Hukum Pidana dan Hukum Islam

This research is driven by the recognition that adultery represents a criminal offence that challenges the values of decency and social order, and has the potential to have adverse implications for individuals, families, and society at large. The objective of this research is to examine the provisions pertaining to complaints filed by victims of adultery, with a particular focus on the comparison between Indonesian national criminal law and Islamic law (fikih jinayat). The research employs a qualitative approach with a normative focus, utilising an inductive analysis of data gathered from legal literature. The findings indicate that Islamic law offers greater latitude in filing complaints of adultery, extending to both victims of adultery crimes and those who have suffered harm. Additionally, it imposes more severe penalties. In contrast, national criminal law prioritizes the protection of victims' rights, while also providing for the mitigation of punishment for the family of the perpetrator of adultery crimes. The findings of this research demonstrate the necessity for a comprehensive understanding of the distinctions between these two legal systems to develop a national criminal law that aligns with Islamic law in the enforcement of adultery laws.

How foodstagramming posts influence restaurant visit intention: the mediating role of goal relevance and mimicking desire

PurposeThis study aims to explore the role of social media visual posts (known as foodstagramming) on restaurant visit intention. Drawing on the heuristic–systematic model and normative focus theory, this research introduces a framework that assesses the effects of key foodstagramming attributes – vicarious expression, aesthetic appeal and post popularity – and the mediating roles of goal relevance and mimicking desire, in the process.Design/methodology/approachStructural equation modelling was performed to test the proposed model using a sample of tourists (n = 377) and residents (n = 341). Multi-group analysis was performed to compare the differences between these groups.FindingsResults reveal that mimicking desire and goal relevance influence restaurant visit intention; however, mimicking desire has a stronger influence than goal relevance. Little difference was found between the tourist and the resident groups in the proposed relationships, except that vicarious expression positively influences mimicking desire in the tourist group but not in the resident group.Practical implicationsThis study guides restauranteurs and social media influencers (foodstagrammers). It shows that consumers value the textual content and aesthetic appeal of photos over the popularity of a post. It also indicates that vicarious expression is more important for tourists than for residents.Originality/valueThis research advances social media marketing literature by proposing a new information processing framework. To the best of the authors’ knowledge, this study is one of the first studies to explore the impact of visual post attributes on individual decision-making behaviours through socially acceptable norms.

Securing the Self, Embracing Anxiety, or Nurturing Growth? How the Pragmatism of Dewey, James, and Mead Speaks to Ontological Security Studies

Abstract A Pragmatist form of Constructivism speaks to, and encourages, an ethical/normative turn in Ontological Security Studies (OSS). Recognition that Self-securing routines are sometimes “unhealthy” implies that the subject of security is human experience and that social identities or social roles are means to that end. This resonates with John Dewey's Pragmatist focus on the practical task of ameliorating experience in environments constantly in the process of becoming. Normative value is not ontological, i.e., found in a fixed identity; it is processural, i.e., found in the practice of “learning” and the process of “growth.” A Pragmatist narrative of learning and growth offers OSS a normative focus that is more compelling than the recent calls to “embrace anxiety,” although it is important to acknowledge that even these narratives can induce anxiety. OSS can, in this instance, turn to the Pragmatist William James and his focus on the role that “faith” plays in encouraging the Self to adopt new identities. Building on this, Dewey formulated a “civic faith” to defend democratic routines (and the democratic identity) as a useful method of (social) learning. Finally, the Pragmatism of George Herbert Mead demonstrates how this democratic commitment to include “the Other” in the processes that secure the Self helps restructure an environment that otherwise demands dangerous routines. The article draws on Cold War history to demonstrate how such practices can and should be part of the “cultural repertoire” informing ontological security-seeking practices in contemporary Europe.

Persistence Modeling in Marketing: Descriptive, Predictive, and Normative Uses

There is general agreement that a firm’s scarce marketing resources should be managed for the purpose of long-term profitable growth. Putting that premise into practice is difficult, as only the short-term impact of marketing actions can be readily observed. Persistence modeling has become a well-accepted tool for long-run impact detection. Its consistent use across a broad range of settings has resulted in novel empirical generalizations on the long-run effectiveness of several marketing instruments and has contributed unique insights on, among others, (i) the marketing-finance interface, (ii) the role of new media, and (iii) the mediating role of a broad set of mindset metrics. Moreover, the recent addition of a more normative focus has added considerably to the actionability of these insights.

First Hard, Then Soft

This text-based essay conceptualises uncertainty in architectural interiors as ‘plan flexibility’, with a normative focus on its future-oriented qualities. I concentrate on one specific typology: housing. In this context, a ‘good’, future-ready plan refers to the quality of conserving options and resources for coming generations of dwellers; it builds from principles of architectural resilience, or exaptation, where design ambitions link to preparing for an increasingly vague future where ecological, economic, political, and socio-cultural conditions of human life are difficult to anticipate. Despite risks of temporal agnosticism, I argue that focusing on housing allows me to discuss the forthcoming architectural needs of individuals without fully committing to an era-bound programme. My contribution focuses on asserting the longterm value of dwellings’ flexibility in terms of programme indeterminacy (multipurpose use of space; hard-then-soft) rather than formal indeterminacy (adaptable elements; soft-then-hard). I define the notions of programme indeterminacy and formal indeterminacy, which I briefly tie back to the modernist history of alternative models of flexible domestic dwelling. I then comment at length on the interiors of Portuguese architect Álvaro Siza Vieira’s Wohnhaus Schlesisches Tor (Berlin, Internationale Bauausstellung, 1984–1987), making the case for some of the abovementioned design principles. I contextualise Wohnhaus Schlesisches Tor’s interior design ambitions and effects in light of contemporary characterisations of housing adequacy and argue for the potential of the ‘extra room’ as one possible manifestation of the desired plan flexibility: this, inter alia, develops into a broader reflection on measures such as the ‘bedroom tax’ policies, and into a celebration of future-ready attitudes in planning houses.

Promoting Low-Carbon Purchase from Social Norms Perspective.

The importance of individual consumption behavior in a low-carbon economy is gradually recognized. Social norms have a significant effect on individual purchase behavior. However, the influence mechanism of social norms still needs more research. We conducted two behavioral experiments to explore the specific factors: first, the effect of descriptive norms on personal low-carbon consumption behavior through feedback information, and second, a comparison with injunctive norms, focusing on the impact of the normative focus shift brought by punishment represented by the policy implementation. The results show that social norms can effectively promote individual low-carbon consumption through feedback and high policy implementation efficiency. In particular, after effective policy implementation becomes an inherent element of injunctive norms, injunctive norms are activated and become the focus of norms, significantly improving the purchase rate of low-carbon goods.

Gender and Sexuality Performances Among LGBT+ Equality Dancers: Photo-Elicitation as a Method of Inquiry

In its classical form, ballroom dancing constitutes heterosexual dance couples enacting conservative forms of masculinity and femininity. A normative focus, both in scholarship and in practice, on the classical form in competitive ballroom dancing (also known as Dancesport) excludes the lived narratives of LGBT + dancers practicing the sport outside of the mainstream. Equality Dancesport is one such example, with dancers performing in diverse partnership typologies and adopting less gender-segregated dance roles and movements. Drawing on the photo-elicitation exercise, embedded within in-depth interviews, conducted as part of a broader ethnographic study on the equality Dancesport scene in the United Kingdom, I demonstrate how the strategy informed a ground-up emergence of a queer theoretical framework for understanding masculinities and femininities across the sex, gender and sexuality categorical divides. Four key opportunities afforded by photo elicitation are identified, namely (1) invoking new queer knowledge which blurs the binary divide in how concepts of masculinities and femininities are investigated in existing dance scholarship, (2) facilitating the development of more egalitarian researcher/participant relationships, (3) enabling affective, detailed and fluid narrations of lived experiences of dancing, and (4) positioning interviewees as dance spectators and inspiring reflections on the community. The paper concludes with three recommendations for negotiating the pitfalls of using a photo elicitation technique in dance studies. First, researchers need to recognise the limits of inclusivity offered by photo elicitation and practice sensitivity towards participants. Second, integrating photographs with other visual methods such as videos can enable researchers to leverage the strengths of different visual tools to inspire talk about broader topics. Third, before using the method, researchers need to develop mental strength for coping with negative talk, to achieve more holistic understanding of participants’ sentiments and motivations and as a duty of accountability towards them.

How can foodstagramming improve dining outcomes? A normative focus perspective

Although food selfie taking and sharing has commonly been regarded as a joyful expression, its impact on dining outcomes is still questionable, as empirical evidence on such a linkage is rather mixed. This research addresses this literature void by assessing the boundary condition of social norm on the role of foodstagramming. The present research draws on normative focus theory to assess the moderating role of descriptive norm in three experiments. Results reveal that capturing food selfies could produce favorable dining enjoyment and repatonage intention when the food photo-taking norm is made prominent and is congruent with the focal norm in question. This research advances the literature by demonstrating how norms could help activate the power of food selfies on diners’ behaviors, and by offering hospitality scholars and operators new insights germane to customer portrait photography.

Do global justice theorists need to alter their normative focus to accommodate changing empirical circumstances?

ABSTRACT This paper offers an analysis of how normative theories on global poverty make assumptions regarding the geography of global poverty and global power constellations. I follow some recent global developments relevant to these assumptions, and ask whether normative theorizing should react to these developments. I argue that while accounts of global justice are not explicitly committed to any particular empirical ideas, the global justice discourse reflects the specific socioeconomic and geopolitical context in which it emerged, and that this context is currently giving way to a somewhat different reality. I suggest some preliminary starting points for a normative theory which would reflect the contemporary conditions more accurately. These starting points include shifting the focus of theorizing from relations between rich and poor countries to inequalities on various levels, and the notion of a complex institutional site of global justice.

Leaving or rescuing the (story) map? – commentary to Saxinger, Sancho Reinoso and Wentzel

This paper reflects on some issues raised by the reading of Saxinger, Sancho Reinoso and Wentzel essay (published in the last issue of Fennia) and their theoretical and methodological concerns on how to conciliate geographic information systems (GIS) ontology with the representation of spatial-fuzzy qualitative data emerging out of ethnographic research. Recalling the intense debate between cartographers, GIS scientists and human geographers on the limits and failures of cartographic representation, the counterfactual doubt raised by Pickles in his book A History of Spaces: Cartographic Reason, Mapping, and the Geo-coded World, published in 2004, resonates strongly: “What if, after all, cartography and maps were not what we thought they were . . . or at least not only what we thought they were?” (page 194). Restoring such a question for the sake of this commentary is a way to rework the issue in an era of pervasive digital mapping, not by replacing the “quantitative” map with the “story” map – the dialectical model that has accompanied the critique of geographers during the 1980s and 1990s – but by multiplying the theoretical perspectives on the humanistic potential of maps, moving beyond the narrowed normative focus on “effective” storytelling as put by the recent The ESRI Story Map.

Consolidating and improving the assets indicator in the global Multidimensional Poverty Index

This article traces a methodological path for constructing a statistically and normatively validated assets indicator, that in turn can be used within an internationally comparable measure of multidimensional poverty. The article validates a revision to the assets indicator of the global Multidimensional Poverty Index (global MPI) that makes the best possible use of existing data. Our normative focus is shaped by Amartya Sen’s capability approach, framing assets in relation to human activities. But surprisingly few asset items were available for 75 countries and 3.5 billion people, the standard set for indicator revisions, so the paper notes the lack of comparable data, as well as the lack of data on the quality, quantity or gendered ownership of assets. Drawing on empirical antecedents and complemented by normative reasoning, this article uses tetrachoric exploratory factor analysis, multiple correspondence analysis, classical test theory, item response theory and a non-parametric Mokken scale procedure to identify a set of items that proxy asset deprivations. Measures were trialled across 26 purposefully-selected countries. The final counting-based assets index includes nine statistically validated items (adding computer and animal cart to the original global MPI assets indicator). It has higher reliability than other options, and is arguably the most rigorous feasible indicator to compare asset deprivations that can be constructed from existing global MPI data sources. The methodological approach outlined here could be used to design and validate assets indicators within national, regional, or bespoke multidimensional poverty measures elsewhere.

Physiotherapists Both Reproduce and Resist Biomedical Dominance when Working With People With Low Back Pain: A Qualitative Study Towards New Praxis.

Despite recommendations to incorporate physical and psychosocial factors when providing care for people with back pain, research suggests that physiotherapists continue to focus on biological aspects. This study investigated how interpersonal and institutional norms influence this continued enactment of the biological aspects of management. We used theoretically-driven analysis, drawing from Foucauldian notions of power, to analyse 28 ethnographic observations of consultations and seven group discussions with physiotherapists. Analysis suggested that physiotherapy training established expectations of what a physiotherapist 'should' focus on, and institutional circumstances strongly drew the attention of physiotherapists towards biological aspects. Resistance to these forces was possible when, for example, physiotherapists reflected upon their practice, used silences and pauses during consultations, and actively collaborated with patients. These circumstances facilitated use of non-biomedical management approaches. Findings may assist physiotherapists to rework the enduring normative focus on biomedical aspects of care when providing care for patients with back pain.

Journalistic Passion as Commodity: A Managerial Perspective

ABSTRACT This article focuses on the role of passion in news journalism from a managerial perspective. The analysis is based on a data set of 40,621 web-based job advertisements obtained from Journalismjobs.com, from the year 2002 to 2017. The quantitative analysis shows that passion has been on the rise as only 4% of the job advertisements in 2002 asked for “passionate” journalists, increasing to almost 16% in 2013. The authors also performed a qualitative analysis of job advertisements mentioning the word “passion” for the periods 2002–2003 and 2017. These advertisements express a shift from a normative role of journalists to journalism as an activity: when mentioned within the context of personal character, the desired temperament of journalists has given way to descriptions of desired behaviour. The normative focus on journalism as an ideal has decreased while the focus on performance—that journalists should feel passionate about reporting and storytelling—has risen dramatically. In the texts, passion emerges as something that can be applied in a range of contexts as a strategic resource. The findings point to commodification of feelings and exploitation of emotional labour in journalism.

The Desirability of Legal Rights for Novel Beings.

The debate around whether novel beings should be legally recognized as legitimate rights holders is one that has produced a vast amount of commentary. This paper contributes to this discourse by shifting the normative focus of moral rights away from criteria possessed by the novel beings in question, and back toward the criterion upon which we ourselves are able to make legitimate rights claims. It draws heavily on the moral writing of Alan Gewirth's identification of noumenal agency as the source of all legitimate rights claims. Taking Gewirthian ethical rationalism as providing a universally applicable hypothetical imperative which binds all agents to comply with its requirements, the paper argues that it is at least morally desirable that any legal system should recognize the moral rights claims of all agents as equally legitimate. By extension, it is at least morally desirable that the status of legal personhood should be granted by a legal system to all novel beings who are noumenal agents, insofar as this status is necessary for rights' legal recognition. Having established the desirability of this extension, the paper closes with an examination of recent cases involving both biological and nonbiological novel beings in order to assess their conformity with the desirable approach outlined above. The paper demonstrates that such recognition is conceptually possible, thus requiring us to move beyond the current anthropocentricity of legal systems and recognize the legitimate moral claim for legal personhood for all novel beings who possess noumenal agency.

Migration, Integration, and the City

AbstractGiven that cities are now bearing the brunt of migration and integration, it might seem that we should shift our normative focus away from the state towards the city. This is the suggestion of Avner de Shalit’s (2018) Cities and Integration: Political and Moral Dilemmas in the New Era of Migration. In this article, we suggest that this move is not so straightforward. Other levels, including the global, the state, and the neighbourhood, on top of the city, are also impacted by migration and so also have claims for normative priority, which need to be addressed. And even if the city is responsible for integration, we argue that de Shalit’s promotion of Amsterdam’s ‘Milkshake Model’ – a form of respect and appreciation of difference – is, despite its clear initial appeal, not an ideal for accommodating diversity.

Ethical Work Climate 2.0: A Normative Reformulation of Victor and Cullen’s 1988 Framework

Ethical work climate (EWC), introduced by Bart Victor and John Cullen, plays a central role in the business ethics literature due to its influence on employee’s ethical decision-making. Yet, the often-used framework is limited as a descriptive and prescriptive model because it lacks a normative focus and does not allow for organizations guided by (arguably) universal ethical principles. We revisit Victor and Cullen’s original conceptualization of ethical climate and propose a reformulation of the ethical criteria to be conceptually consistent with Kohlberg’s theory of cognitive moral development and to accommodate principled climates. We also describe how the locus of analysis dimension can be simplified to allow for a more parsimonious and potentially more valid theory. In doing so, we eliminate redundancy noted in the original model and clarify normative preference among the ethical climate types. We discuss implications for research, teaching, and practice.

Justice between Wars

AbstractOne way to tell the story of contemporary ethics of war is as a gradual expansion of the period of time to which theorists attend in relation to war, from ad bellum and in bello to post bellum and ex bello. Ned Dobos, in his new book, Ethics, Security, and the War-Machine, invites us to expand this attention further to the period between wars, which he calls jus ante bellum. In this essay, I explore two significant implications of this shift in normative focus. First, I argue that it opens up an important and productive field of the ethics of military policy-making outside of conflict, including procurement, training, force posture, and military diplomacy. Second, I argue that attending to the relationship between ante bellum and ad bellum considerations contains the seeds of a powerful pacifist argument.

Researching Urban Law

AbstractThis Article considers the development of urban law. It suggests that urban law is socio-legal in its exploration of law’s role in the production of the city and urban life, enabling the study of the city as a distinctive legal entity. Addressing the question “why urban law?,” this Article considers similar debates in geography and urban policy before developing three arguments for studying urban law: (i) urbanism is a vibrant field of scholarly research; (ii) socio-legal research can take an explicitly normative focus in pursuit of improving urban quality; and (iii) at a city scale we can investigate governance concepts of territory, sovereignty and jurisdiction. One of the difficulties with urban law is finding the right level of analysis, covering sufficient legal and empirical detail whilst also making the city legible at an urban scale. Although this tension produces imperfect compromises, accepting the limitations means that we can begin the shared task of developing an intellectual infrastructure, a grammar, for the study of urban law.

Petition for a Comprehensive Law against Gender-Based Violence in Cuba

Petition for a Comprehensive Law against Gender-Based Violence in Cuba

How to Stay Weird – The Normative Subordination of Profits in a Firm Striving for Sustainability

Humanity faces an unprecedented urgency to act in order to achieve sustainable development. Against this background, firms play an ambivalent role, since they have great potential to contribute to sustainable development, but their common normative focus on profit maximization leads to increasing rather than decreasing sustainability problems. Whereas integrative and paradox research on sustainability breaks away from the instrumentalism underlying profit maximization, research still lacks a theoretical account of firms enacting sustainability more radically, even at the expense of economic success. With an in-depth ethnographic study, this paper investigates a natural cosmetic producing firm that normatively superordinates ecological and social considerations over profits in its practices. We take a practice-based approach and unearth how firms are able to maintain a radical focus on sustainability in several practices through a recursive, tension-mitigating mechanism spiraled by highly sustainability-oriented selling and supplier management practices. This paper contributes to research on sustainability in organization and management studies by discovering approaches that enable firms to superordinate ecological and social ends over profits in multiple practices and thereby contribute to the urgent radical shift towards sustainability.