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Session Overview
RS13_07a_P: Subjectivities in Law under Crisis: Theory and Method
Thursday, 31/Aug/2017:
4:00pm - 5:30pm

Session Chair: NIKITAS ALIPRANTIS, Strasbourg University and Democritus University of Thrace
Session Chair: Helen Rethymiotaki, University of Athens
Location: PB.3.6
PANTEION University of Social & Political Sciences 136 Syggrou Avenue 17671 Athens, Greece Building: B, Level: 3.

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Research Integrity in Europe: from definitions to methodology

Stamatia Garani1, Vasiliki Petousi2

1National School of Public Health, Greece; 2University of Crete, Greece

This paper has been produced within the context of the DEFORM project (Defining the Global and Financial Impact of Research Misconduct) in order to provide a robust theoretical building block for the specific objectives of the project. This review of integrity revolves around two main issues: firstly what is integrity? And secondly, how can it be determined and when does a researcher comply with this principle? These questions are approached with the help of a pathway starting from the definition of integrity as the shaping of a certain concept, moving to the criteria, namely the measurable conditions which fulfill the definition and lastly focusing on the methods facilitating the measurement of research misconduct as the behaviours violating the principle. The study elucidates the importance of principles, values and ethical norms pertaining to scientific research integrity, by investigating its long history, the nature of the regulatory efforts, the dominant typology of RM ( Fabrication, Falsification and Plagiarism), the legalization of the issue and adopts the position that only after the theoretical issues are addressed in a way which has gained public acceptance and broad consensus, measurement tools and indicators can be developed. This approach is followed in order to meaningfully support the attempt of this project to proceed to quantitative methods as part of policies for preventing, monitoring and regulating research misconduct. It also introduces the importance of a systemic approach of the RM phenomenon through a human rights normative perspective linked with the critical reflective character of Bioethics.

Reconstructing “Missing Links” between Education Law and Practice: The case of “Creative Project” in Greek Secondary Education

Evangelia Koutidou

Institute of Educational Policy, Greece

Education policy implementation poses major challenges for the Greek society, currently still experiencing recession circumstances. If “making” national economy work presupposes “re-making” education and utilizing its dynamic forces to the benefit of people, then a key question is how education policies are translated from law into practice.

The present paper aims to propose a socio-legal lens, through which school education policy can be perceived and implemented in daily practice. A much less explored terrain lying between the development of policies and the impact of those policies is put forward, concerning the development of guidelines in which legislative intent is translated into administrative prescription for action. Legal data sources examined concern a case study on the “Creative Project” in lower and upper secondary education, as recently re-initiated in schools by two presidential decrees.

Firstly, it is discussed how non normative data affect, directly or indirectly, the implementation of an education policy institution, enacted but remaining inactive in the Greek education policy-practice continuum. Additionally, key questioning includes three successive classifications: first, distinguishing between law/presidential decrees and guidelines; next, as regards guidelines, distinguishing between requirements and recommendations; and finally, in relation to both data sources, law and guidelines, distinguishing between explicit and implicit requirements and recommendations. More theoretical legal issues, namely the twin evils of excessive statutory specificity and excessive bureaucratic discretion are also mentioned.

In conclusion, a socio-legal perspective offers the methodological framework, within which education policy-makers can develop effective ways of tracing and reconstructing “missing links” between education law and practice.

„Anti-capitalist, anti-Fascist and feminist state- and law-critical Thought in Germany – an explorative approach“

Philipp Lorig

University of Leipzig, Germany

In the sociology of law not much attention has been devoted in recent years to the state- and law-critical thought linked to a more general critical perspective on society. As far as research on Germany is concerned a huge research gap exists. This presentation aims to address both these gaps. It will show continuities and discontinuities in the state- and law-critical thinking in the German legal thought starting with the time of Weimar Republic and ending today by taking up such concepts as the Injustice State (Unrechtsstaat), Class Justice (Klassenjustiz), Patriarchal Men`s State (patriarchaler Männerstaat), among others. The aim is to throw light on how critical thinking changed its objects, actors and uses, paying special attention to the moments when concepts abandoned legal and wandered into the public sphere. The presentation will draw on the older and newer texts written by lawyers. It will connect these to the state- and law-critical views formulated in (expert) interviews conducted in 2016 with academic lawyers, attorneys and judges. Most of the interviewees define themselves as „critical“. The main idea is to analyze the original definitions of specific state- and law-critical concepts, tracing the semantic shifts, ups and downs in their careers, and the shifts in their legal and public uses.

Personal data in social science research: legal framework, ethics and integrity

Evgenia Smyrnaki1, Vasiliki Petousi2

1University of Crete, Greece; 2University of Crete, Greece

The purpose of this paper is to identify and critically analyze the interrelations between aspects of sociological research and legal provisions pertaining to personal data protection issues. Collection and handling of personal data is largely inherent in social science research methods. Nevertheless, technological advances have increased both the ease and the volume of personal data collected and processed. High level technological and digital tools facilitate the fast, automated collection and processing of personal data. Taping devices, online questionnaires, technically obtained consent, digital processing of data, automated generation of results, and storage of simple or sensitive data for indefinite time are only some of the research methods of increasing appeal; methods however which create significant ethical challenges. This paper addresses the legal and ethical issues related to personal data processed for research purposes. Furthermore, the paper addresses research ethics challenges researchers face when dealing with data sources and tools easily accessible and available online. The analysis will consider the legal framework and case law at the EU and Greek level with special reference to the General Data Protection Regulation (679/2016). Special attention will be given to practical guidance in identifying and complying with personal data regulation. The above will be considered in light of the principle of freedom of research, the need to protect research participants’ rights as well as the mandate for research integrity.

This research is part of the HORIZON2020 funded program DEFORM: Determine the global and financial impact of research misconduct. Project ID: 710246

Equal Litigants, Unequal Litigations? Access to Justice after Austerity in the Southern European Democracies

Luca Verzelloni1, Daniela Piana2

1CES Coimbra, Portugal; 2University of Bologna, Italy

The link between the two sides of the coins, rule of law and equality, has been observed from different normative and methodological perspectives. Even recently, an interesting work has pointed to the correlation between the rule of law and the individual wellbeing, this latter being assessed against standards of life expectancy, child mortality rate, and health. This quantitative analysis follows up along the same line traced already by previous studies, which aimed showing that a fair and transparent legal environment is strongly correlated to the economic development and, by than means, to better living standards. Far from being uncontested, these works reveal a wide spread attention for the relationship that exists between rule of law and equality. Yet, very little empirical investigation has been unfolded on the access to justice-equality interconnection.

This work disentangles the matrix rule of law – equality – equal access to justice by taking an empirical avenue. It starts by focusing on the Southern European countries – Greece, Italy, Portugal and Spain –, then it develops a comparison of the policies adopted in the justice sector at the aftermath of the economic crisis that hit the Euro zone in 2007-08. It finally investigates in depth the outcomes these policies ended up with in terms of 1) capacity to respond to the demand for justice; 2) "output legitimacy of the court system"; 3) differential implementation of the policy instruments adopted, taking into consideration the interplay between the austerity-driven reforms and the on going policies of judicial governance.

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