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Large companies are increasingly on trial. Over the last decade, many of the world’s biggest firms have been embroiled in legal disputes over corruption charges, financial fraud, environmental damage, taxation issues or sanction violations, ending in convictions or settlements of record-breaking fines, well above the billion-dollar mark. For critics of globalization, this turn towards corporate accountability is a welcome sea-change showing that multinational companies are no longer above the law. For legal experts, the trend is noteworthy because of the extraterritorial dimensions of law enforcement, as companies are increasingly held accountable for activities independent of their nationality or the place of the activities. Indeed, the global trend required understanding the evolution of corporate criminal law enforcement in the United States in particular, where authorities have skillfully expanded its effective jurisdiction beyond its territory. This paper traces the evolution of corporate prosecutions in the United States. Analyzing federal prosecution data, it then shows that foreign firms are more likely to pay a fine, which is on average 6,6 times larger.
Over the last three decades, countries across the Andean region have moved toward legal recognition of indigenous justice systems. This turn toward legal pluralism, however, has been and continues to be heavily contested. The working paper explores a theoretical perspective that aims at analyzing and making sense of this contentious process by assessing the interplay between conflict and (mis)trust. Based on a review of the existing scholarship on legal pluralism and indigenous justice in the Andean region, with a particular focus on the cases of Bolivia and Ecuador, it is argued that manifest conflict over the contested recognition of indigenous justice can be considered as helpful and even necessary for the deconstruction of mistrust of indigenous justice. Still, such conflict can also help reproduce and even reinforce mistrust, depending on the ways in which conflict is dealt with politically and socially. The exploratory paper suggests four proposition that specify the complex and contingent relationship between conflict and (mis)trust in the contested negotiation of pluralist justice systems in the Andean region.
Highly-skilled labour migration in Switzerland: household strategies and professional careers
(2016)
The article investigates household strategies in the context of highly-skilled labour migration. It focuses on the ways highly-skilled migrants are taking up residence in Switzerland. The analysis shows different household strategies based on the perception of a further professional move. The perceived likeliness of a further move implies household strategies characterized by a high motility: the household remains ready to move and mobilises dedicated organisations (like outplacement agencies or international schools). When a further move is neither perceived nor wanted, the household develops more anchored strategies which are often cheaper. In order to cope with frequent mobilities, the analysis shows that household strategies are deeply gendered.
Obstetrical care as a matter of time: ultrasound screening in anticipatory regimes of pregnancy
(2014)
This article explores the ways in which ultrasound screening influences the temporal dimensions of prevention in the obstetrical management of pregnancy. Drawing on praxeographic perspectives and empirically based on participant observation of ultrasound examinations in obstetricians’ offices, it asks how ultrasound scanning facilitates anticipatory modes of pregnancy management, and investigates the entanglement of different notions of time and temporality in the highly risk-oriented modes of prenatal care in Germany. Arguing that the paradoxical temporality of prevention – acting now in the name of the future – is intensified by ultrasound screening, I show how the attribution of risk regarding foetal growth in prenatal check-ups is based on the fragmentation of procreative time and ask how time standards come into play, how pregnancy is located in calendrical time, and how notions of foetal time and the everyday life times of pregnant women clash during negotiations between obstetricians and pregnant women about the determination of the due date. By analysing temporality as a practical accomplishment via technological devices such as ultrasound, the paper contributes to debates in feminist STS studies on the role of time in reproduction technologies and the management of pregnancy and birth in contemporary societies.
Im Mai 2008 verwüstete der Sturm Nargis über Myanmar/Burma hinweg, 140.000 Menschen wurden getötet. Das autokratisch regierte Land wies jedoch Katastrophenhilfe als innere Einmischung zurück und verweigerte die Einfuhr von Medikamenten und Lebensmitteln. Der französische Außenminister Kouschner drängte angesichts dieser Situation die UN zum Handeln, auf Grundlage der Responsibility to Protect (kurz R2P).
Dieser Akt der Versicherheitlichung steht allerdings im Kontrast zur Medienberichterstattung, wie Gabi Schlag in diesem Papier untersucht. Besonders das Bildmaterial aus dem Katastrophengebiet erzählt eine andere Geschichte. Die Photos der Berichterstattung von BBC.com zum Thema bilden ein visuelles Narrativ, welches keine Hilfsbedürftigkeit suggeriert, sondern kontrolliertes, besonnenes Vorgehen der lokalen Kräfte. Dieser Kontrast verweist auf die sprichwörtliche Macht der Bilder, welche die jeweiligen Bedingungen von Handlungsmöglichkeiten vorstrukturieren.
My aim in this paper is to make the debates about epistemic injustice fruitful for an analysis of trust in the knowledge of others. Epistemic trust is understood here in a broad sense: not only as trust in scientific knowledge or expert knowledge, but also as trust in implicit, positioned and experience-based knowledge. Using insights from discussions of epistemic injustice, I argue for three interrelated theses:
1. Questions of epistemic trust and trustworthiness cannot be answered with reference to individual virtue alone; rather, they have a structural component.
2. The rationality of epistemic trust must be analyzed against the background of social structures and social relations of domination.
3. Epistemic trust is (also) a political phenomenon and epistemically just relations depend on political transformation processes that promote equality.
Often adopting a feminist perspective, the sociological literature on migrant domestic services (MDS) does not make explicit which feminist paradigm it speaks from. This article situates this literature within ongoing debates in feminist theory, in particular the tension between materialist and poststructuralist approaches. Then, it discusses the empirical relevance of each of those two paradigms on the example of the results of original research into the personalization of employment relationships in MDS.
The contribution proposes a new way of making sense of the diversity of feminist theories, distinguishing between modern and postmodern approaches. Indeed, since the 1980s, feminist theory in the US and Western Europe has undergone a ‘postmodern turn’, which renders previous typologies much less up-to-speed with recent developments in the field. Then, the article examines which paradigms are implicit in the sociological literature on MDS. Initially, personalization in MDS was mainly seen in materialist terms, as a way to maximize the quantity and quality of labour (including emotional labour) extracted from domestic workers. The emergence of postmodern approaches in feminist theory set off a progressive shift in MDS literature. First, this literature showed that personalization also fulfils identity functions for employers and
workers, then it widened its focus to include the affective dimensions of domestic labour (not to be confused with emotional labour). The final section shows how modern and postmodern feminist approaches can be combined within a single research, on the example of original research on personalization in MDS in Belgium and Poland. In particular, the contribution shows that the distinction between material functions of personalization on the one hand, and its emotional/identity functions on the other is not empirically operative. Indeed, migrant domestic workers generally use emotional/identity categories to frame material questions, and vice versa. This final part shows that, rather than representing incompatible approaches, modern and postmodern feminisms complete each other, in this case showing a fuller image of personalization processes in MDS.
The article studies civil wars and trust dynamics from two perspectives. It looks, first, at rebel governance during ongoing armed conflict and, second, at mass mobilisation against the regime in post-conflict societies. Both contexts are marked by extraordinarily high degrees of uncertainty given continued, or collective memory of, violence and repression.
But what happens to trust relations under conditions of extreme uncertainty? Intuitively, one would assume that trust is shaken or even substantially eroded in such moments, as political and social orders are questioned on a fundamental level and threaten to collapse. However, while it is true that some forms of trust are under assault in situations of civil war and mass protests, we find empirical evidence which suggests that these situations also give rise to the formation of other kinds of trust. We argue that, in order to detect and explain these trust dynamics in contexts of extreme uncertainty, there should be more systematic studies of: (a) synchronous dynamics between different actors and institutions which imply trust dynamics happening simultaneously, (b) diachronous dynamics and the sequencing of trust dynamics over several phases of violent conflict or episodes of contention, as well as long-term structural legacies of the past. In both dimensions, microlevel relations, as well as their embeddedness in larger structures, help explain how episodes of (non-)violent contention become a critical juncture for political and social trust.
This contribution1 is framed within the field of cultural studies and migration and ethnic relations, trying to examine how the Italian American experience has been imaginatively (re)created and received. It will entail an interdisciplinary approach about the cultural and literary analysis of the Italian diaspora in the United States, from a gender perspective that recovers the voice and historical presence of women as has been transmitted in the arts and critical methods. Focusing on the media and literary representations that deal with Italian migration to the United States since the last decades of the 19th century, their welcome or later development until our days, I make particular reference to a community mainly conceived in the masculine, as major receptions and persistent stereotypes about family relations and ethnicity attest. I will analyse, at the same time, the existence of other works that either contest or balance that cultural and gender stereotyping of the Italian American experience or community.
The sixth sanction package of the European Union in the context of the aggression against Ukraine excludes Sberbank, the largest Russian bank, from the SWIFT network. The increasing use of SWIFT as a tool for sanctions stimulates the rollout of alternative payment information systems by the governments of Russia and China. This policy white paper informs about the alternatives at hand, as well as their advantages and disadvantages. Careful reflection about these issues is particularly important, given the call for an “Economic Article 5” tabled for the next NATO meeting. Finally, the white paper highlights the need for institutional reforms, if policymakers decide to return SWIFT to the status of a global public good after the war.