Search results for "Deference"
showing 3 items of 3 documents
Do fee-shifting rules affect plaintiffs’ win rates? A theoretical and empirical analysis
2021
Abstract This article studies whether fee-shifting rules can affect plaintiffs’ win rates. Beyond theoretical modeling, this study goes a step further and provides empirical evidence on this issue, thanks to the study of a real change in Spanish legislation. Spain applied the so-called English rule in 2011 in the administrative jurisdiction. This study explores whether plaintiffs were more or less successful when litigating against public administrations since then. After controlling for several other factors, it is shown that the new rule considerably increased plaintiffs’ win rate (while also reducing litigation). The paper also presents a theoretical model explaining that the English rul…
Facework and Prosocial Teasing in a Synchronous Video Communication Exchange
2019
This study centres on the analysis of prosocial teasing during a videoconference (telecollaboration) exchange between mixed-gender adolescent secondary school students from Spain and Germany. We contend that the provocative elements present in prosocial teasing activate a play frame, in Gregory Bateson’s terms, in which seemingly hostile face acts can be interpreted as playful behaviour. We argue that successful teasing can ultimately enhance the face of the teaser and that of the person being teased and thus build up rapport between them. Our analysis of the facework in the interaction during this telecollaboration exchange is based on Erwin Goffman’s notions of face, demeanour and deferen…
The European Court of Human Rights (ECtHR) vis-à-vis amnesties and pardons : factors concerning or affecting the degree of ECtHR’s deference to states
2022
States have adopted amnesties/pardons concerning serious human rights violations to transition from crises, dictatorships, or conflicts worldwide, including Europe. Although the ECtHR has yet to review amnesties/pardons directly, it has increasingly decided on the effects of amnesties/pardons on the rights of individuals. Thus, the main research question herein is to identify which factors may determine whether and to what extent the ECtHR defers to states regarding amnesties/pardons in cases of serious human rights violations, namely, factors concerning or affecting the degree of ECtHR’s deference to states in these cases. Based on ECtHR’s jurisprudence on amnesties/pardons, this article a…