1-2 of 2 Results

  • Keywords: interpretation x
Clear all

Article

Q methodology was introduced in 1935 and has evolved to become the most elaborate philosophical, conceptual, and technical means for the systematic study of subjectivity across an increasing array of human activities, most recently including decision making. Subjectivity is an inescapable dimension of all decision making since we all have thoughts, perspectives, and preferences concerning the wide range of matters that come to our attention and that enter into consideration when choices have to be made among options, and Q methodology provides procedures and a rationale for clarifying and examining the various viewpoints at issue. The application of Q methodology commonly begins by accumulating the various comments in circulation concerning a topic and then reducing them to a smaller set for administration to select participants, who then typically rank the statements in the Q sample from agree to disagree in the form of a Q sort. Q sorts are then correlated and factor analyzed, giving rise to a typology of persons who have ordered the statements in similar ways. As an illustration, Q methodology was administered to a diverse set of stakeholders concerned with the problems associated with the conservation and control of large carnivores in the Northern Rockies. Participants nominated a variety of possible solutions that each person then Q sorted from those solutions judged most effective to those judged most ineffective, the factor analysis of which revealed four separate perspectives that are compared and contrasted. A second study demonstrates how Q methodology can be applied to the examination of single cases by focusing on two members of a group contemplating how they might alter the governing structures and culture of their organization. The results are used to illustrate the quantum character of subjective behavior as well as the laws of subjectivity. Discussion focuses on the broader role of decisions in the social order.

Article

Axel Tschentscher

Research on constitutional law has come in different waves mirroring the development of states in recent decades. While the decolonization period of the 1960s still kept the old ties of constitutional “families,” comparison based on such ties has become ever less persuasive since the 1980s wave of constitution making following the fall of the Berlin Wall. Research about de facto and de jure constitutional law now tends to embrace institutional details like judicial review powers and procedures of direct democracy. The field of comparative constitutional law is controversial both in methods and substance. It still lacks a consistent framework of comparative tools and is criticized as illegitimate by scholars who insist on the interpretive autonomy within each constitutional system. Research in the area of fundamental rights has to deal with long-lasting controversies like the constitutionality of the death penalty. Bioethical regulation is another new field where constitutional positions tend to diverge rather than converge. Embryonic stem cell research, therapeutic cloning, pre-implantation genetic diagnosis, and surrogate motherhood are examples from biotechnology and reproductive medicine where constitutional scholars disagree about what, if anything, constitutional law can contribute to provide a basis or limit for regulation. With the worldwide rise of constitutional courts and judicial review, the standards for the interpretation of fundamental rights become more important. Legal scholarship has worked out the differences between the rule-oriented approach associated with Anglo-American legal systems versus the principle-based approach common to continental Europe.