Localization Flashcards

1
Q

From norm displacement to norm localization

A

Very rare for a norm to arrive that fills a completely empty space. New understanding/arrival of an updated norm will replace an older version. Localization: making Changs to the foreign norm so it can be incorporated without tensions.

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2
Q

Congruence building

A

Localization begins as a process because there is no perfect fir for the foreign norm. People in the country are not willing to have their existing norms displaced by the new norm. Foreign norm will be rejected if the only alternative is to displace the current norm.

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3
Q

Framing

A

Camouflaging parts of the law that might cause tension. Emphasizing the parts that are now compatible with the preexisting norm environment.

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4
Q

Grafting

A

Frame foreign norm not just as compatible with existing norm but as logical extension of an existing norm. If the norm clashes in a major way, even if you are smart about framing/grafting it, it might not be enough to get people to accept tit.

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5
Q

Norm reconstruction

A

Significant changes to the norm. At least some aspects of the behaviour expected by the norm will be nullified.

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6
Q

Pre-conditions of localization

A

Local normative system is contested from within (cannot be a perfectly stable system, must be a demand for the norm). The external norms must be seen to enhance rather than challenge the legitimacy and authority of existing practices and institutions. Normative change primarily sought by local agents (must come form within not outside).

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7
Q

Localization: Critical questions

A

How transformative can localization be? Does localization imply a normative compromise? (standard will vary from state to state? Each Country has a different standard to comply with the norm?). Can localization lead to norm displacement? Is localization feasible where normative change is mot needed (Localization can work well when the local norm is not that different from the foreign norm, but in these cases, the foreign norm is less needed). Are human rights always localizable? Some human rights are more localizable, the important issue is the gap (how is the normative fit between the human rights standard we are discussing and the existing norms in a nation).

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