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Journal articles on the topic 'Socio-legal literature'
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1
Feenan, Dermot. "Foreword: Socio-legal studies and the humanities." International Journal of Law in Context 5, no. 3 (September 2009): 235–42. http://dx.doi.org/10.1017/s1744552309990097.
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This paper introduces a symposium on socio-legal studies and the humanities, justifying the originality of a dedicated special issue on this topic. The paper identifies and critically examines themes and problems in the literature before introducing the articles in the symposium and, finally, discussing areas for future research.
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Cotterrell, Roger. "Leon Petrażycki and contemporary socio-legal studies." International Journal of Law in Context 11, no. 1 (March 2015): 1–16. http://dx.doi.org/10.1017/s1744552314000330.
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AbstractThe work of the Polish–Russian scholar Leon Petrażycki from the early decades of the twentieth century holds a strikingly paradoxical position in the literature of juristic and socio-legal scholarship: on the one hand, lauded as a supremely valuable contribution to knowledge about the nature of law and, on the other, widely neglected and little known. This paper asks how far Petrażycki's theories, expressed in writings by and about him available to an international readership, can provide insight for contemporary socio-legal studies – not as historical background but as living ideas. How far can his work speak to current issues and inform current debates? What obstacles stand in the way of this? Why have few international scholars engaged with his theories despite their rigour and originality? The paper starts from this last issue before addressing the others. It argues that Petrażycki's radical legal theory offers strikingly distinctive resources for rethinking issues about the role of law in multicultural societies, the nature of developing transnational law, and the significance of law as an aspect or expression of culture.
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Miežanskienė, Ramunė. "Exploring Tendencies in Migrants’ Legal Consciousness Research and Uncovering Factors for Socio-Legal Integration." European Integration Studies 1, no. 14 (October 22, 2020): 26–38. http://dx.doi.org/10.5755/j01.eis.1.14.26774.
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The current state of scientific discourse on legal consciousness occurs within a range of topics of enquiry. In this scope of research, a trendline of publications emerged which employs a narrower focus on the aspects of migrants‘ legal consciousness. As there were no systematic research aspirations in this particular field, this research explores the current scientific discourse, addresses factors for sociolegal integration and uncovers further paths for scientific enquiry as well. The following investigation adopts a method of systematic literature review which covers the time frame of research of three decades - since 1990 and introduces the main tendencies in scientific research on migrants’ legal consciousness. It addresses their geographical spectrum and reasoning that lead to scientific research. The other task was set to highlight the main factors which were identified to be affecting migrant’s legal consciousness and socio-legal integration as equally. The results of the investigation revealed a relatively small, but growing body of literature exploring migrants’ legal consciousness with a considerably narrow geographical division of the research, concentrating mainly to one continent, and with a dominant focus to national (versus comparative) context. Therefore the current field of scientific literature on migrants’ legal consciousness could benefit from the dissemination of investigations in the varied cultural environments and legal systems, as well as launching comparative studies while addressing a varying legal status. This research indicates a range of factors which plays a role in shaping migrants‘ consciousness, though few of them come into frontline while referring different migrants’ legal status. These include, but are not limited to the list, covering legal framework and social norms or ideals of the host country, as well as the encounter with the institutional sector and cultural heritage.
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Creutzfeldt, Naomi, Agnieszka Kubal, and Fernanda Pirie. "Introduction: exploring the comparative in socio-legal studies." International Journal of Law in Context 12, no. 4 (November 9, 2016): 377–89. http://dx.doi.org/10.1017/s1744552316000173.
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AbstractAmong the diverse approaches to comparison in socio-legal studies, those that employ qualitative research, richness of detail and attention to context are the focus of this special issue. The Introduction draws on comparative law and social science literature to argue that comparison amongst studies of laws in contexts can follow different trajectories: the comparison may start from an assumption of similarity – in form, purposes or context – in order to identify significant differences; or it may identify significant similarity across social and cultural divides. What unites many of the projects of comparison undertaken by qualitative empirical researchers is that the points of relevant comparison are identified within the complexity of the empirical studies at hand; and they are allowed to emerge, or change, as the researcher comes to understand the facts and issues more deeply.
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Perry-Kessaris, Amanda. "Making socio-legal Research More Social by Design: Anglo-German Roots, Rewards, and Risks." German Law Journal 21, no. 7 (October 2020): 1427–45. http://dx.doi.org/10.1017/glj.2020.77.
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AbstractThis Article looks for signs of Anglo-German life in the literature and practice under-pinning the current move to use “designerly ways” in socio-legal research; and asks whether design has a role to play in nurturing a sense of Anglo-German socio-legal community. It argues that a “sociological imagination” is essential if we are to fully understand possible synergies between design and socio-legal research, and the risks and rewards of activating them; and that while we cannot know what socio-legal research will or ought to look like in the coming months and years we must pay more attention to designing those moments that we are lucky enough to share in person.
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SCHONTHAL, Benjamin, and Tom GINSBURG. "Setting an Agenda for the Socio-Legal Study of Contemporary Buddhism." Asian Journal of Law and Society 3, no. 1 (February 2, 2016): 1–15. http://dx.doi.org/10.1017/als.2016.3.
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AbstractThis introduction to the special issue on Buddhism and law lays out an agenda for the socio-legal study of contemporary Buddhism. We identify lacunae in the current literature and call for further work on four themes: the relations between monastic legal practice and state law; the formations of Buddhist constitutionalism; Buddhist legal activism and Buddhist-interest litigation; and Buddhist moral critiques of law. We argue that this agenda is important for advancing Buddhist studies and for the comparative study of law and legal institutions.
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�������, O. Kutsenko, ��������, Vladimir Poznyakov, ����������, and Konstantin Bagrationi. "Resistance to Sustainability Innovations Originating in the Legal and Policy Sphere: Socio-Psychological Approach." Russian Journal of Project Management 5, no. 2 (June 17, 2016): 21–30. http://dx.doi.org/10.12737/20513.
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The article examines different types of political and legal innovation in the international legal space and the directly related to them socio-psychological processes influencing the level of resistance to such projects. The stages of political and legal innovation as well as the sustainability law types are highlighted in the article. Based on the literature review and analysis of cases strategies to overcome or reduce the level of resistance to such projects is being proposed.
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Chua, Lynette J. "Charting Socio-Legal Scholarship on Southeast Asia: Key Themes and Future Directions." Asian Journal of Comparative Law 9 (January 1, 2014): 5–27. http://dx.doi.org/10.1017/s2194607800000910.
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AbstractThis article discusses the state of socio-legal scholarship on Southeast Asia and situates the special journal issue in relation to its key patterns, emerging trends, and future directions. Southeast Asian literature in leading socio-legal journals exhibits an imbalanced geographical coverage and tends to cluster around research on state law’s intersection with Islamic and/or customary norms, women’s equality and legal status, and land and the natural environment. These prevailing patterns lead to uneven attention paid to Southeast Asia. However, growing bodies of work along the major themes of legal pluralism, law and development, and dispute processing show the potential of Southeast Asian research to advance important debates and sub-fields in the scholarship at large. Proposals from a December 2012 workshop initiative further identified research directions that could enrich this field of study as well as understandings of law-society relations in Southeast Asia.
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Vivian, Mariana. "Law, justice and Reza Banakar’s legal sociology." Oñati Socio-Legal Series 11, no. 1 (February 4, 2020): 1–29. http://dx.doi.org/10.35295/osls.iisl/0000-0000-0000-1169.
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This work provides a specific theoretical reading of the contemporary sociology of law promoted by Reza Banakar. Specifically, it investigates how the scholar approaches the relationship between law’s autonomy and justice claims through socio-legal lenses, and it proposes a partial understanding of his response. This response is critically interpreted in order to outline the potentialities and limitations of the author’s theoretical proposal. The analyses found in this work were operationalized from a bibliographic review of different sets of literature. In the end, the work highlights that, despite certain gaps, Banakar’s sociology of law has much to offer to the field, and it paves the way for the engagement of future socio-legal researchers interested in the different forms of intersection between law and justice in society.
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Hernández-Hernández, Tania P. "The Spanish Translation of Les Leçons de chimie élémentaire: On the Legal Status of Translation and its Various Values." Comparative Critical Studies 16, no. 2-3 (October 2019): 201–15. http://dx.doi.org/10.3366/ccs.2019.0327.
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Throughout the nineteenth century, European booksellers and publishers, mostly from France, England, Germany and Spain, produced textual materials in Europe and introduced them into Mexico and other Latin American countries. These transatlantic interchanges unfolded against the backdrop of the emergence of the international legal system to protect translation rights and required the involvement of a complex network of agents who carried with them publishing, translating and negotiating practices, in addition to books, pamphlets, prints and other goods. Tracing the trajectories of translated books and the socio-cultural, economic and legal forces shaping them, this article examines the legal battle over the translation and publishing rights of Les Leçons de chimie élémentaire, a chemistry book authored by Jean Girardin and translated and published in Spanish by Jean-Frédéric Rosa. Drawing on a socio-historical approach to translation, I argue that the arguments presented by both parties are indicative of the uncertainty surrounding the legal status of translated texts and of the different values then attributed to translation.
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Pratama, Yogi Pasca, Bhimo Rizky Samudro, and Anang Pra Yogi. "Breastfeeding : Gender and Socio-Economic Dimensions." Ekuilibrium : Jurnal Ilmiah Bidang Ilmu Ekonomi 13, no. 1 (March 21, 2018): 67. http://dx.doi.org/10.24269/ekuilibrium.v13i1.897.
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This study aims to examine breastfeeding behavior from a gender perspective and socio-economic dimension. The legal basis and internal and external factors of breastfeeding behavior are the main issues. Breastfeeding views are also studied in terms of working women, in response to the increasingly expensive economic needs of women to help the family economy by entering the labor market, while women also have an obligation to engage in breastfeeding activities. This study uses literature method, by collecting all the literature related to the breastfeeding process, the legal basis that supports, and the factors that can inhibit and the way to succeed exclusive breastfeeding issues. This study found the fact that there is a misconception of society about breastfeeding that the breastfeeding process is not optimal, the modernization also makes women who should breastfeed to make new choices instead of breastfeeding obligations for their children.
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Tembo, Simbarashe, and Annette Singh. "Prospects for Constitutional and Human Rights Transformation through Constitutional Adjudication in Zimbabwe after 2013." African Journal of International and Comparative Law 29, no. 3 (August 2021): 383–99. http://dx.doi.org/10.3366/ajicl.2021.0372.
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The article is based on the notion that real socio-economic and political transformation did not follow the adoption of the 2013 Zimbabwean Constitution. Relying on theories of constitutionalism, transformational constitutionalism and transformative adjudication as contemplated by Karl Klare, the question of whether it is possible for the transformation agenda to be accomplished in the absence of political will, and the extent to which the courts can be used as a means of attaining this, is addressed. The article uses a socio-legal research method by drawing arguments from legal and policy-related literature. The jurisprudence of the Zimbabwean Constitutional Court is compared with other jurisdictions such as Kenya and South Africa that adopted interpretative and adjudication methods that have changed the lives of the people, especially with regard to socio-economic and civil and political rights. It is observed that while commendable progress has been made by the Zimbabwean courts, the jurisprudence is still fraught with inconsistencies and lacking in transformative legal culture.
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Zaia, Mathew. "Exploring Consciousness: The Online Community’s Understanding of Mobile Technology Surveillance." Surveillance & Society 17, no. 3/4 (September 7, 2019): 533–49. http://dx.doi.org/10.24908/ss.v17i3/4.11934.
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This paper examines subjective understandings and experiences of mobile technology surveillance, an area of surveillance studies literature that is significantly underexplored in North America. Drawing on Ewick and Silbey’s (1998) popular socio-legal conception of legal consciousness, the paper constructs a similar concept in the domain of surveillance. Surveillance consciousness of two mobile surveillance technologies—drones and Stingrays—is explored through online data. Upon analyzing reactions to surveillance, the paper expounds on the complexities found therein, which conform to Ewick and Silbey’s tripartite set of schemas. Such complexities contribute to surveillance studies by addressing whether prevalent theoretical models of surveillance can be sufficiently used to capture the current surveillance society. In its entirety, this paper demonstrates how surveillance and socio-legal studies benefit from greater dialogue and cross-fertilization.
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Chiarello, Elizabeth. "Contextualizing Consequences: A Socio-Legal Approach to Social Movement Outcomes in Professional Fields." Mobilization: An International Quarterly 18, no. 4 (December 1, 2013): 429–51. http://dx.doi.org/10.17813/maiq.18.4.d0645433x5272652.
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Social movement consequences have become an increasingly important area of study, but the current literature overlooks implementation and treats law, organizations, and culture as separate areas of inquiry. This study offers a new perspective on consequences by taking a socio-legal approach that considers how law is constructed and enacted in professional fields and how legal and professional logics intersect to influence professional decision making. Drawing on ethnographic interviews, surveys, and content analysis about the Emergency Contraceptive Pill (ECP) conflict in pharmacy, I find that professional logics largely supersede legal ones to influence decision making and that organizational positioning and perceived policy affect collective goods distribution. These forces diminish the power of pro-choice and anti-abortion laws as professionals interpret, construct, and ignore the law in daily practice. The concluding discussion emphasizes the importance of considering professionals as targets of social movement action, reconceptualizing collective goods and implementation, and using field theory as methodology.
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Fatih, Parmis, Tuba Mutluer, Mohammed Shabsog, Merve Capaci, Isil Necef, Sarper Taskiran, and Coskun Yorulmaz. "Socio-legal consequences of Tourette Syndrome and its comorbidities: A case study and review of the literature." Journal of Forensic and Legal Medicine 71 (April 2020): 101937. http://dx.doi.org/10.1016/j.jflm.2020.101937.
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Wahyudi, Wahyudi. "Kedudukan Badan Hukum Rumah Sakit Privat Dihubungkan Dengan Fungsi Sosio Ekonomi." Istinbath : Jurnal Hukum 15, no. 2 (December 30, 2018): 231. http://dx.doi.org/10.32332/istinbath.v15i2.1209.
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Society as users of health services organized by hospitals are entitled to receive services in plenary by not getting any difference of legal entity of hospital managers. The main goal of health care hospitals include the preventive, curative, rehabilitative and promotive to all levels of society in accordance with the socio-economic function that prioritizes social functioning compared with economic function. The legal entity of hospital management in the form of foundations, associations and limited liability companies. Research in this paper is a normative juridical research, which studied the approach of legislation (the statute approach) means that a problem will be seen from the legal aspect by studying the legislation. And also the method by way of literature study (library research). The research concludes that there are three (3) legal entity that manages private hospitals are more widely used by the public, namely foundations, associations and limited liability companies. Limited liability company that manages the hospital has the main purpose for profit or economic function takes precedence while legal entities of foundations and associations in managing hospitals prioritize socio-economic functions.
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Hirsch, Moshe. "Cognitive Sociology, Social Cognition and Coping with Racial Discrimination in International Law." European Journal of International Law 30, no. 4 (November 2019): 1319–38. http://dx.doi.org/10.1093/ejil/chaa003.
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Abstract Cognitive science is the interdisciplinary study of mental processes involved in the acquisition, classification, organization and interpretation of knowledge in the human environment as well as the decision taken on the appropriate action based upon it. The point of departure is that people do not directly sense information; cognitive processes mediate between sensory input from the environment and behaviour. These cognitive processes are influenced by neurological, psychological, socio-cultural and other factors. In recent years, there has been growing scholarly interest in the study of cognitive sociology, focusing on the interactions between culture and cognition. This stream in sociological literature draws upon and complements cognitive psychological literature. The prohibition on discrimination constitutes one of the fundamental rules in international human rights law, but studies reveal that racial discrimination is pervasive and persistent in many states. Non-compliance with this international legal rule is significantly related to cognitive processes through which people acquire and interpret incoming information about other people. Racial groups are socially constructed and deeply ingrained socio-cognitive biases feed and reproduce racially discriminatory behaviour. These biased mental processes, however, are not inevitable and may change over time. Effective struggle against racial discrimination requires that international legal mechanisms also address the socio-cognitive infrastructure that facilitates and sustains racial discrimination. Consequently, this study also discusses some international legal strategies aimed at mitigating cognitive biases and enhancing compliance with treaties prohibiting racial discrimination.
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Kumar, Vikas, Ihsan Sezersan, Jose Arturo Garza-Reyes, Ernesto D. R. S. Gonzalez, and Moh’d Anwer AL-Shboul. "Circular economy in the manufacturing sector: benefits, opportunities and barriers." Management Decision 57, no. 4 (April 18, 2019): 1067–86. http://dx.doi.org/10.1108/md-09-2018-1070.
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Purpose In recent years, circular economy (CE) has come to prominence as an alternative to the classic approach of “make-use-dispose”. How companies can exploit the opportunities of CE to position themselves better are not well articulated in the literature. The purpose of this paper, therefore, is to identify the barriers and opportunities of CE in the manufacturing sector through a socio-political, economic, legal and environmental perspective. Design/methodology/approach The study adopts a positivist approach, which is deductive in nature. A survey questionnaire was designed and distributed to manufacturing companies operating in the UK and EU. The study used FAME database and social networking platform LinkedIn to identify manufacturing companies. More than 200+ companies were approached for this study and data collection lasted over two months. Findings The study provides a comprehensive review of the CE literature and identifies a number of barriers and opportunities to CE implementation from a socio-political, economic, legal and environmental perspective. The findings highlight key barriers, opportunities and benefits of CE for the manufacturing industries operating in the UK and EU. Research limitations/implications The findings are limited to 63 responses from the survey questionnaire distributed to manufacturing companies in the UK and EU. The present study aims to equip manufacturers with necessary understanding of the key opportunities and barriers to address the challenges encountered during the implementation of CE. Originality/value This study adds to the limited empirical literature on CE barriers and opportunities to manufacturing organisations operating in the UK and EU. The paper also identifies barriers and opportunities of CE from a socio-political, economic, legal and environmental lens.
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Bhatia, Vijay K. "Interpreting law in socio-pragmatic space." Semiotica 2017, no. 216 (May 24, 2017): 109–30. http://dx.doi.org/10.1515/sem-2015-0079.
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AbstractUnlike any other form of professional communication, legal discourse, especially in a legislative context, is unique in the sense that it is full of contradictions. Firstly, it is highly depersonalized, as its illocutionary force is independent of any specific writer or reader, and yet it is meant to address a diverse range of audiences. Secondly, it is meant for ordinary citizens, but is written in a style that is meant only for legal specialists. Thirdly, although its primary function is to assign rights and impose obligations to act or prohibit action, it is written in a highly nominal style (language of thinking) rather than verbal style (language of doing). And finally, legislative provisions are meant to be “clear,” “precise,” “unambiguous,” on the one hand, and “all-inclusive,” on the other, which can be seen as a contratdiction in terms. Most of these seeming contradictions make it difficult for the various stakeholders, which include specialists as well as non-specialists, to manage “socio-pragmatic space” in the construction and, more importantly, interpretation of such provisions, particularly when they are interpreted in broadly socio-political contexts. Drawing on some of the contradictory interpretations of certain sections of the Basic Law, widely regarded as the mini-constitution of Hong Kong, this paper will identify and discuss key theoretical issues emerging from a diversity of meanings attributed to somewhat innocuous legislative constructions, which precipitated the “Occupy Central” movement, largely popularized as the symbolic “Umbrella Movement.” The paper thus attempts to highlight two rather different aspects of interpretation of legal meaning, one in the court of law for the negotiation of justice, and the other in wider socio-political and public domains where law is interpreted broadly with wider social implications.
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Vilks, Andrejs, and Aldona Kipāne. "Sustainable Development of Society in the Context of the Transformation of the Legal Framework." European Journal of Sustainable Development 9, no. 4 (October 1, 2020): 181. http://dx.doi.org/10.14207/ejsd.2020.v9n4p181.
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The socio-economic processes in the world and in Europe are highly dynamic and are aimed at a sustainable development of society. The sustainable and balanced development of society determines the need for the development of coherent and objectively justified elements of the legal system, including the creation of a new legal framework, the permanent reform of law enforcement authorities, and the use of national and international legal practices in socio-economic activities. At present the sustainable development of society is affected by a new socially unfavourable phenomenon COVID-19 that has a global impact on all regions of the world and almost all spheres of life. International organizations and national institutions must be responsible, courageous and determined in tackling the challenges of the crisis and in building a new generation. The global crisis can be a unique opportunity not only to successfully overcome its consequences, but also to ensure a transition to a fair, climate-neutral and digital sustainable Europe. In this context innovative thinking, successful use of modern technologies, transition to new models of social, economic, political and legal governance are needed. In general, this will contribute to the development of the sustainable society based on a full legal framework. Research aim: to identify the current state of the sustainable development of society, including the impact of COVID-19, by modelling the potential development of it, in accordance with the perspective of transnational socio-economic development. Research methods: study of legal literature and literary sources, the Internet resources, method of modelling, as well as descriptive and analytical methods.
Keywords: COVID-19, sustainable development, crisis, society, the legal framework
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Berezyuk, L. A. "Legal regulation of working hours in Soviet Republics in the context of socio-economic transformations (1917–1991)." Proceedings of the National Academy of Sciences of Belarus, Humanitarian Series 64, no. 1 (February 16, 2019): 103–13. http://dx.doi.org/10.29235/2524-2369-2019-64-1-103-113.
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This article analyzes the evolution of legal regulation of working hours in the context of socioeconomic transformations in 1917–1991. The introduction of the article presents the relevance of the study, as well as a brief review of the literature on the topic under consideration. Characteristics of labor legislation in the field of working hours are given in chronological order with the identification of positive and negative aspects of the analyzed legal acts. The conclusion of the article highlights of main stages in the development of legislation regulating the length of working hours in 1917–1991 and a conclusion are drawn about the complexity and ambiguity of the process of forming the legal regulation of working hours.
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Yuniza, Mailinda Eka, and Aicha Grade Rebecca. "Red Tape Phenomenon of Social Securities Distribution During Covid-19: A Socio–Legal Analysis." IKAT: The Indonesian Journal of Southeast Asian Studies 4, no. 2 (April 8, 2021): 113. http://dx.doi.org/10.22146/ikat.v4i2.58137.
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To distribute social aids during a time of a pandemic, red tapes or unnecessary bureaucratic layers needs to be eliminated because the situations demand flexibility. In fact, during the Covid-19 the Indonesian government struggled to hand the staple needs help due to various problems with the existing social aid system. The purpose of this study is to analyze the social and legal factors that create a red tape that hindered the implementations of distributions. This research uses a qualitative approach with data collection techniques of literature and statutory analysis. The result of this study shows that there is an interplay factor between administrative law on social policies and the bureau pathology(Bureaucratic disease) that infects the bureaucratic system of the Ministry of Social Affairs especially in the aspects of managerial, human resources, and tendencies to conduct unlawful actions aspects. The format of the law has proven to be ineffective to be used in a pandemic setting. Furthermore, there are tendencies of upholding the tight legal mechanism to share the responsibilities in between bottom-up government units which had created ineffective within the systems in times of a pandemic. Nevertheless, it shows that the law has already matured in governing the bureaucratic nature in the Ministry of Social Affairs.
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Muhanga, Mikidadi. "Informal sector in urban areas in Tanzania: some socio-demographic, economic and legal aspects." International Journal of Accounting and Economics Studies 5, no. 2 (November 14, 2017): 163. http://dx.doi.org/10.14419/ijaes.v5i2.8495.
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Urban settings worldwide are homes to the informal sector due to the sector’s vast potentiality in terms of employment and income generation. Very little is found throughout the literature on the socio-demographic attributes of the informal sector in Tanzania despite its contribution to the economy. This paper empirically profiles informal sector in urban setting in Morogoro, Tanzania by analyzing socio-demographic, economic and legal aspects of the sector and those involved. Data was collected from 80 respondents using a questionnaire. Data analysis entailed descriptive statistics and cross tabulation. The results reveal dominance of men in the sector, low levels of education, young (19-26 years) and married people dominating, use of family labour, willing to operate businesses at times and locations convenient to customers. The study further shows that 55 % of the activities obtained capital from owners’ own sources and 82.5 % of the activities operating were not licensed. The results further show that 50% of the activities /businesses surveyed were owned by families. Overall, the study asserts that the IS has a valuable contribution to the well being of the urban dwellers. The study recommends a need for addressing training needs and interventions by Local Government Authorities in the Informal Sector’s operations for better performance and contribution to the livelihood of those involved but also to allow the Local Government Authorities earn income in form of taxes.
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Sari, Mieke, Nuzulia Kumalasari, Sigit Nugroho, and Yatini Yatini. "The Optimization of Geographical Indication Protection in The Realization of National Self-Sufficiency." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 07, no. 01 (April 2020): 85–101. http://dx.doi.org/10.22304/pjih.v7n1.a5.
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Any products of origin with their reputation, quality, and characteristics provide various benefits for their producers and consumers. The producers can have economic, ecological, socio-cultural, and legal benefits. The consumers can hold product quality and guarantee of origin, as well as legal guarantee for counterfeiting product. The study focused on the optimization of economic benefits in the protection of Geographical Indication. Producers do not immediately receive these benefits because they are related to the starting point for registration of different geographical indications among products. The purpose of this study is to formulate a strategy to maximize the benefits of geographical indications for producers, especially in the economic field. The study employed socio-legal research method. The primary data consisted of interviews; and the secondary data was composed of legislation, literature, and proceedings. The study concluded that the improvement of national welfare and self-sufficiency could be enhanced by arrangement of production system, control method, compliance to the document of geographical indication, and guidance and supervision of the Regional Government.
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Saeed, Abdullah. "Some reflections on the Contextualist approach to ethico-legal texts of the Quran." Bulletin of the School of Oriental and African Studies 71, no. 2 (June 2008): 221–37. http://dx.doi.org/10.1017/s0041977x08000517.
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AbstractA “contextualist” reading of the Quran is becoming increasingly popular, particularly among those Muslims referred to as “progressive-ijtihadis”. One of the primary concerns of this reading is that in order to understand and interpret the ethico-legal content of the Quran and relate that content to the changing needs and circumstances of Muslims today, it is important to approach the text at different levels, giving a high degree of emphasis to the socio-historical context of the text. In the classical tafsīr this emphasis on socio-historical context was not considered important, particularly in the interpretation of the ethico-legal texts, despite the frequent use of asbāb al-nuzūl literature. In this paper, I will explore how progressive-ijtihadis are adopting a contextualist reading of ethico-legal texts of the Quran. To illustrate this, I will use one or two such texts (verses) and their interpretations by the progressive-ijtihadis and will seek to demonstrate the contours of this approach, and highlight some of the challenges this approach is facing.
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Monk, Daniel. "EM Forster's will: an overlooked posthumous publication." Legal Studies 33, no. 4 (December 2013): 572–97. http://dx.doi.org/10.1111/j.1748-121x.2012.00264.x.
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Focusing on a single, uncontested will is unusual within legal studies. And the extensive literature about EM Forster has overlooked the significance of his will. This article endeavours to address these silences and develop a conversation between the two. It first explores the place of inheritance in Forster's life and novels; and in doing so highlights his interest in inheritance as both a concept and a practice. Turning then to his will, it argues that it reveals a reflective personal and political engagement with concerns about kinship, sexuality and intimate citizenship which are central to current debates within socio-legal and sociological scholarship. This reading consequently argues that his will is a text that can be read alongside his other work; that it represents a ‘posthumous publication’. While a close, critical reading of the will of one very particular individual, the article identifies the challenges posed to testators in negotiating the public and private nature of wills and highlights both the rich potential and the difficulties that these texts present for socio-legal, literary and biographical scholarship.
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Sari, Mieke, Nuzulia Kumalasari, Sigit Nugroho, and Yatini Yatini. "The Optimization of Geographical Indication Protection in The Realization of National Self-Sufficiency." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 07, no. 01 (April 2020): 85–101. http://dx.doi.org/10.22304/pjih.v7n1.a5.
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Any products of origin with their reputation, quality, and characteristics provide various benefits for their producers and consumers. The producers can have economic, ecological, socio-cultural, and legal benefits. The consumers can hold product quality and guarantee of origin, as well as legal guarantee for counterfeiting product. The study focused on the optimization of economic benefits in the protection of Geographical Indication. Producers do not immediately receive these benefits because they are related to the starting point for registration of different geographical indications among products. The purpose of this study is to formulate a strategy to maximize the benefits of geographical indications for producers, especially in the economic field. The study employed socio-legal research method. The primary data consisted of interviews; and the secondary data was composed of legislation, literature, and proceedings. The study concluded that the improvement of national welfare and self-sufficiency could be enhanced by arrangement of production system, control method, compliance to the document of geographical indication, and guidance and supervision of the Regional Government.
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Scoville, Ryan, and Mark Berlin. "Who Studies International Law? Explaining Cross-national Variation in Compulsory International Legal Education." European Journal of International Law 30, no. 2 (May 2019): 481–508. http://dx.doi.org/10.1093/ejil/chz030.
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Abstract The compulsory study of international law is a universal component of legal education in some states but extremely uncommon or non-existent in others. This article uses global data and statistical methods to test a number of conceivable explanations for this puzzling feature of international society. In contrast to much of the empirical literature on state behaviour in relation to international law, we find that functionalist and socio-political variables carry little explanatory power and that historical variables – specifically, legal tradition and regional geography – instead account for the overwhelming majority of the global pattern. We explore potential explanations for these findings and discuss implications for scholars, legal educators and policy-makers.
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Zulli, Tania. "“Undesirable Immigrants”: The Language of Law and Literature in Joseph Conrad’s “Amy Foster”." Pólemos 13, no. 2 (September 25, 2019): 299–312. http://dx.doi.org/10.1515/pol-2019-0023.
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Abstract Over the last few decades, the field of law and literature studies has increasingly focused on the importance of literary texts in the interpretation of legal doctrines developing wider perspectives on society and on the law’s effect on the community itself. By considering the dynamic relationship between narrative works and legal documents, the present analysis proposes a reading of Joseph Conrad’s short story “Amy Foster” (1901), which focusses on the investigation of the social and political aspects of migration in late nineteenth-century Britain. Echoes of the migrant figure as represented in Conrad’s story can be found in the Aliens Act, the law passed by the British government in 1905 to regulate the flux of migrants from Eastern Europe. Taking into account the legal value of the Aliens Act and the social consequences of its application, the article will first examine general views on migration at the beginning of the twentieth century, and will later explore the language used in the statute and its relevance in the short story. To this end, the notion of “undesirable immigrant,” first introduced to describe migrants with well-defined characteristics, is anticipated by Joseph Conrad in “Amy Foster” whose protagonist, Yanko Goorall, is an emigrant from Eastern Europe. Conrad’s fictional representation of Goorall as an “undesirable immigrant” allows us to reflect on how his writing deals with (and anticipates) events and socio-cultural trends.
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Lin, Xue, and Rocci Luppicini. "Socio-Technical Influences of Cyber Espionage." International Journal of Technoethics 2, no. 2 (April 2011): 65–77. http://dx.doi.org/10.4018/jte.2011040105.
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Technoethical inquiry deals with a variety of social, legal, cultural, economic, political, and ethical implications of new technological applications which can threaten important aspects of contemporary life and society. GhostNet is a large-scale cyber espionage network which has infiltrated important political, economic, and media institutions including embassies, foreign ministries and other government offices in 103 countries and infected at least 1,295 computers. The following case study explores the influences of GhostNet on affected organizations by critically reviewing GhostNet documentation and relevant literature on cyber espionage. The research delves into the socio-technical aspects of cyber espionage through a case study of GhostNet. Drawing on Actor Network Theory (ANT), the research examined key socio-technical relations of Ghostnet and their influence on affected organizations. Implications of these findings for the phenomenon of GhostNet are discussed in the hope of raising awareness about the importance of understanding the dynamics of socio-technical relations of cyber-espionage within organizations.
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Wardana, Agung. "Alliances and Contestations in the Legal Production of Space: The Case of Bali." Asian Journal of Comparative Law 9 (January 1, 2014): 145–71. http://dx.doi.org/10.1017/s2194607800000958.
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AbstractThe controversy over the provincial spatial planning regulation for Bali Province reflects the dynamic of Balinese society in the era of regional autonomy. The dynamic is polarised between expanding the tourism and real estate industry for economic reasons and constraining such expansion for the sake of protecting Bali’s environment and culture. Thus, the law governing space becomes an essential means to intervene in crafting the relations between competing interests over space. The application of the law itself is also complicated by the condition of legal pluralism which provides different and sometimes conflicting sources of legality to be used to justify the interests of legal actors. This article aims at highlighting how space is produced in a pluralistic legal setting and examining whose interests are served by the condition of legal pluralism in contemporary Bali. Employing socio-legal methods with Lefebvre’s conception of space and legal pluralism as an integrating analytical framework, the article contributes to the literature on spatial planning law in Indonesia that is dominated by “legal centralism” and a given notion of space.
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Shibata, Akiho. "Japan and 100 Years of Antarctic Legal Order: Any Lessons for the Arctic?" Yearbook of Polar Law Online 7, no. 1 (December 5, 2015): 1–54. http://dx.doi.org/10.1163/2211-6427_002.
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This paper examines whether core foundational principles can be distilled from the 100 years of history of the legal order-making in the polar regions. Despite differences in geo-physical, socio-historical, and legal circumstances conditioning the Antarctic and the Arctic regions, the examination of the processes of legal order-making in both polar regions demonstrates that there are some foundational principles being assessed and applied in designing their respective legal regimes. The identification of those core foundational principles would not necessarily lead to similar end products, nor would such examination necessarily advocate, for example, an Arctic Treaty System. This paper, instead, submits that between the Antarctic and the Arctic there are mutual learning processes already discernible at the foundational level of process legitimacy in international legal order-making. This examination also provides a broader framework to assess the existing literature that sees certain interactions between the two regimes at the level of substantive principles and rules.
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Scheibner, James, Joanna Sleigh, Marcello Ienca, and Effy Vayena. "Benefits, challenges, and contributors to success for national eHealth systems implementation: a scoping review." Journal of the American Medical Informatics Association 28, no. 9 (June 21, 2021): 2039–49. http://dx.doi.org/10.1093/jamia/ocab096.
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Abstract Objective Our scoping review aims to assess what legal, ethical, and socio-technical factors contribute to or inhibit the success of national eHealth system implementations. In addition, our review seeks to describe the characteristics and benefits of eHealth systems. Materials and Methods We conducted a scoping review of literature published in English between January 2000 and 2020 using a keyword search on 5 databases: PubMed, Scopus, Web of Science, IEEEXplore, and ProQuest. After removal of duplicates, abstract screening, and full-text filtering, 86 articles were included from 8276 search results. Results We identified 17 stakeholder groups, 6 eHealth Systems areas, and 15 types of legal regimes and standards. In-depth textual analysis revealed challenges mainly in implementation, followed by ethico-legal and data-related aspects. Key factors influencing success include promoting trust of the system, ensuring wider acceptance among users, reconciling the system with legal requirements, and ensuring an adaptable technical platform. Discussion Results revealed support for decentralized implementations because they carry less implementation and engagement challenges than centralized ones. Simultaneously, due to decentralized systems’ interoperability issues, federated implementations (with a set of national standards) might be preferable. Conclusion This study identifies the primary socio-technical, legal, and ethical factors that challenge and contribute to the success of eHealth system implementations. This study also describes the complexities and characteristics of existing eHealth implementation programs, and suggests guidance for resolving the identified challenges.
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Soares, Marcelo Negri, Marcos Eduardo Kauffman, and Raphael Farias Martins. "ECONOMY LAW AND ECONOMIC ANALYSIS OF LAW AND THE IMPACT ON INTELLECTUAL PROPERTY IN THE COMMON LAW SYSTEM." Revista Direitos Sociais e Políticas Públicas (UNIFAFIBE) 7, no. 2 (September 10, 2019): 474. http://dx.doi.org/10.25245/rdspp.v7i2.570.
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This article analyses the concept of economics applied to law in order to understand the school's analysis of legal phenomena by economic principles that emerged in 1960 in the United States of America, tracing the impacts on intellectual property law in the Common Law system. This study relies on the hypothetical-deductive method, with a focus on economic and legal literature, to conclude that intellectual property legislation is frequently modernized, especially at the time of major socio economic transformations such as an industrial revolution with the effect of boosting development and innovation, ensuring economic growth with the proper security and protection of industrial secrets and expertise.
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Bangun, Budi Hermawan. "Ecofeminism and Enviromental Protection: A Legal Perspective." Jambe Law Journal 3, no. 1 (November 29, 2020): 1–18. http://dx.doi.org/10.22437/jlj.3.1.1-18.
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Women are very important figures to ensure sustainable development. This paper discusses the role of women in environmental protection from the perspective of eco-feminism and law. This research is a non-doctrinal legal research with a socio-legal approach. The data used are secondary data obtained through literature studies, then the data that has been obtained is analyzed qualitatively. It is learnt from the discussion that eco-feminism as a thought that criticizes the dominance of patriarchy over control of environmental management and has succeeded in encouraging environmental protection movements carried out by women in various countries. Women are key actors in using, managing and protecting natural resources. Environmental preservation is closely related to the role of women. From a legal perspective, eco-feminism is an effort by the people to seek justice as the main goal of law and ensure the principle of equality before the law inmonitoring, protecting and enjoying the benefits of environmental sustainability.
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BLANCHARD, CATHERINE. "Evolution or Revolution? Evaluating the Territorial State-Based Regime of International Law in the Context of the Physical Disappearance of Territory Due to Climate Change and Sea-Level Rise." Canadian Yearbook of international Law/Annuaire canadien de droit international 53 (August 10, 2016): 66–118. http://dx.doi.org/10.1017/cyl.2016.4.
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AbstractThe threat of the permanent physical disappearance of the territory of states no longer belongs to the mythical realm, and the situation is particularly imminent for small island developing states. While most international legal scholarship has so far focused on issues stemming from territorial disappearance, this article goes one step further. It questions the appropriateness of the classical notion of the territorial state — a socio-cultural and politico-legal entity evolving on a defined territorial area — as the basis for an international legal system faced with new realities created by climate change, sea-level rise, and globalization. After examining the current rules on statehood within the context of the physical disappearance of states’ territories and looking into the solutions suggested in the legal literature to address territorial loss, this article assesses a new way of understanding statehood by exploring theoretical lenses through which a new model of statehood could be contemplated.
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Benton, Lauren. "Beyond Anachronism: Histories of International Law and Global Legal Politics." Journal of the History of International Law / Revue d'histoire du droit international 21, no. 1 (May 30, 2019): 7–40. http://dx.doi.org/10.1163/15718050-12340100.
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Abstract This article presents a critique of recent writings, mainly by Anne Orford, of historical methodologies in international law as supposedly focused on rooting out anachronism and separating history from the politics of the present. First, the article shows that this (mis)characterization of historical methods is based on a misreading of the work of Quentin Skinner and the Cambridge School. Second, it argues that Orford errs in assuming that the Cambridge School is representative of historical approaches. The article exposes this error by tracing key strands of socio-legal study of global legal history. That literature has generated new insights about such topics as vernacular discourses of international law and the influence of patterns of colonial politics on global ordering. This new global legal history takes ‘legal politics’ as its object of analysis while merging the study of praxis and theory in the history of international law.
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Florczak, Waldemar, and Wojciech Grabowski. "Analysis of factors determining the reaction to a legal problem using a multinomial logit model." Wiadomości Statystyczne. The Polish Statistician 63, no. 1 (January 29, 2018): 57–76. http://dx.doi.org/10.5604/01.3001.0014.0615.
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The aim of the study is to identify and quantify the influence of factors determining the reaction to the occurrence of a legal problem. On the basis of literature review, a list of such factors was prepared and, subsequently, on the basis of data from the national survey conducted by the Institute of Public Affairs (IPA) in Warsaw in 2012, structural parameters of the multinomial logit model were estimated. The research presents that a decision on the legal problem depends primarily on the type of experienced issue, its importance, attitudes towards law and several other socio-economic features which influenced people. Moreover, the research outcomes show that reductions in demand for legal counselling caused by the low income are not significant, whereas, spatial availability appears to be a more important barrier.
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Gillespie, John. "LOCALIZING GLOBAL COMPETITION LAW IN VIETNAM: A BOTTOM-UP PERSPECTIVE." International and Comparative Law Quarterly 64, no. 4 (October 2015): 935–63. http://dx.doi.org/10.1017/s0020589315000445.
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AbstractGlobal laws are an important inspiration for commercial law reforms around the world. Much analysis of this phenomenon emphasizes the capacity of regulatory élites, such as lawmakers, courts and lawyers, to adapt global laws to local conditions. What is often absent from this top-down analysis is a wide-ranging consideration of what the regulated think about global laws. This article aims to redress this shortcoming in the comparative literature by drawing fresh perspectives from bottom-up responses to global laws. It takes from socio-legal scholarship a framework for analysing the interface between thought formation and social action and explores the question—how do the regulated conceptualize and localize global laws? If compliance is socially constructed from below, as this literature suggests, then attempts to understand legal globalization by focusing exclusively on regulatory élites misses much of the localization story.
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Marusek, Sarah. "Expiration dates: Performative illusions of law and regulation." Semiotica 2017, no. 216 (May 24, 2017): 249–63. http://dx.doi.org/10.1515/sem-2015-0086.
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AbstractExpiration dates on perishable food items provide some indication as to when the item was produced and how long it’s been sitting on the shelf. However, in the United States, expiration dates are voluntary and subjectively characterize the quality of food as such dates, implemented by the food’s manufacturer, are not legally mandated. Culturally speaking then, why do we pay so much attention to them? This paper will examine the relationship between expiration dates on food and the visual-based perceptions about law that inform these socio-legal semiotics of regulation while exploring the complexity of law concerning the symbolism, construction, and reception of such labels as either legal truth or legal fiction.
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Cánovas-Molina, Almudena, and Eduardo García-Frapolli. "Socio-ecological impacts of industrial aquaculture and ways forward to sustainability." Marine and Freshwater Research 72, no. 8 (2021): 1101. http://dx.doi.org/10.1071/mf20265.
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In recent decades, we have witnessed a rapid increase in world aquaculture production, the so-called ‘blue revolution’. So as to provide a holistic overview of the socio-ecological threats coupled with this increase, a literature review has been conducted. The following seven major socio-ecological impacts were identified: (i) the damage and destruction of natural environments, (ii) discharges; (iii) a risk to wild fish and shellfish populations, (iv) spatial conflicts, (v) threats to food security, (vi) unfairness in the access to commons; and (vii) the unequal distribution of benefits. So as to move forward from ‘blue revolution’ to a ‘blue evolution’ and attain sustainable aquaculture, the following tools have been identified as instrumental for the transition process: technical, management, governance and legal aspects.
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Naqiyah and Nita Triana. "Reconstruction of Integrated Legal System for Protecting the Victims of Domestic Violencein Divorce Cases." SHS Web of Conferences 54 (2018): 08006. http://dx.doi.org/10.1051/shsconf/20185408006.
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There is a guarantee for legal protection for all citizens without any discrimination. However, there are many cases of victims of domestic violence, hidden in civil law cases that are handled by religious courts. It is because the religious courts do not have authority to handle criminal cases. This paper aims to examine the feasibility of reconstructing the existing integrated legal system in protecting the victims of domestic violence in divorce cases in Cilacap District. Furthermore, this study is to research a model of an integrated legal system of the protection of victims of domestic violence in divorce cases. This research is a non-doctrinal legal research with socio-legal approach using a qualitative derived from literature and a survey method. The method used was observation, depth interview, document interpretation. The data were taken from Religious Court, police, and community leaders in Cilacap. The data were analysed by the theory of legal work. This research concludes that one of the solutions for the protection of victims of domestic violence in divorce cases is to reconstruct an integrated legal system model from all its elements that include legal structure, substance and culture so that it can handle the cases of domestic violence effectively..
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Sushila Soriya and Narender Kumar. "Relationship of Corporate Governance with Firms Performance and Dividend Payout: A Literature Review." Think India 21, no. 2 (June 22, 2018): 26–35. http://dx.doi.org/10.26643/think-india.v21i2.7762.
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The present study aims to find the research gap between corporate governance, firm performance, and dividend payout through available literature and develop future scope of the study. The study reviewed 100 research papers covering time from 1995 to 2016. The papers were classified and analyzed based on various approaches. The review of literature indicates that research work on area of corporate governance has increased after 2007-08 crises. The study reveals that the relationship of different variables of corporate governance with dividend payout and firm performance are mixed in nature. It also indicates that different countries have different socio-economic, cultural, political, and legal dimensions that in turn affect the governance regulations of any country. Present study classifies, summarizes, and analyzes the past literature and provides a comprehensive review on corporate governance mechanism, which may be helpful for future research in same area.
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Ergene, Boğaç, and Atabey Kaygun. "Semantic Mapping of An Ottoman Fetva Compilation: EBUSSUUD Efendi’s Jurisprudence through a Computational Lens." Journal of Islamic Studies 32, no. 1 (December 20, 2020): 62–115. http://dx.doi.org/10.1093/jis/etaa032.
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Abstract Fetva collections are important sources for Islamic legal history. However, few scholars have considered a particular collection of fetvas or the fetvas of an individual jurist as specific areas of legal and historical exploration. Instead, most researchers use fetvas selectively and instrumentally, that is in (at best) small groups, and in their explorations of various other topics. This article proposes computational methodologies that could characterize the contents of a 6,000-fetva corpus by an important Ottoman jurist, Şeyhülislam Ebussuud Efendi (d. 1574), to reveal its substantive composition and range. The article conceptualizes a previously uncharted textual space in a way similar to how a map depicts a geographical one. By doing so, it also provides insights into Ebussuud’s jurisprudential legacy and the major socio-legal concerns and anxieties in the Ottoman Empire during the sixteenth century.
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Shinkarenko, Inna, and Nataliya Davydova. "Socio-psychological structure problems of crime victim personality." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 5, no. 5 (December 30, 2020): 359–66. http://dx.doi.org/10.31733/2078-3566-2020-5-359-366.
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The article deals with highlighting the victim of the crime role and the victim's personality socio-psychological structure. Victimology, which emerged at the legal and social psychology intersection, has to identify qualitative and quantitative characteristics and other issues related to the personality and physical, moral or property damage victim’s behavior. In the course of the research, the definitions of victimhood available in the scientific literature are analyzed, and several main approaches to this phenomenon are identified. Becouse of existing scientific opinion generalization, the work defines victimhood as a potential ability to be a victim of a crime as a result of negative personal qualities interaction with external factors, as well as the some people tendency to become the victims of a crime.
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Mohammad Abdullah. "Islamic endowment (Waqf) in India: Towards poverty reduction of Muslims in the country." Journal of Research in Emerging Markets 2, no. 2 (April 7, 2020): 48–60. http://dx.doi.org/10.30585/jrems.v2i2.482.
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This paper aims to examine the potential role of Waqf (Islamic endowment or philanthropic institution) in poverty alleviation and socio-economic development of the Indian Muslim community. The paper attempts to critically analyze the structure, mechanism and legal framework of Waqf management in India followed by pinpointing the existing lacuna and insufficiency of the Waqf governance model and practices in the country. The paper finds that the institution of Waqf possesses a mammoth amount of financial and infrastructural resources in India, and the role of this institution can be critically important in reducing the poverty of, particularly, the Muslim community. Muslims in India are trapped in the incidence of poverty more than other communities except for Buddhists. In aggregate terms, one in every three Muslims lives below the poverty line in India. Proper utilization of Waqf institution can be critical in reducing the poverty of the Muslim community in the country. The paper is based on a qualitative research paradigm and it adopts a socio-legal research methodology for the analysis of the available literature. The paper concludes with some critical policy recommendations for enhancing the role of Waqf in reducing the poverty rate among Muslims in the country.
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Onifade, Temitope Tunbi. "Regulating Natural Resource Funds: Alaska Heritage Trust Fund, Alberta Permanent Fund, and Government Pension Fund of Norway." Global Journal of Comparative Law 6, no. 2 (July 7, 2017): 138–73. http://dx.doi.org/10.1163/2211906x-00602002.
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The paper is a comparative regulatory analysis of the Alaska Heritage Trust Fund, the Alberta Permanent Fund, and the Government Pension Fund of Norway, as developed country natural resource fund (nrf) models. Its objective is to examine how nrfs are regulated. To achieve this objective, it explores and compares the socio-political contexts and regulatory features of the three nrfs, drawing lessons along the way. Given the dearth of publications on the domestic as opposed to the transnational regulation of nrfs, it carries out an original review of primary and secondary policy sources, both legal and non-legal documents, along with a synthesis of representative bodies of literature. It finds that nrfs are mainly regulated by laws and institutional support, which constitute four key regulatory features: legal frameworks and objectives, ownership regimes, structure and functionality, and governance and operation. The conclusion is that how nrfs are regulated, based on these features, determines their outcomes.
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Chen, Zhen Troy. "Flying with two wings or coming of age of copyrightisation? A historical and socio-legal analysis of copyright and business model developments in the Chinese music industry." Global Media and China 6, no. 2 (March 1, 2021): 191–206. http://dx.doi.org/10.1177/2059436421998466.
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Following the third copyright law amendment in China, this paper offers a timely contribution to the debates on the shifting policy, governance and industry landscape of the Chinese music industry. This paper conducts a historical and socio-legal analysis of the development of Chinese copyright law with regards to the music industry and argues that the Chinese digital music industry has developed to a stage where three business models collide, namely the cultural adaptation model, the renegade model and the platform ecosystem model. This paper draws on interdisciplinary literature and discourses from legal studies, business studies and cultural studies and provides new evidence of the much neglected autonomous development of Chinese copyright law on top of foreign pressure and the desired reforms to further integrate into the global market economy.
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Spivakovsky, Claire. "The Need for Flexible and Adaptive Research in an Environment of Diverse Barriers to Accessing Data." Canadian journal of law and society 26, no. 3 (December 2011): 607–12. http://dx.doi.org/10.3138/cjls.26.3.607.
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There is concern among socio-legal scholars about the relationship that has formed between scholarly research and public policy. Pat Carlen contends that in the case of criminology, this relationship sees scholars increasingly struggle to maintain their critical capacity. The problem, according to Carlen, is that scholars trying to increase research output through partnership with policy makers often find this partnership hinges on an agreement that any research produced will conform to the parameters of the policy makers' needs. Furthermore, when scholars do not seek partnership with policy makers, they may face political hurdles in gaining access to institutional data. Scholars may be required to demonstrate the direct policy relevance of their research before policy makers will consider the type and extent of access granted. These kinds of barriers to data access have the potential to adversely impact the critical merit of socio-legal scholarship.This paper employs my own research as a case study to explore some of the foundations for socio-legal scholars' concerns about the appearance and impact of barriers to institutional data. My research aimed to explore how correctional agencies approach the offender rehabilitation principle of responsivity in relation to Indigenous offenders. Contemporary correctional literature states that to be responsive, correctional agencies must identify variances among offenders that may affect the delivery and reception of programs. Significantly, however, it is unclear what, if anything, correctional agencies should do to accommodate variances once identified. Accordingly, I sought access to correctional agencies to interview staff working in the areas of Indigenous offender rehabilitation policy and service who could elaborate on their agencies' approach to Indigenous offender responsivity. Agencies in four jurisdictions were approached. In seeking access to this institutional data, I encountered two main barriers that impacted the scope and direction of the project in unexpected ways.
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Goergen, Marc, Chris Brewster, and Geoffrey Wood. "Corporate Governance Regimes and Employment Relations in Europe." Articles 64, no. 4 (January 14, 2010): 620–40. http://dx.doi.org/10.7202/038876ar.
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Summary An influential strand of the finance literature focuses on the nature and extent of shareholder rights vis-à-vis employees. Most of the extant literature on the subject relies on a limited number of case studies and/or broad macroeconomic data, whereas this article draws on evidence from a large scale survey of organizations to test the predictions of the theories on the relative strength of workers and managers across the different governance regimes. This evidence highlights the complex relationship between societal institutions, legal traditions, political parties and electoral systems, on corporate governance regimes and the relative strength of unions and collective representation at workplace level, highlighting the limitations of the mainstream finance and economics rational-incentive based literature, and the value of alternative socio-economic approaches.