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"Legal System"
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Black lives, white law : locked up and locked out in Australia
Indigenous Australians are the most incarcerated people on the planet. Indigenous men are fifteen times more likely to be locked up than their non-Indigenous counterparts; Indigenous women are twenty-one times more likely. Featuring vivid case studies and drawing on a deep sense of history, Black Lives, White Law explores Australia's deplorable record of locking up First Nations people. It examines Australia's system of criminal justice - the web of laws and courts and police and prisons - and how that system interacts with First Nations peoples and communities. How is it that so many are locked up? Why have imprisonment rates increased in recent years? Is this situation fair? Almost everyone agrees that it's not. And yet it keeps getting worse.
BOOK
The Empire Is Dead, Long Live the Empire! Long-Run Persistence of Trust and Corruption in the Bureaucracy
We hypothesise that the Habsburg Empire with its well-respected administration increased citizens' trust in local public services. In several Eastern European countries, communities on both sides of the long-gone Habsburg border have shared common formal institutions for a century now. We use a border specification and a two-dimensional geographic regression discontinuity design to identify from individuals living within a restricted band around the former border. We find that historical Habsburg affiliation increases current trust and reduces corruption in courts and police. Falsification tests of spuriously moved borders, geographic and pre-existing differences and interpersonal trust corroborate a genuine Habsburg effect.
Journal Article
The adoption of various legal systems in Indonesia: an effort to initiate the prismatic Mixed Legal Systems
Indonesia has three legal systems. Thus experts dispute which one to use. Peter de Cruz's opinion on worldwide legal systems makes it hard to classify Indonesia. This paper analyses the existence of Mixed Legal Systems in the world legal system and the consequences of adopting them in Indonesia to create Prismatic Mixed Legal Systems. This hermeneutical and dialectical inquiry uses comparative legal ideas. The study shows that the legal system is mixed, which leads to practical challenges owing to international relations, which influence each country's legal system. Simple Mixed, and complex Complex describe this legal system blend. A simple Mixed exists between Civil Law and Common Law, while Complex Mixed includes religious or customary law. The Indonesian legal system focuses on \"Prismatic Mixed Legal Systems\" \"Mixed\" must be regarded as a constant process to select the \"best\" resources from diverse sources of the legal system based on balance. It is anticipated that those individuals who specialise in Constitutional Law in Indonesia would carry on with their research and development on the Indonesian legal system, primarily through comparative law studies. This effort is essential in the framework for the future development of the National Legal System and is principally dedicated to the investigation and creation of \"Prismatic Mixed Legal Systems.\"
Journal Article
How Censorship in China Allows Government Criticism but Silences Collective Expression
We offer the first large scale, multiple source analysis of the outcome of what may be the most extensive effort to selectively censor human expression ever implemented. To do this, we have devised a system to locate, download, and analyze the content of millions of social media posts originating from nearly 1,400 different social media services all over China before the Chinese government is able to find, evaluate, and censor (i.e., remove from the Internet) the subset they deem objectionable. Using modern computer-assisted text analytic methods that we adapt to and validate in the Chinese language, we compare the substantive content of posts censored to those not censored over time in each of 85 topic areas. Contrary to previous understandings, posts with negative, even vitriolic, criticism of the state, its leaders, and its policies are not more likely to be censored. Instead, we show that the censorship program is aimed at curtailing collective action by silencing comments that represent, reinforce, or spur social mobilization, regardless of content. Censorship is oriented toward attempting to forestall collective activities that are occurring now or may occur in the future—and, as such, seem to clearly expose government intent.
Journal Article
Are Forensic Experts Biased by the Side That Retained Them?
How objective are forensic experts when they are retained by one of the opposing sides in an adversarial legal proceeding? Despite long-standing concerns from within the legal system, little is known about whether experts can provide opinions unbiased by the side that retained them. In this experiment, we paid 108 forensic psychologists and psychiatrists to review the same offender case files, but deceived some to believe that they were consulting for the defense and some to believe that they were consulting for the prosecution. Participants scored each offender on two commonly used, well-researched risk-assessment instruments. Those who believed they were working for the prosecution tended to assign higher risk scores to offenders, whereas those who believed they were working for the defense tended to assign lower risk scores to the same offenders; the effect sizes (d) ranged up to 0.85. The results provide strong evidence of an allegiance effect among some forensic experts in adversarial legal proceedings.
Journal Article
Regulation by Blockchain: the Emerging Battle for Supremacy between the Code of Law and Code as Law
This paper critically examines the intersection and interactions between conventional law produced and enforced by national legal systems (ie the 'code of law') and the internal rules of blockchain systems, which take the form of executable software code and cryptographic algorithms operating across a distributed computing network ('code as law'). In so doing, it seeks to identify whether, and to what extent, 'regulation by blockchain' will successfully avoid governance by conventional law. It identifies three different ways in which the code of law is likely to interact with code as law, based primarily on the intended motives and purposes of those engaged in activities in developing, maintaining or undertaking transactions upon the network. It argues that these different classes of case are likely to generate different kinds of dynamic interaction between the blockchain code and conventional legal systems, and critically examines the normative foundations of these emerging and anticipated interactions.
Journal Article
Do Preliminary References Increase Public Support for European Law? Experimental Evidence from Germany
Explanations for the successful expansion and consolidation of the European Union and its legal system have long emphasized the importance of domestic courts’ sending preliminary references to the Court of Justice. Key to many of these theoretical accounts is the claim that domestic courts are better equipped than the Court of Justice to compel national governments to comply with EU law. Integrating insights from the comparative judicial politics literature into the context of the EU's preliminary references system, we provide a theoretical and empirical foundation for this claim by arguing that incorporating domestic courts into the EU legal process enhances public support for expansive judicial interpretations of EU law. We go on to argue, however, that this transfer of legitimacy depends on citizens’ views of the national and European courts. We support our argument with evidence from a preregistered survey experiment fielded in Germany.
Journal Article
Advancing the Chinese Legal System Through Inheriting Excellent Traditional Chinese Legal Culture
Currently, research on the Chinese legal system is flourishing, and more and more issues are worthy of exploration. The Chinese legal system is unique among the five major legal systems in the world. It is the only ancient secular legal system, and the only ancient secular legal system to have been disseminated by non-coercive means. The openness of the Chinese legal system is a powerful proof that traditional Chinese law plays a role in importing and exporting legal policies and measures from and to other states. Indeed, these issues are important in research on the Chinese legal system, and a correct understanding of them can help to comprehensively understand traditional Chinese legal culture. It is essential to deepen the research on the Chinese legal system to contribute to its revival and to the inheritance of traditional Chinese legal culture. In addition to comprehensive discussions, it is also necessary to fill gaps and advance the research on the Chinese legal system.
Journal Article
Promotion of the Chinese Legal Culture and System in the New Era
The 5000-years uninterrupted Chinese legal culture embodies the political and legal wisdom of the Chinese nation and is a source of pride for the Chinese nation. It has provided extremely rich resources and treasures for the construction of socialist rule of law with Chinese characteristics. It has been inherited vertically, evolved intergenerationally and reserved continuously. Originating from both the historical legal system and from Marxist historical materialism, the Chinese legal system has profoundly influenced neighboring countries. The comprehensive governance of politics, law, and morality in ancient China, as reflected in the Rites of Zhou, a book of the Western Zhou Dynasty (1027-771 BC) on cultural ideology and political structure, provides an early work on the governance of ancient China. Chinese legal culture has remained progressive, and with the great rejuvenation of the Chinese nation, it is now important to promote Chinese legal culture for construction of the Chinese legal system in the new era.
Journal Article
The Deterrence Effects of Vicarious Punishments on Corporate Financial Fraud
This study extends the research on corporate financial fraud by developing a new perspective on the deterrence effects of vicarious punishments premised on social learning theory. We posit that firms vicariously learn about punishments from their peers by picking up modeling cues, environmental cues, and social cues in the inhibitive learning process, thus being deterred from committing future fraudulence. Using a matched sample of 604 observations of Chinese listed firms between 2002 and 2008, our findings show that an observing firm is deterred from committing fraud if the peers in its industry are caught and punished. We further find that such deterrence effects are subject to how the observing firm evaluates the possibility of being caught and the likelihood it will be punished the same way if it violates similar prohibitions. In particular, inhibitive learning effects are positively moderated by punishments of prominent firms and model–observer similarity but negatively attenuated by the development of the legal system. Our study sheds light on the corporate fraud literature by illuminating the indirect, inhibitive learning process from vicarious punishments and identifying the conditions for differential learning/deterrence outcomes of the observing firms.
Journal Article