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81,097
result(s) for
"Legal systems"
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Exchange hazards, relational reliability, and contracts in China: The contingent role of legal enforceability
2010
Building on institutional and transaction cost economics, this article proposes that legal enforceability increases the use of contract over relational reliability (e.g., beliefs that the other party acts in a non-opportunistic manner) to safeguard market exchanges characterized by non-trivial hazards. The results of 399 buyer-supplier exchanges in China show that: (1) when managers perceive that the legal system can protect their firm's interests, they tend to use explicit contracts rather than relational reliability to safeguard transactions involving risks (i.e., asset specificity, environmental uncertainty, and behavioral uncertainty); and (2) when managers do not perceive the legal system as credible, they are less likely to use contracts, and instead rely on relational reliability to safeguard transactions associated with specialized assets and environmental uncertainty, but not those involving behavioral uncertainty. We further find that legal enforceability does not moderate the effect of relational reliability on contracts, but does weaken the effect of contracts on relational reliability. These results endorse the importance of prior experience (e.g., relational reliability) in supporting the use of explicit contracts, and alternatively suggest that, under conditions of greater legal enforceability, the contract signals less regarding one's intention to be trustworthy but more about the efficacy of sanctions.
Journal Article
The adoption of various legal systems in Indonesia: an effort to initiate the prismatic Mixed Legal Systems
by
Noho, Muhammad Dzikirullah H
,
Wardhani, Lita Tyesta Addy Listya
,
Natalis, Aga
in
Civil law
,
Civil Law Systems
,
Common law
2022
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
The Empire Is Dead, Long Live the Empire! Long-Run Persistence of Trust and Corruption in the Bureaucracy
2016
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
How Censorship in China Allows Government Criticism but Silences Collective Expression
by
ROBERTS, MARGARET E.
,
PAN, JENNIFER
,
KING, GARY
in
Authoritarianism
,
Censored data
,
Censorship
2013
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?
2013
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
2019
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
A Programmatic Document for Strengthening Legal Education and Legal Theory Research in the New Era: Interpretation of the Opinions on Strengthening Legal Education and Legal Theory Research in the New Era
2024
The release of the Opinions on Strengthening Legal Education and Legal Theory Research in the New Era (hereinafter referred to as the “Opinions” ) is a milestone in the history of legal education since the founding of the People’ s Republic of China in 1949. Standing at a new historical starting point for exercising law-based governance on all fronts and advancing the rule of law in China, this document outlines new development goals for legal education and legal theory research in the new era from both short-term and long-term perspectives. It adheres to the guidance of XI Jinping Thought on Socialism with Chinese Characteristics for a New Era, and puts forward the principles of upholding and strengthening the overall leadership under the Communist Party of China, adhering to the scientific guidance of XI Jinping Thought on the Rule of Law, accomplishing the core task of economic development and serving the overall interests of the country, fostering virtue through education and cultivating talent with both moral quality and legal literacy, following the objective law, and integrating the underlying tenets of Marxism with China’ s realities and the fine traditional Chinese culture, thus establishing the principles for the new development of legal education and legal theory research in the new era. It proposes to strengthen top-level design and strategic arrangements, promote the reform and improvement of the law school system, accelerate the improvement of the legal education system, and innovatively develop the legal theory research system. Therefore, a new development landscape for legal education and legal theory research in the new era has been established. The Opinions clearly stipulates the leadership system, management system, and coordination mechanism for legal education and legal theory research, and creates a new development system for legal education and legal theory research in the new era.
Journal Article
The Importance of Comparative Law for the Development of Contemporary Law
2025
Comparative law is a distinct discipline in the framework of legal sciences that deals with the study, examination, and legal comparison of different legal systems to identify similarities and differences between them and better comprehend the typology of contemporary legal systems worldwide. In addition, comparative law helps to deepen the understanding of legal principles and institutions of different states, offering a broad transnational perspective on how legal systems function and affect different societies. A state can adapt and apply successful models in its national context through the comparative study and analysis of legal solutions adopted in other countries. The legal comparison of different legal systems can improve, reform, and modernize national legislation.
Journal Article
Advancing the Chinese Legal System Through Inheriting Excellent Traditional Chinese Legal Culture
by
WANG Limin
in
Chinese legal system, legal history, rule of law construction, legal culture
,
Coercion
,
Colleges & universities
2023
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
2023
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