Legal System (legal + system)

Distribution by Scientific Domains


Selected Abstracts


Arbitrage and Abuse of Rights in the EC Legal System

EUROPEAN LAW JOURNAL, Issue 3 2008
Pierre Schammo
Its aim is to explain the concepts, describe their relationship and identify the legal and policy issues which they raise within the EC legal system. Arbitrage and abuse figure prominently in the ECJ's case-law, especially on the freedom of movement. In its more recent case-law, the ECJ has adopted a more developed approach to abuse of rights by laying down a two-prong test. This article seeks to draw legal and policy conclusions by examining inter alia the virtues and vices of the EC doctrine of abuse of rights. [source]


Articulating the Nexus of Politics and Law: War in Iraq and the Practice within Two Legal Systems

INTERNATIONAL POLITICAL SOCIOLOGY, Issue 1 2008
Philip Liste
Does law rule foreign affairs in the democratic state? Basically, one might expect that democratic executives operate on the ground of what is called the Rechtsstaat, and that in a political system with checks and balances operations,especially those eventually dropping out of that ground,are subject to judicial review. However, legal systems are more often than not willing to abstain from a legal governance of its countries' foreign policy,because of "political reasons." Moreover, democracies obviously vary according to their legal operations. At least in the area of foreign affairs, the relationship of democracy and law does not take up a necessary character. Facing this contingency, the article engages in the discursive construction of a politics and law nexus in the course of the operations of two legal systems, in the United States and Germany. For that reason, it will proceed by deconstructing two legal decisions related to the war in Iraq. Building upon the premise that legal practices are intertwined into a larger web of (legal) text, the article argues that the possibility of a judicial abstention in cases bearing reference to foreign policy issues depends on meaning produced in the course of the signification and positioning of discursive elements like "politics" and "law." Thus, speaking law is a politico-legal practice. [source]


The Relationship between Legal Systems and Economic Development: Integrating Economic and Cultural Approaches

JOURNAL OF LAW AND SOCIETY, Issue 2 2002
Amanda J. Perry
This paper seeks to demonstrate the need to bridge the gap between the economic and culture-based approaches to two issues which are fundamental to the debate over the relationship between legal reform and economic development: (a) the relative importance which economic actors around the world place on the legal system and (b) the core components of an effective legal system, as defined by those economic actors. It first outlines the major tenets of current economic legal reform policy, focusing on its underlying assumption that the perceptions and expectations of economic actors around the world do not vary significantly. Data from Geert Hofstede's study of variance in cultural values are then analysed in order to demonstrate how cultural values might affect private sector perceptions and expectations of legal systems as supporters of material progress. It concludes that there is a clear need for a more interdisciplinary approach to the debate over the relationship between legal reform and economic development, and the potential variance in private sector perceptions and expectations of legal systems in particular. Such an approach might be initiated through a systematic integration of existing data and theory from each discipline, reinforced by a new multi-country survey. [source]


The Problematic Role of Lawyers in the Creativity and Innovation Process

CREATIVITY AND INNOVATION MANAGEMENT, Issue 4 2000
James Tunney
In the literature on creativity and innovation management, the role of law is often peripheral. There is an urgent need to inject law into creativity and innovation management discourse. However there is a deeper reflexive need. Legal systems are in urgent need of reform and repair. They urgently need input from people who genuinely understand about creativity and innovation management in relation to the operation of overall systems. This is a call for a greater dialogue between creativity management and the legal establishment. [source]


Precautionary Maybe, but What's the Principle?

JOURNAL OF LAW AND SOCIETY, Issue 3 2005
The Precautionary Principle, the Public Domain, the Regulation of Risk
The ,precautionary principle', originating in the field of environmental protection but now widely applied, is a major point for discussion in the regulation of risk. Though promising proactive and pre-emptive intervention to prevent potentially irreversible harm, its precise meaning remains somewhat unclear. Legal systems tend to view it as procedural rather than substantive, and debates abound regarding its ,stronger' or ,weaker' versions and, indeed, the very concept of ,risk'. It is also necessary to discuss how the principle operates in varying administrative and constitutional contexts but the key task is to clarify the principle's fundamental value base. If its essentially collective orientation is highlighted, it may better ensure that democratic and non-pecuniary interests are given due prominence in regulatory contexts otherwise dominated by economic interests and technological imperatives, and it may then play an important role in reasserting the values of the public domain in the face of powerful private interests. [source]


Capital Investment and Earnings: International Evidence

CORPORATE GOVERNANCE, Issue 5 2009
Ahmet Can Inci
ABSTRACT Manuscript Type: Empirical Research Question/Issue: We examine the nature of the dynamic linkage (causality) between earnings and capital investment using firm-level data from around the world to see whether the legal environment, including corporate governance and monitoring mechanisms, and financial development are important in the profitability of capital investment. Research Findings/Insights: Using firms in 40 countries over the period 1988,2004, we find that the causality from earnings to capital investment is positive and strong in almost all countries, irrespective of the type of legal system and the degree of financial development. However, the causality from capital investment to earnings is generally negative for firms in civil law and financially undeveloped countries, while the causality is generally positive in common law and financially developed countries. Therefore, our international cross-country study enables us to find that the legal system and financial development are factors in the determination of the profitability of capital investment. Theoretical/Academic Implications: Our findings imply that internal financing is a significant constraint for capital investment, which provides support for the pecking order theory even for financially developed markets and for the free cash flow theory. Common law and financially developed countries tend to provide better shareholder protection with more efficient corporate governance and better investment decisions. Practitioner/Policy Implications: To encourage managers to make capital investments in value-increasing projects, it is important to further improve a legal environment that includes corporate governance, monitoring, and incentive mechanisms. Financial development that includes effective financial regulatory agencies should be sought. [source]


Why Adopt Codes of Good Governance?

CORPORATE GOVERNANCE, Issue 1 2008
A Comparison of Institutional, Efficiency Perspectives
ABSTRACT Manuscript Type: Empirical Research Question/Issue: Given the global diffusion and the relevance of codes of good governance, the aim of this article is to investigate if the main reason behind their proliferation in civil law countries is: (i) the determination to improve the efficiency of the national governance system; or (ii) the will to "legitimize" domestic companies in the global financial market without radically improving the governance practices. Research Findings/Insights: We collected corporate governance codes developed worldwide at the end of 2005, and classified them according to the country's legal system (common or civil law). Then, we made a comparative analysis of the scope, coverage, and strictness of recommendations of the codes. We tested differences between common law and civil law countries using t-tests and probit models. Our findings suggest that the issuance of codes in civil law countries be prompted more by legitimation reasons than by the determination to improve the governance practices of national companies. Theoretical/Academic Implications: The study contributes to enriching our knowledge on the process of reinvention characterizing the diffusion of new practices. Our results are consistent with a symbolic perspective on corporate governance, and support the view that diffusing practices are usually modified or "reinvented" by adopters. Practitioner/Policy Implications: Our results support the idea that the characteristics of the national corporate governance system and law explain the main differences among the coverage of codes. This conclusion indicates the existence of a strong interplay between hard and soft law. [source]


Drug classification: science, politics, both or neither?

ADDICTION, Issue 7 2010
Harold Kalant
ABSTRACT Governments currently classify illicit drugs for various purposes: to guide courts in the sentencing of convicted violators of drug control laws, to prioritize targets of prevention measures and to educate the public about relative risks of the various drugs. It has been proposed that classification should be conducted by scientists and drug experts rather than by politicians, so that it will reflect only accurate factual knowledge of drug effects and risks rather than political biases. Although this is an appealing goal, it is inherently impossible because rank-ordering of the drugs inevitably requires value judgements concerning the different types of harm. Such judgements, even by scientists, depend upon subjective personal criteria and not only upon scientific facts. Moreover, classification that is meant to guide the legal system in controlling dangerous drug use can function only if it is in harmony with the values and sentiments of the public. In some respects, politicians may be better attuned to public attitudes and wishes, and to what policies the public will support, than are scientific experts. The problems inherent in such drug classification are illustrated by the examples of cannabis and of salvinorin A. They raise the question as to whether the classification process really serves any socially beneficial purpose. [source]


Knowledge, trust and recourse: imperfect substitutes as sources of assurance in emerging economies

ECONOMIC AFFAIRS, Issue 1 2001
Bruce L. Benson
Uncertainty prevents voluntary interactions, but institutions of trust and/or recourse can substitute for knowledge by making promises relatively credible. Trust and various sources of recourse are imperfect substitutes, however, as demonstrated by consideration of the trade-offs between trust based on repeated dealings, recourse to informal private sanctions such as reputation threats, ostracism sanctions and third-party dispute resolution through formal commercial organizations operating under customary law, and the state's coercive legal system. The problems of knowledge and interest imply that, though not perfect, private sources of trust and recourse are superior in emerging markets to state-provided recourse. [source]


A Nolan Committee for the German ethics infrastructure?

EUROPEAN JOURNAL OF POLITICAL RESEARCH, Issue 5 2002
Nathalie Behnke
An international trend towards establishing and conforming standards of ethical behaviour in the public sector has repeatedly been stated. Germany, however, remains surprisingly reluctant to adopt such recommendations. This article argues that the likelihood of German decision makers implementing new, and especially soft, ethics measures depends on the demand for such measures, on the one hand, and their supply, on the other. The analysis shows that contradictory forces have an impact on Germany. The demand for new ethics measures is relatively low as a high level of hard ethics measures incorporated in the longstanding formal legal system of rules and regulations make the implementation of new measures seem unnecessary. Also, the demand for soft ethics measures is less marked in Germany than in the United Kingdom. This comparatively weak pressure meets the natural inertia caused by cognitive and institutional path,dependency in institutional choices of political decision makers. On the other hand, external bodies (such as the Organisation for Economic Cooperation and Development , OECD) provide blueprints for soft ethics measures and encourage the implementation of uniform standards across countries. Which of these forces will prevail in the long run, however, cannot be deduced from the present situation. [source]


Taking Language Seriously: An Analysis of Linguistic Reasoning and Its Implications in EU Law

EUROPEAN LAW JOURNAL, Issue 4 2010
Elina Paunio
This article discusses legal reasoning at the European Court of Justice (ECJ). The following questions are addressed. First, the authors look at the way linguistic arguments are used in ECJ case-law. Second, they consider whether the requirements of legal certainty, and more specifically that of predictability, may be fulfilled by reference to linguistic arguments in a multilingual legal system. The theoretical starting-point is that of open-endedness of language: no means exists to definitely pin down the meaning of words. Defining the meaning of words in a legal context is necessarily a matter of choice involving evaluative considerations. Consequently, when the ECJ uses linguistic arguments to justify a decision, it is an active agent choosing the meaning of words in a specific case. Essentially, the authors argue that legal reasoning based on linguistic arguments is particularly problematic from the viewpoint of legal certainty and predictability. In this respect, the key importance of systemic and teleological argumentation is emphasised in assuring convincing, acceptable and transparent legal reasoning especially in the context of multilingual EU law. [source]


Arbitrage and Abuse of Rights in the EC Legal System

EUROPEAN LAW JOURNAL, Issue 3 2008
Pierre Schammo
Its aim is to explain the concepts, describe their relationship and identify the legal and policy issues which they raise within the EC legal system. Arbitrage and abuse figure prominently in the ECJ's case-law, especially on the freedom of movement. In its more recent case-law, the ECJ has adopted a more developed approach to abuse of rights by laying down a two-prong test. This article seeks to draw legal and policy conclusions by examining inter alia the virtues and vices of the EC doctrine of abuse of rights. [source]


Legal Pluralism and the European Union

EUROPEAN LAW JOURNAL, Issue 3 2006
N. W. Barber
It claims that a legal system is pluralist when it contains inconsistent rules of recognition that cannot be legally resolved from within the system. The first part of the article sets out the model, demonstrating why it requires a departure from the classical accounts of law advanced by writers such as Hart and Kelsen. The second half applies this model to actual legal orders: first, to Rhodesia during the crisis of 1965, and then to the legal orders of the European Union. It is argued that there are interesting and important points of similarity between the two. [source]


Decentralisation and Integration into the Community Administrations: A New Perspective on European Agencies

EUROPEAN LAW JOURNAL, Issue 4 2004
Edoardo Chiti
The purpose of this paper is to verify whether the various regulations by sector ought not to be regarded as variants of an emergent general model of joint exercise of certain Community functions. It is argued that such general model is still in the making, but it is in the process of becoming consolidated, notwithstanding the variety of approaches adopted by European legislators. Such a pattern is characterised by specific, differentiated organisational and procedural features. This conclusion is relevant in several different ways, the first of which is that it provides new conceptual tools for interpreting and explaining the process of administrative integration between supranational and national public authorities, in particular by specifying the taxonomy of the patterns through which a Community function can be carried out by two different authorities acting jointly. Second, the decentralised integration model should be considered as a sound and feasible option for the administrative evolution of the Community legal system. [source]


SPERM DONOR OR THWARTED FATHER?

FAMILY COURT REVIEW, Issue 2 2009
HOW WRITTEN AGREEMENT STATUTES ARE CHANGING THE WAY COURTS RESOLVE LEGAL PARENTAGE ISSUES IN ASSISTED REPRODUCTION CASES
In recent years, the use of assisted reproduction has risen dramatically in the United States, allowing individuals who face various reproductive challenges, including infertility or absence of a heterosexual partner, to conceive biological children. While assisted reproduction has expanded to meet the needs of these parents, the legal system remains years behind, often leading to complicated child custody disputes between the parties. State legislatures have responded to the call for increased regulation of legal parentage in assisted reproduction in varying ways, although one popular statutory approach requires a known sperm provider to preserve his intention to parent in a written agreement with the woman. This article will argue that written agreement statutes are an effective means for resolving parentage disputes because of their ability to protect pre-insemination intent and encourage private ordering of conflicts among the parties. These issues will be explored through the lens of a recent case decided by the Kansas Supreme Court, In Re K.M.H., where the court enforced a written agreement statute against a sperm provider despite his equal protection and due process challenges. [source]


IMPROVING THE ENFORCEMENT OF RESTRAINING ORDERS AFTER CASTLE ROCK V. GONZALES*

FAMILY COURT REVIEW, Issue 2 2007
Mandeep Talwar
After the U.S. Supreme Court's decision in Castle Rock, reliance on domestic violence restraining orders does not offer the solution in and of itself. Our legal system needs to provide greater protection for victims of domestic violence. This note explores ways to use risk assessment tools to augment restraining orders, in addition to examining integrated domestic violence courts that take a proactive approach to aiding victims of abuse. [source]


INDIVIDUAL AND COPARENTING DIFFERENCES BETWEEN DIVORCING AND UNMARRIED FATHERS

FAMILY COURT REVIEW, Issue 3 2003
Implications for Family Court Services
The current study examines differences in demographic characteristics, parental conflict, and nonresidential father involvement between divorcing and unmarried fathers with young children. Participants were 161 families (36 unmarried) with children aged 0 to 6 years, involved in a larger longitudinal study of separating and divorcing families. Baseline data were gathered from parenting plans, court databases, and parent reports. Results indicated that unmarried fathers were younger, more economically disadvantaged, less well educated, less likely to have their children living with them, and had less influence on decision making. Unmarried fathers reported more conflict regarding their attempts to be involved with their children in their day-to-day activities. Understanding these unique characteristics and dynamics will help to maximize effective services in the legal system for unmarried couples. [source]


MANAGING PLACE AND IDENTITY: THE MARIN COAST MIWOK EXPERIENCE

GEOGRAPHICAL REVIEW, Issue 1 2002
JENNIFER SOKOLOVE
ABSTRACT. Group identity serves as a mechanism for claiming rights of control and access to land in the United States. Public land managers face myriad identity-based claims to land in their care. Identity shapes claims that must appear valid within the strictures of a legal system created by a dominant culture to serve its interests. The very form of those systems,of which public lands are a large part,makes possible the expression of particular forms of identity. The story of the Coast Miwok community and the Point Reyes National Seashore suggests that geographical links among identity, landscape, and history are actively constructed through political work and rarely are as obvious as they first appear. Both the formal legal process of federal tribal recognition and restoration and the far less formal Coast Miwok claims to land at Point Reyes National Seashore teach important lessons about neotraditional identity-based claims to public land. [source]


Privatization and the Courts: How Judicial Structures Shaped German Privatization

GOVERNANCE, Issue 4 2001
Mark Cassell
This article examines how legal institutional structures shaped the process of East German privatization by the Treuhandanstalt. It argues that the courts, as an important venue for oversight and accountability, were central to achieving the rapid and narrowly defined privatization carried out by the agency. Moreover, the experience of privatization after 1989 suggests the courts played a far more important role in shaping economic policy than one would have expected from traditional scholarship on public agencies, the courts, or the German legal system. [source]


Elder Self-Neglect and the Justice System: An Essay from an Interdisciplinary Perspective

JOURNAL OF AMERICAN GERIATRICS SOCIETY, Issue 2008
Marie-Therese Connolly JD
Elder self-neglect is a complex issue for the legal system,one not always easily distinguished from other types of elder abuse, neglect, and exploitation. The issue inherently implicates several disciplines, and although self-neglect is not prosecuted per se, prosecutions of other types of elder abuse, neglect, and exploitation may affect self-neglect as well. In addition, other types of legal intervention, such as guardianship actions, may serve to protect vulnerable older people, but it is critical to ensure that such interventions do not inappropriately infringe on the older person's civil liberties or result in exploitation or worse. There are daunting challenges to doing work in this field,death; ageism; medical, legal, and ethical complexities; and a chronic paucity of funding. It is nevertheless imperative that researchers expand their efforts to elucidate the nature and scope of elder self-neglect; its interplay with other forms of abuse, neglect, and exploitation; and the most effective mechanisms for intervention and prevention. Such efforts, and in particular interdisciplinary approaches to these common problems, are critical to improving care for the nation's older people and assisting millions of families and practitioners. [source]


Corporate Governance in India

JOURNAL OF APPLIED CORPORATE FINANCE, Issue 1 2008
Rajesh Chakrabarti
The Indian corporate governance system has both supported and held back India's ascent to the top ranks of the world's economies. While on paper the country's legal system provides some of the best investor protection in the world, enforcement is a major problem, with overburdened courts and significant corruption. Ownership remains concentrated and family business groups continue to be the dominant business model, with significant pyramiding and evidence of tunneling activity that transfers cash flow and value from minority to controlling shareholders. But for all its shortcomings, Indian corporate governance has taken major steps toward becoming a system capable of inspiring confidence among institutional and, increasingly, foreign investors. The Securities and Exchanges Board of India (SEBI), which was established as part of the comprehensive economic reforms launched in 1991, has made considerable progress in becoming a rigorous regulatory regime that helps ensure transparency and fair practice. And the National Stock Exchange of India, also established as part of the reforms, now functions with enough efficiency and transparency to be generating the third-largest number of trades in the world, just behind the NASDAQ and NYSE. Among more recent changes, the enactment of Sarbanes,Oxley type measures in 2004,which includes protections for minority shareholders in family- or "promoter"-led businesses,has contributed to recent increases in institutional and foreign stock ownership. And while family- and government-controlled business groups continue to be the rule, India has also seen the rise of successful companies like Infosys that are free of the influence of a dominant family or group and have made the individual shareholder their central governance focus. [source]


Protection, manipulation or interference with relationships?

JOURNAL OF COMMUNITY & APPLIED SOCIAL PSYCHOLOGY, Issue 5 2008
Discourse analysis of New Zealand lawyers' talk about supervised access, partner violence
Abstract Violence against women within the context of intimate relationships is a complex social problem in Aotearoa/New Zealand and internationally. Such abuse by men is particularly problematic because of its prevalence, and because of the extent and magnitude of deleterious effects on the health and psychological well-being of women and children. In New Zealand, the legal system is assumed to play an important role in protecting women and children from domestic violence. Through the Domestic Violence Act 1995 and the amended Guardianship Act 1968, persons who are physically, sexually or psychologically abusive to their children, or to their partner whilst children are present, may only be entitled to supervised access to these children. Although supervised access has been found to increase the safety of women and children, it remains a contentious issue. Because of the role that legal professionals have in the implementation of relevant legislation, the present research explored how lawyers make sense of supervised access in the context of domestic violence. Eighteen male and female lawyers were interviewed. Their interview transcripts were then subject to discourse analysis. This paper illustrates and discusses discourses used in relation to supervised access, including those that support protecting children from the harm of domestic violence through supervised access, and those that challenge the need for children's protection. Within the cluster of latter discourses, supervised access was not considered a means of balancing children's relationships with both parents with children's need for protection, or a way of enabling men to have a safe relationship with their children. Rather, it was constructed as violating men's rights to a relationship with their children, and children's right to a relationship with both parents. The prevalence of discourses opposing supervised access could affect the likelihood of women obtaining protection orders and supervised access conditions, and hence, women and children's safety. However, perpetuation of ,supportive' discourses could enhance women and children's well-being, and facilitate safe ongoing relationships between children and non-custodial parents. Copyright 2008 John Wiley & Sons, Ltd. [source]


The Vanishing Trial: An Examination of Trials and Related Matters in Federal and State Courts

JOURNAL OF EMPIRICAL LEGAL STUDIES, Issue 3 2004
Marc Galanter
This article traces the decline in the portion of cases that are terminated by trial and the decline in the absolute number of trials in various American judicial fora. The portion of federal civil cases resolved by trial fell from 11.5 percent in 1962 to 1.8 percent in 2002, continuing a long historic decline. More startling was the 60 percent decline in the absolute number of trials since the mid 1980s. The makeup of trials shifted from a predominance of torts to a predominance of civil rights, but trials are declining in every case category. A similar decline in both the percentage and the absolute number of trials is found in federal criminal cases and in bankruptcy cases. The phenomenon is not confined to the federal courts; there are comparable declines of trials, both civil and criminal, in the state courts, where the great majority of trials occur. Plausible causes for this decline include a shift in ideology and practice among litigants, lawyers, and judges. Another manifestation of this shift is the diversion of cases to alternative dispute resolution forums. Within the courts, judges conduct trials at only a fraction of the rate that their predecessors did, but they are more heavily involved in the early stages of cases. Although virtually every other indicator of legal activity is rising, trials are declining not only in relation to cases in the courts but to the size of the population and the size of the economy. The consequences of this decline for the functioning of the legal system and for the larger society remain to be explored. [source]


Courts and contract enforcement in transition agriculture: theory and evidence from Poland

AGRICULTURAL ECONOMICS, Issue 2-3 2004
Volker Beckmann
Abstract The paper investigates theoretically and empirically the role of courts for contract enforcement in transition agriculture. In a survey of 306 Polish farmers conducted in 1999, only 38.5% respondents reported to believe that they could use courts to enforce contracts with their most important customer. Furthermore, those who believed the legal system could be used would accept significant financial losses before taking action. We develop a theoretical model, based on the costs and benefits of court enforcement, which captures the boundary between contracts to be regarded as ,enforceable' and ,not-enforceable' and, simultaneously, the threshold of taking legal action. The empirical analysis strongly supports our model: (1) the farmers' responses can be explained by cost-benefit calculations regarding the use of courts, (2) the legal ,enforceability' of contracts depends not only on the efficiency of the legal system but also on the attributes of the transaction, the contracts and the relationship between buyer and seller and (3) the threshold of taking legal action is significantly influenced by indirect costs of court enforcement, such as the disruption of a valuable business relationship, and by the availability of alternative enforcement mechanisms. [source]


Eyewitness testimony and perceived credibility of youth with mild intellectual disability

JOURNAL OF INTELLECTUAL DISABILITY RESEARCH, Issue 7 2004
M. Peled
Abstract Background Individuals with intellectual disability (ID) are more vulnerable to abuse compared to individuals without disabilities yet have limited access to the legal system. This study examined perceived credibility of youth with mild intellectual disability (MID) who provide courtroom testimony. Method Participants, 187 undergraduates, were asked general questions about credibility. They also read eyewitness testimony and answered questions about a particular witness's credibility. Half the participants were informed that the youth has MID [chronological age (CA) 15 years, mental age (MA) 10 years] and the others were informed that the youth is a typically developing 10-year-old. Results When participants were asked general questions about credibility they rated 15-year-olds with MID (MA 10 years) as less credible than typically developing 15-year-olds and as less credible than typically developing 10-year-olds. However, when participants read eyewitness testimony and answered questions about a particular witness's credibility, no statistically significant differences were found between participants who were informed that the witness was a 15-year-old with MID (MA 10 years) and those who were informed that the witness was a typically developing 10-year-old. Conclusions The present study provided a preliminary investigation of perceived credibility of witnesses with MID and suggests directions for future research in this area. [source]


A Comparison Between One-Tier and Two-Tier Board Structures in France

JOURNAL OF INTERNATIONAL FINANCIAL MANAGEMENT & ACCOUNTING, Issue 3 2010
Benedicte Millet-Reyes
French companies operate in a unique environment characterized by the strong involvement of block shareholders such as families and banks. Furthermore, the French legal system allows firms to choose between a one-tier or a two-tier board structure. This study investigates whether this choice can affect the firm's operating and stock performance. Our regression results provide strong evidence that ownership and board structures are used together as corporate governance tools. In particular, the agency cost of debt is strongly affected by their interaction when institutional investors are also bank lenders. Our test results show that while family control has a negative impact on corporate governance, French institutional blockholders play a positive role as monitors of one-tier structures. In contrast, they are more likely to misuse the two-tier board system by promoting interlocked directorship, board opacity and their own interests as creditors. Our regression analysis reveals that foreign institutional investors do not have any impact on firm performance, regardless of board structure. Finally, we do not find any inverse relationship between board size and efficiency in France. [source]


Affirmative Action: A German Perspective on the Promotion of Women's Rights with Regard to Employment

JOURNAL OF LAW AND SOCIETY, Issue 1 2006
Anke J. Stock
This paper discusses affirmative action policies in Germany. After German reunification, women from both east and west had hoped for a new codification of their rights, including positive obligations on the state to promote gender equality. However, the amendments to the Basic Law in November 1994 did not clearly endorse this approach. Opinions still differ as to whether Articles 3(2) and 3(3) of the Constitution allow for affirmative action with regard to women's employment. In 2001 quotas for the public employment sector were finally introduced, but the use of quotas for private sector employment still faces serious opposition. Nevertheless, the concept of affirmative action is not new to the German legal system: since the eighteenth century, quota schemes have been used to ensure the employment of (war-) disabled persons. This article examines the different approaches to employment quotas for women and disabled persons, and critically evaluates the reasons for divergence. [source]


Demonstrably Awful: The Right to Life and the Selective Non-Treatment of Disabled Babies and Young Children

JOURNAL OF LAW AND SOCIETY, Issue 4 2004
Janet Read
Twenty-five years ago it was common practice to bring about the deaths of some children with learning disabilities or physical impairments. This paper considers a small number of landmark cases in the early 1980s that confronted this practice. These cases illustrate a process by which external forces (social, philosophical, political, and professional) moved through the legal system to effect a profound change outside that system , primarily in the (then) largely closed domain of medical conduct/practice. These cases are considered from a socio-legal perspective. In particular, the paper analyses the reasons why they surfaced at that time, the social and political contexts that shaped the judgments, and their legacy. [source]


The Relationship between Legal Systems and Economic Development: Integrating Economic and Cultural Approaches

JOURNAL OF LAW AND SOCIETY, Issue 2 2002
Amanda J. Perry
This paper seeks to demonstrate the need to bridge the gap between the economic and culture-based approaches to two issues which are fundamental to the debate over the relationship between legal reform and economic development: (a) the relative importance which economic actors around the world place on the legal system and (b) the core components of an effective legal system, as defined by those economic actors. It first outlines the major tenets of current economic legal reform policy, focusing on its underlying assumption that the perceptions and expectations of economic actors around the world do not vary significantly. Data from Geert Hofstede's study of variance in cultural values are then analysed in order to demonstrate how cultural values might affect private sector perceptions and expectations of legal systems as supporters of material progress. It concludes that there is a clear need for a more interdisciplinary approach to the debate over the relationship between legal reform and economic development, and the potential variance in private sector perceptions and expectations of legal systems in particular. Such an approach might be initiated through a systematic integration of existing data and theory from each discipline, reinforced by a new multi-country survey. [source]


From the Autopoiesis to the Allopoiesis of Law

JOURNAL OF LAW AND SOCIETY, Issue 2 2001
Marcelo Neves
This article discusses the empirical limits of the concept of autopoiesis of law in world society today. The argument is based principally on observation of the problems of reproduction of the legal system in ,peripheral countries'. The central thesis of the article is that, in the countries of ,peripheral modernity' the reproduction of the legal system is blocked by a wide variety of social factors, in such a way that one can speak more of the allopoiesis than the autopoiesis of law. Beginning with a biological concept, the article considers the sociological concept of autopoiesis, and then analyzes the concept of autopoiesis of law. Based on this theoretical parameter, the argument about the allopoiesis of law in the ,peripheral countries' is presented. Finally, the article returns to the central theme of the allopoiesis of law in ,peripheral countries' and points to the indications of a normative concept of autopoiesis of law in the theories of Niklas Luhmann and Gunther Teubner. [source]