What Methods for Legal Innovation?

2021 ◽  
pp. 37-49
Author(s):  
Florian Imbert ◽  
Caroline Martin-Forissier
Keyword(s):  
Legal Innovation

Innovation in Energy Law and Technology

2018 ◽  
Keyword(s):  
Technological Innovation ◽  
Technology Development ◽  
Energy Sources ◽  
Market Demand ◽  
Energy Technologies ◽  
Law And Technology ◽  
Low Emission ◽  
Consumer Access ◽  
Legal Innovation ◽  
Energy Law

Technological and legal innovation have been central to energy development for centuries. Today’s era of accelerating change is transforming energy law. Disruption and change to established energy sources, supply, distribution, and energy consumer access is driven by legal innovations that, in turn, prompt or respond to technology. Interaction between legal and technological innovation is advancing the growing global effort to transition from high-carbon energy to low-energy or no-carbon energy—evidenced by the 2015 Paris Agreement on climate change and the growing market demand for carbon-free electricity. This global transition to low-emission energy sources allows nations to take advantage of emerging economic opportunities and facilitates new forms of energy technology development, energy distribution, and governance. But progress is uneven and concerns such as energy security are initiating technological innovation in many existing energy technologies. These authors from twenty-one nations examine relevant developments in global energy law triggered by these innovations.

When is positive action not positive action? Exploring the conceptual meaning and implications of the tie-break criterion in the UK Equality Act 2010

2014 ◽  
Vol 33 (1) ◽  
pp. 97-113 ◽  
Author(s):  
Nick Johns ◽  
Sara MacBride-Stewart ◽  
Martin Powell ◽  
Alison Green
Keyword(s):  
Empirical Support ◽  
Equality Of Opportunity ◽  
Equal Opportunities ◽  
Content Type ◽  
Positive Action ◽  
Legal Innovation ◽  
Positive Discrimination ◽  
The Uk ◽  
Conceptual Meaning ◽  
Practical Implications

Purpose – The purpose of this paper is to explore the claim that the tie-break criterion introduced under the Equality Act 2010 is not really positive action as is claimed by its government sponsors. It evaluates this claim by locating the tie-break into equal opportunities theory, taking into account merit considerations, and reviews its potential implications. Design/methodology/approach – A conceptual discussion of the tie-break. Findings – The paper concludes that the tie-break is not positive action, nor is it positive discrimination. It employs the framework established by Forbes (1991) and attempts to locate it in theoretical discussions of the need to refine merit to take identity characteristics into account. While it could serve to make a more sophisticated approach to merit possible it fails to achieve its implicit potential in this regard. Research limitations/implications – The paper is conceptual and will benefit from empirical support in the future. Practical implications – Practically, the tie-break promises to add some greater clarity to the muddled understanding of equal opportunities and diversity that underpins much policy and legislation. As a result it will arguably prove hard to implement and will carry other associated problems. Social implications – Socially, the tie-break, mis-represented as it currently is, promises to create greater uncertainty around the nature and purposes of equality of opportunity. Consequently, it could exacerbate tensions and hostilities and promote significant resistance to “equality” measures. Originality/value – This paper is an original conceptual piece that will shine a light on an important legal innovation. The tie-break is not what it is described to be and carries both potential and threat for advocates of equality of opportunity. In pursuing socially significant outcomes of this type, conceptual accuracy and transparency are vital, and this paper contributes to this endeavour.

Psychosoziale Prozessbegleitung im Strafverfahren

2021 ◽  
Author(s):  
Alexander Ilsner
Keyword(s):  
Legal Status ◽  
Legal Framework ◽  
Civil Procedure ◽  
Legal Institution ◽  
Criminal Proceedings ◽  
Legal Innovation ◽  
The Law

The legal status of victims of violent criminality has been in the spotlight during recent decades. The institutionalization of psychosocial assistance in criminal proceedings represents the temporary peak of this development. In this study, the author focuses on the legal innovation, analyzes it fundamentally (especially regarding the recently formulated § 406g StPO), and submits specific reform proposals correspondingly. This research includes four systematically structured chapters, which impart the essential features of the legal institution, elucidate the legal framework, and finally appoint considerations regarding its transfer into the law of civil procedure.

scholarly journals Risk and the fabrication of apolitical, unaccountable military markets: the case of the CIA ‘Killing Program’

2011 ◽  
Vol 37 (5) ◽  
pp. 2253-2268 ◽  
Author(s):  
ANNA LEANDER
Keyword(s):  
Blind Spot ◽  
Normal Part ◽  
Hybrid Nature ◽  
Political Reality ◽  
Security Markets ◽  
Regulatory Frameworks ◽  
Military Security ◽  
Legal Innovation ◽  
Innovative Thinking ◽  
Do So

AbstractThis article argues that risk is central in (re)producing the unaccountable commercial military/security markets that are a normal part of our political reality. The argument is twofold: first it is suggested that risk rationalities and the associated ‘preventive imperative’ has a depoliticising effect – accentuated by the impersonal spread of risk rationalities and the strategies of risk professionals – which lowers the eagerness to seek accountability. However, and second, depoliticisation is significant above all as a serious obstacle to the innovative thinking that is the sine qua non of effective accountability. The enmeshed, ‘hybrid’, nature of the market places it in the ‘blind spot’ of law and is as such fundamental to the current lack of accountability. Consequently, moving beyond established regulatory frameworks and technical understandings of accountability (that is, politicising the market) is a precondition for more effective accountability. Failing to do so, will leave the current rapid legal innovation impotent while reinforcing impunity as the focus on and confidence in established regulatory frameworks grows. The failure to politicise creates an ‘accountability paradox’ where the pursuit of accountability diminishes it. The article develops this argument with reference to Blackwater's (now Xe) role in the so called CIA ‘Killing Program’.

Medical innovation laws: an unnecessary innovation

2016 ◽  
Vol 40 (3) ◽  
pp. 282 ◽  
Author(s):  
Bernadette Richards
Keyword(s):  
Medical Treatment ◽  
Standard Of Care ◽  
Legal Framework ◽  
Policy Position ◽  
Medical Innovation ◽  
Legal Principles ◽  
Innovative Treatment ◽  
Legal Innovation ◽  
The Law ◽  
The Uk

Objective This paper aims to demonstrate that any suggestion that there is a need for specific innovation laws is flawed. Innovation is central to good medical practice and is adequately supported by current law. Methods The paper reviews the nature of medical innovation and outlines recent attempts in the UK to introduce specific laws aimed at ‘encouraging’ and ‘supporting’ innovation. The current legal framework is outlined and the role of the law in relation to medical innovation explored. Results The analysis demonstrates the cyclic relationship between medical advancement and the law and concludes that there is no requirement for specific innovation laws. Conclusions The law not only supports innovation and development in medical treatment but encourages it as central to a functioning medical system. There is no need to introduce specific laws aimed at medical innovation; to do so represents an unnecessary legal innovation and serves to complicate matters. What is known about the topic? Over recent months, there has been a great deal of discussion surrounding the law in the context of medical innovation. This was driven by the attempts in the UK to introduce specific laws in the Medical Innovation Bill. The general subject matter – negligence and the expected standard of care in the provision of treatment – is very well understood, but not in cases where the treatment can be described as innovative. The general rhetoric in both the UK and Australia around the Medical Innovation Bill demonstrates a lack of understanding of the position of the law with regards to innovative treatment. What does this paper add? This paper adds clarity to the debate. It presents the law and explains the manner in which the law can operate around innovative treatment. The paper asserts that medical innovation is both supported and encouraged by existing legal principles. What are the implications for practitioners? The paper presents an argument that can guide the policy position in this area. It also provides clarity around the legal position and expected standard of care for those who are introducing innovative medical treatment.

Legal Innovation and Communication

2021 ◽  
pp. 85-111
Author(s):  
Antoine Masson
Keyword(s):  
Legal Innovation

The Delinquent Daughter and Legal Innovation in Deuteronomy xxii 20-21

2008 ◽  
Vol 58 (2) ◽  
pp. 191-210
Author(s):  
Joseph Fleishman
Keyword(s):  
Delinquent Behavior ◽  
Legal Innovation ◽  
The Law ◽  
Severe Penalty

AbstractIn this article I attempt to demonstrate that the part of the law in Deut xxii 20-21, which concerns the sin and punishment of a daughter who harms the honor of her parents and their authority over her, includes a legal innovation. The girl's behavior is tantamount to cursing her father and mother, a crime punishable by death according to Exod xxi 17. The girl's delinquency while still in her father's house led to her loss of virginity; it undermined her parents' authority, and consequently she deserved that severe penalty. The new law in Deuteronomy significantly restricts the applicability of such a sentence. Only in cases where a daughter has 'cursed' her parents by delinquent behavior (as in Deut xxii 20-21) is she sentenced to death.

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