Political Business Cycles and Imprisonment Rates in Italy: Report on a Work in Progress

1987 ◽  
Vol 16 (1-2) ◽  
pp. 211-218 ◽  
Author(s):  
Dario Melossi
Keyword(s):  
Public Opinion ◽  
Business Cycles ◽  
Criminal Behavior ◽  
Common Law ◽  
Civil Law ◽  
Economic Conditions ◽  
Political Business Cycles ◽  
Work In Progress

Sociologists have shown the presence of statistically significant associations between changing economic conditions and rates of imprisonment in a number of countries characterized by common law systems. Furthermore, these associations do not seem to be mediated by changing rates of criminal behavior. This article considers the possibility that the same relationships exist in a civil law society, Italy, for the period 1896–1965. It then goes on to highlight an hypothesis and possible test to explain the nature of these associations, based on the intervening role of public opinion.

The Relationship between Disability Non-Discrimination Law and Quota Schemes

2019 ◽  
pp. 94-117
Author(s):  
Lisa Waddington
Keyword(s):  
Public Sector ◽  
Common Law ◽  
Civil Law ◽  
People With Disabilities ◽  
Public And Private ◽  
The Public ◽  
The Common ◽  
Public And Private Sector ◽  
The Relationship

This chapter explores the relationship between disability quota schemes and non-discrimination law in Europe. While at first sight they seem to sit uneasily beside each other, the chapter reveals how, in some instances, quota schemes can serve to facilitate compliance with non-discrimination legislation. At the same time, the chapter explores seeming incompatibilities between the two approaches and considers whether there are differences between common and civil law jurisdictions in this respect. Tentative conclusions suggest that there is a greater willingness to establish quota schemes through legislation in civil law jurisdictions compared to common law jurisdictions, and that quota schemes in civil law jurisdictions are more likely to provide for the imposition of a levy in the case that employers fail to meet their quota obligations through employing the required number of people with disabilities. There also seems to be some indication that there is greater awareness of the potential for conflict or tension, in various forms, between non-discrimination law and quota schemes in common law jurisdictions than in civil law jurisdictions. Finally, the two schemes operating in the common law states are only applicable to the public sector—whilst in civil law states quotas are generally applied to both public and private sector employers. This may indicate different perceptions regarding the role of public sector employers and the legitimacy of imposing quota requirements.

Rights and Methods to Challenge Evidence and Witnesses in Civil Law Jurisdictions

2019 ◽  
pp. 839-864
Author(s):  
Lorena Bachmaier
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Civil Law ◽  
Trial Courts ◽  
European Court ◽  
Rules Of Evidence ◽  
The Cross

This chapter examines the primary grounds for challenging the admissibility of evidence, the methods to do it, and the potential consequences of those challenges for civil law systems. It first provides an overview of the jurisprudence of the European Court of Human Rights (ECtHR) with respect to admissibility of evidence, before discussing the exclusionary rules of evidence, focusing on the methods for excluding unreliable evidence, irrelevant or unnecessary evidence, and illegally obtained evidence. It then considers the process for challenging the admissibility of evidence, the cross-examination of witnesses, and the role of trial courts in the questioning of witnesses. It also tackles the admissibility of out-of-court witness testimonies in European civil law systems and notes the convergence between common law and civil law systems with regard to methods for excluding evidence and for questioning witnesses.

The Place of the Prosecutor in Common Law and Civil Law Jurisdictions

2019 ◽  
pp. 138-163
Author(s):  
Katalin Ligeti
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Executive Power ◽  
Public Prosecutor ◽  
Prosecutorial Discretion ◽  
The Public ◽  
European Public ◽  
Institutional Positioning ◽  
Centralization And Decentralization

This chapter focuses on the place of the public prosecutor in common law and civil law jurisdictions. It first describes the institutional positioning of public prosecutors, particularly vis-à-vis the executive power, before discussing their role and powers in regard to the pretrial phase. It then considers the increasing tendency to entrust the public prosecutor with quasi-judicial sanctioning powers in the context of out-of-court procedures (“prosecutorial adjudication”). It also examines the role of specialized law enforcement authorities in the exercise of investigative and prosecutorial functions, coercive measures and the need for judicial authorization, and prosecutorial discretion and alternatives to trial proceedings. Finally, it explains how independence, centralization and decentralization, legality and opportunity of prosecution, and the alternatives to trial proceedings have been translated to the supranational design of the European Public Prosecutor’s Office (EPPO).

Wartime ties and the social logic of crime

2020 ◽  
Vol 57 (4) ◽  
pp. 536-550
Author(s):  
Sarah Zukerman Daly ◽  
Laura Paler ◽  
Cyrus Samii
Keyword(s):  
Criminal Behavior ◽  
Social Ties ◽  
Economic Conditions ◽  
Economic Opportunity ◽  
Opportunity Costs ◽  
Post Conflict ◽  
The Social ◽  
Social Logic ◽  
Original Survey

While ex-combatant reintegration is vital to successful transitions from war to peace, some former fighters turn to crime following demobilization. Such criminality undermines the consolidation of political order. Leading theories of crime participation emphasize the role of both individual economic opportunities and factors related to social ties. Yet, we still know little about the social logic of ex-combatant criminality and how social and economic factors relate as drivers of crime participation. This article presents a theory of how wartime social ties – namely, vertical ties to former commanders and horizontal ties to ex-combatant peers – influence ex-combatant crime on their own and via their relationship to economic opportunity costs. We use the theory to derive predictions in the context of Colombia, and then test them with a combination of administrative data and high-quality original survey data. We find that both vertical and horizontal wartime ties are powerful drivers of ex-combatant criminality. Our evidence indicates that wartime ties mitigate the risks of criminal behavior by facilitating the transmission of criminal capabilities and pro-crime social norms. We do not find that economic conditions moderate the effect of wartime times nor do we find any indication that economic opportunity costs, on their own, predict criminality. These findings underscore the importance of wartime ties – both vertical and horizontal – to understanding post-conflict transitions and designing reintegration interventions.

scholarly journals The role of social capital in the victimization risk against property: evidence from Brazil*

2019 ◽  
Vol 28 (2) ◽  
pp. 563-585
Author(s):  
Gustavo Carvalho Moreira ◽  
Ana Lucia Kassouf ◽  
Marcelo Justus
Keyword(s):  
Social Capital ◽  
Public Opinion ◽  
Latin American ◽  
Economic Model ◽  
Criminal Behavior ◽  
Criminal Activity ◽  
Probit Model ◽  
Mutual Benefit ◽  
Victimization Risk

Abstract The economic model of crime presupposes that individuals evaluate the decision to commit a crime rationally. A more inclusive version of this model would include social capital as a factor influencing criminal activity. The amount of social capital that exists within a group can be used to explain criminal behavior, and an increase in the level of social capital can be a factor capable of preventing crime. This study tests the hypothesis that increasing the level of social capital reduces the risk of victimization against property. Results from variations of an IV-Probit model were used to evaluate data from Latin American Public Opinion Project surveys conducted in Brazil. These results suggest that a higher level of social capital among individuals increases the likelihood that they will cooperate for mutual benefit, such as combating crime.

scholarly journals Admissibility of Lis Pendens in International Commercial Arbitration: A Comparative Insight of Different Legal Systems

2020 ◽  
Vol 13 (4) ◽  
pp. 134
Author(s):  
Ximei Wu ◽  
Abid Hussain Shah jillani
Keyword(s):  
Common Law ◽  
Effective Means ◽  
Civil Law ◽  
Deep Understanding ◽  
International Level ◽  
Legal Systems ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Domestic Level

An attempt has been made to investigate the role of the doctrine of Lis Pendens in international commercial arbitration while making a comparison of civil and common law traditions. Arbitration is regarded to be less painful and an effective means for resolving any type of commercial disputes. Sources of the law to investigate Arbitration's regulation on a national, institutional, and international level. However, it is known that the lis pendens doctrine has been rarely codified; thus, scholarly writings and case laws were consulted by the research for determining its adoption and content. It is important to note that the lis pendens is initially regarded as a tool, which has been developed to manage the proceedings of parallel court on a domestic level. The study concludes while arguing that when it comes to civil law tradition, lis pendens is regarded as an independent doctrine in international commercial arbitration since it shares the same claim of being tried in various forums simultaneously. In contrast, lis alibi pendens in the jurisdiction of common law is not known as a doctrine, but it is viewed as one of many factors whole applying the forum non-convenience principle. Both civil and common law need identity between various parties and their claims to constitute lis pendens in two proceedings, and therefore, they have a conform and deep understanding of the concept.

Part VI Providing and Obtaining Assistance, B Obtaining Assistance, 21 Judicial Cooperation Including Obtaining Evidence

2017 ◽  
Author(s):  
Peddie Jonathan
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Large Degree ◽  
Civil Procedure ◽  
Criminal Proceedings ◽  
Judicial Cooperation ◽  
Evidence Gathering ◽  
Criminal Matters ◽  
Over Time

This chapter argues that there is potential for conflict between common and civil law jurisdictions where the approach to preparation for trial, and through that the taking of evidence, differ to a large degree. In common law jurisdictions, where it is usual for private parties to be proactively involved in the evidence gathering process, it will not seem irregular for evidence to be taken by an agent of a foreign court for the purpose of proceedings on foot in that court. Such an approach may, however, offend the rules of civil law jurisdictions, where the obtaining of evidence, at least in criminal matters, is primarily the role of the judiciary. To address this potential for conflict, a number of pieces of legislation and bilateral and multilateral civil procedure conventions have evolved over time to facilitate official intervention in order to obtain cross-jurisdictional assistance in the gathering of evidence for the purpose of both civil and criminal proceedings. The various ways in which assistance may be sought by or obtained from the English courts are explored in this chapter.

scholarly journals Common Law Equity in a Civil Law Country

2013 ◽  
Vol 44 (3/4) ◽  
pp. 427
Author(s):  
A H Angelo ◽  
Ashleigh Allan
Keyword(s):  
Property Rights ◽  
Common Law ◽  
Civil Law ◽  
Civil Code ◽  
English Law

This article serves to introduce an aspect of current research related to the review of the Seychelles Civil Code and the important question of the role of trusts. The Civil Code is based on the Code Napoléon and has therefore no provision for the trust of English law. The Courts of Seychelles have, however, a statutory equitable jurisdiction. That jurisdiction has given rise to the question whether the trust of England may be able to operate in Seychelles. The prime area of discussion of this possibility has been in relation to the property rights of the parties to a failed concubinage relationship. This article focuses on that discussion. 

scholarly journals COMMON SENSE AND LINGUISTIC EXAMINATION IN DIFFERENT LEGAL SYSTEMS

2016 ◽  
pp. 214-219 ◽  
Author(s):  
A. D. Shmelev
Keyword(s):  
Common Law ◽  
Civil Law ◽  
United States Supreme Court ◽  
The United States ◽  
Linguistic Competence ◽  
National Language ◽  
Legal Systems ◽  
Federal Law ◽  
The Russian Federation

The paper discusses the role of linguistic examination in civil law and common law legal systems. It argues that while it is forensic linguistic expertise that often plays an important role in civil law systems, the lay people’s opinion is crucial in common law systems. It suggests that the best way to obtain adequate results for civil law systems (including the Russian legal system) is to combine the two approaches, that is, to make use of an expert linguistic analysis of the linguistic competence of lay speakers of the language in question. Various examples illustrate the point (among them the problems arising in civil suits of honor protection and business reputation defense as well as the famous “tomato case”, in which the United States Supreme Court addressed whether a tomato was classified as a fruit or a vegetable). In addition, the paper discusses vague wording and consequent difficulty of implementation of the “Federal Law on the National Language of the Russian Federation.”

The Keenest Condiments: the Spectrum of Experts Across Traditions in Construction Arbitration

2021 ◽  
Vol 3 (5) ◽  
pp. 103-123
Author(s):  
Giovanna Novis Pereira
Keyword(s):  
Common Law ◽  
Civil Law ◽  
The Other ◽  
Expert Witnesses ◽  
Expert Report ◽  
International Construction ◽  
Legal Traditions

This paper will explore the role of expert witnesses in international construction arbitration across legal traditions. The focus will be to highlight the differences between the two types of experts. For the purposes of this paper, we will draw a spectrum with two extreme examples of expert witnesses. On one extreme of the spectrum, there is the expert who makes a living out of expert work and thus is seen to be closer to the client. On the other extreme of the spectrum, there is the expert who is providing an opinion on something that is his or her life’s work, this expert might never have given an expert report before. Both ends of the spectrum are heavily criticized. The goal is to distinguish both sides of the spectrum, considering the aspects of Civil Law and Common Law traditions.

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