Legal Compliance: Founding Elements of a Conception Based on Cultural Theory

2021 ◽  
pp. 1-35
Author(s):  
Andrea Kretschmann
Keyword(s):  
Field Theory ◽  
Cultural Theory ◽  
Sociology Of Law ◽  
Legal Compliance ◽  
Theoretical Concepts ◽  
Legal Studies ◽  
Starting Point ◽  
State Of Research ◽  
Compliance With The Law ◽  
Legal Sociology

Abstract The state of research on legal compliance in socio-legal studies is limited and partially outdated. Like theories on coercion, recognition, or legitimacy, notions around compliance with the law appear plausible in themselves. However, each of them hold only part of the explanation and yet they cannot be reconciled due to theoretical incompatibilities. Legal sociologists therefore speak of a theory gap regarding legal compliance. The following article takes on this research desideratum and attempts to formulate an alternative concept of legal compliance based on an entirely new terminology without, however, completely renouncing the previous findings of legal sociology. Relying on the above-mentioned theory gap alongside the introduction of this new terminology, I argue that it is possible to analyze legal compliance while heuristically integrating all previous theoretical concepts of its. As a starting point, the article draws on Bourdieu’s fragmentary sociology of law and, by extending it, proposes a larger practice and field-theory-based interpretation of compliance.

scholarly journals Systems Theory and Puzzles of Legal Culture

2012 ◽  
pp. 106-125 ◽  
Author(s):  
Jan Winczorek
Keyword(s):  
Systems Theory ◽  
Social Systems ◽  
Legal Culture ◽  
Second Order ◽  
General View ◽  
Sociology Of Law ◽  
Evolutionary Perspective ◽  
Structural Coupling ◽  
Theoretical Concepts ◽  
Legal Studies

Legal culture is a concept as central to legal studies and sociology of law as difficult to define. It aims to serve important theoretical needs but it is also responsible for some puzzles that trouble legal and socio-legal scholars. Some of them are quite famous: the puzzle of the nature of Japanese litigiousness, the puzzle of differing German and Dutch legal cultures, or, recently, the issue of cultural defence. Some are lesser known, like the multitude of courts’ adjudicating strategies in Poland’s allegedly unitary legal culture. The paper argues that the problems of such nature are a conceptual artefact, a result of objectifying understanding of legal culture as a phenomenon. It is stressed that in such studies more weight should be put on the immediate, procesual nature of investigated phenomena. In order to support these claims, conceptual machinery of systems theory is utilised. First, a general view of N. Luhmann regarding the notion of culture is accepted and applied to the idea of legal culture. Further it is demonstrated how the aims served by the notion of legal culture can be achieved by appealing to such theoretical concepts as structural coupling, first- and second- order observation, and above all – temporal nature of social systems. A general conclusion of the paper is that in the study of “legal culture” an evolutionary perspective is unavoidable.

scholarly journals Searching for elusive dark sectors with terrestrial and celestial observations

2021 ◽  
Vol 2021 (6) ◽  
Author(s):  
Roberto Contino ◽  
Kevin Max ◽  
Rashmish K. Mishra
Keyword(s):  
Field Theory ◽  
Broad Class ◽  
High Energy ◽  
Effective Field ◽  
Dark Sector ◽  
Minimum Requirement ◽  
Conformal Field ◽  
Starting Point ◽  
The Standard Model ◽  
Visible Sector

Abstract We consider the possible existence of a SM-neutral and light dark sector coupled to the visible sector through irrelevant portal interactions. Scenarios of this kind are motivated by dark matter and arise in various extensions of the Standard Model. We characterize the dark dynamics in terms of one ultraviolet scale Λuv, at which the exchange of heavy mediator fields generates the portal operators, and by one infrared scale ΛIR, setting the mass gap. At energies ΛIR « E « Λuv the dark sector behaves like a conformal field theory and its phenomenology can be studied model independently. We derive the constraints set on this scenario by high- and low-energy laboratory experiments and by astrophysical observations. Our results are conservative and serve as a minimum requirement that must be fulfilled by the broad class of models satisfying our assumptions, of which we give several examples. The experimental constraints are derived in a manner consistent with the validity of the effective field theory used to define the portal interactions. We find that high-energy colliders give the strongest bounds and exclude UV scales up to a few TeV, but only in specific ranges of the IR scale. The picture emerging from current searches can be taken as a starting point to design a future experimental strategy with broader sensitivity.

scholarly journals Colourful Poincaré symmetry, gravity and particle actions

2021 ◽  
Vol 2021 (8) ◽  
Author(s):  
Joaquim Gomis ◽  
Euihun Joung ◽  
Axel Kleinschmidt ◽  
Karapet Mkrtchyan
Keyword(s):  
Field Theory ◽  
Free Particle ◽  
Three Dimensional ◽  
Background Field ◽  
Quantum Field ◽  
Symmetry Factor ◽  
Starting Point ◽  
Poincaré Algebra ◽  
Poincaré Symmetry ◽  
Three Space

Abstract We construct a generalisation of the three-dimensional Poincaré algebra that also includes a colour symmetry factor. This algebra can be used to define coloured Poincaré gravity in three space-time dimensions as well as to study generalisations of massive and massless free particle models. We present various such generalised particle models that differ in which orbits of the coloured Poincaré symmetry are described. Our approach can be seen as a stepping stone towards the description of particles interacting with a non-abelian background field or as a starting point for a worldline formulation of an associated quantum field theory.

scholarly journals An explicit construction of the dimension-9 operator basis in the standard model effective field theory

2020 ◽  
Vol 2020 (11) ◽  
Author(s):  
Yi Liao ◽  
Xiao-Dong Ma
Keyword(s):  
Field Theory ◽  
Standard Model ◽  
Effective Field Theory ◽  
Equations Of Motion ◽  
Baryon Number ◽  
Explicit Construction ◽  
Effective Field ◽  
Starting Point ◽  
The Standard Model ◽  
Symmetry Relations

Abstract We investigate systematically dimension-9 operators in the standard model effective field theory which contains only standard model fields and respects its gauge symmetry. With the help of the Hilbert series approach to classifying operators according to their lepton and baryon numbers and their field contents, we construct the basis of operators explicitly. We remove redundant operators by employing various kinematic and algebraic relations including integration by parts, equations of motion, Schouten identities, Dirac matrix and Fierz identities, and Bianchi identities. We confirm counting of independent operators by analyzing their flavor symmetry relations. All operators violate lepton or baryon number or both, and are thus non-Hermitian. Including Hermitian conjugated operators there are $$ {\left.384\right|}_{\Delta B=0}^{\Delta L=\pm 2}+{\left.10\right|}_{\Delta B=\pm 2}^{\Delta L=0}+{\left.4\right|}_{\Delta B=\pm 1}^{\Delta L=\pm 3}+{\left.236\right|}_{\Delta B=\pm 1}^{\Delta L=\mp 1} $$ 384 Δ B = 0 Δ L = ± 2 + 10 Δ B = ± 2 Δ L = 0 + 4 Δ B = ± 1 Δ L = ± 3 + 236 Δ B = ± 1 Δ L = ∓ 1 operators without referring to fermion generations, and $$ {\left.44874\right|}_{\Delta B=0}^{\Delta L=\pm 2}+{\left.2862\right|}_{\Delta B=\pm 2}^{\Delta L=0}+{\left.486\right|}_{\Delta B=\pm 1}^{\Delta L=\pm 3}+{\left.42234\right|}_{\Delta B=\mp 1}^{\Delta L=\pm 1} $$ 44874 Δ B = 0 Δ L = ± 2 + 2862 Δ B = ± 2 Δ L = 0 + 486 Δ B = ± 1 Δ L = ± 3 + 42234 Δ B = ∓ 1 Δ L = ± 1 operators when three generations of fermions are referred to, where ∆L, ∆B denote the net lepton and baryon numbers of the operators. Our result provides a starting point for consistent phenomenological studies associated with dimension-9 operators.

scholarly journals THE SOCIOLOGY OF LAW PERSPECTIVE ON CHILD PROTECTION AT THE SYAR’IYAH COURT IN ACEH

2021 ◽  
Vol 7 (1) ◽  
pp. 70
Author(s):  
Fajri M Kasim ◽  
Abidin Nurdin ◽  
Ridhwan Ridhwan
Keyword(s):  
Child Protection ◽  
Sociology Of Law ◽  
Court Decisions ◽  
Social Actors ◽  
Left Behind ◽  
Education And Health ◽  
The Social ◽  
Legal Sociology ◽  
Banda Aceh

This study aims to examine child protection at the Syar'iyah Court in Aceh from the perspective of the sociology of law. This research uses the study of legal sociology, which is an approach that views law as a tool to create order and order in society. The approach used is a case study of child protection in court decisions in Banda Aceh, Bireuen, and Lhokseumawe regarding child guardianship. Meanwhile, data collection techniques are literature studies and court decisions. This study concluded that the Syar'iyah Court in Banda Aceh granted guardianship rights to adult male siblings and to become guardians and take care of parental inheritance. In Bireuen, guardianship rights are given to the mother for a child because her father who has a pension salary is left behind. Whereas in Lhokseumawe, guardianship rights are also given to the mother while the living father is obliged to give one million per month and education and health costs. In addition, judges also become al-Qur’an, Hadith, and the opinions of the ulama as arguments in their decisions that are in accordance with the sociological characteristics of religion in Aceh. This shows that the Syar'iyah Court as part of the social system and judges as social actors have functioned to provide child protection so as to create order and order in society.

scholarly journals How Sociology Perspective Influence Law with a Social Contexts? A Book Review “Pokok-Pokok Sosiologi Hukum”, Prof Dr Soerjono Soekanto SH MA, Rajawali Pers, 269 Pages, ISBN 979-421-131-1

2021 ◽  
Vol 3 (2) ◽  
pp. 251-256
Author(s):  
Abraham Abraham
Keyword(s):  
Social Science ◽  
Social Factors ◽  
Social Contexts ◽  
Sociology Of Law ◽  
The Social ◽  
Patterns Of Behavior ◽  
The Law ◽  
Legal Sociology

sociology of law examines why humans obey the law and why it fails to obey the law and the social factors that influence it. as a relatively new branch of sociology, the science of legal sociology was developed to explain the interrelationships of patterns of behavior and law that cannot yet be explained by other branches of social science.

Does an Arbitrator’s Background Influence the Outcome of an Investor-State Arbitration?

2018 ◽  
Vol 17 (1) ◽  
pp. 18-48
Author(s):  
Rodrigo Polanco Lazo ◽  
Valentino Desilvestro
Keyword(s):  
Dispute Settlement ◽  
Personal Characteristics ◽  
Professional Background ◽  
Legal Studies ◽  
Decisive Influence ◽  
Starting Point

Abstract The goal of this article is to determine whether the background of an arbitrator could be considered as a determinant of case-outcomes in investor-state dispute settlement (ISDS). Using the existing literature on arbitrators’ bias and experience as a starting point, this study analyses several characteristics of arbitrators as part of their “background”, grouping them into two basic categories: ISDS experience (related to their previous involvement as arbitrator or member of an annulment committee in investor-state arbitration), and personal characteristics (including age, gender, language, nationality, background legal studies and professional background). Our research concludes that, with some exceptions, generally there does not seem to be a decisive influence between the arbitrator’s ISDS experience or personal characteristics in the outcome of an investor-state arbitration case.

French Influences on Germany’s Commercial Courts in the Nineteenth Century

2020 ◽  
Vol 88 (3-4) ◽  
pp. 469-494
Author(s):  
Thomas Vogl
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
Modern Literature ◽  
French Law ◽  
Present Contribution ◽  
Legal Situation ◽  
Starting Point ◽  
State Of Research ◽  
Further Development ◽  
Commercial Courts

Summary The present contribution explores the extent of influence which French law had on the development of Germany’s commercial courts in the nineteenth century. Modern literature describes this influence as marginal, yet without further proof. The author takes this state of research as a starting point to compare the Napoleonic legislation on commercial courts with the German commercial court systems of the nineteenth century. However, the present contribution will start with an overview of the German legal situation at the end of the eighteenth century. This is followed by an examination of whether French law was transferred to Germany during the French occupation of large parts of Germany at the beginning of the nineteenth century. Against this background it is possible to fully analyse the influence which French law had on the further development of German commercial courts.

Graph-Theoretical Indices based on Simple, General and Complete Graphs

2013 ◽  
pp. 11-26
Author(s):  
Lionello Pogliani
Keyword(s):  
Complete Graphs ◽  
Molecular Connectivity ◽  
Theoretical Concepts ◽  
General Chemical ◽  
Starting Point ◽  
Wide Range ◽  
Connectivity Indices ◽  
Core Electrons ◽  
Multiple Edges ◽  
Electrotopological State

Valence molecular connectivity indices are based on the concept of valence delta, d v, that can be derived from general chemical graphs or chemical pseudographs. A general graph or pseudograph has multiple edges and loops and can be used to encode, through the valence delta, chemical entities. Two graph-theoretical concepts derived from chemical pseudographs are the intrinsic (I) and the electrotopological state (E) values, which are the used to define the valence delta of the pseudoconnectivity indices, ?I,S. Complete graphs encode, through a new valence delta, the core electrons of any atoms in a molecule. The connectivity indices, either valence connectivity or pseudoconnectivity, are the starting point to develop the dual connectivity indices. The dual indices show that not only can they assume negative values but also cover a wide range of numerical values. The central parameter of the molecular connectivity theory, the valence delta, defines a completely new set of connectivity indices, which can be distinguished by their configuration and advantageously used to model different properties and activities of compounds.

The Intersection of Theory, Tools and Tasks in a Postgraduate Learning Environment

2009 ◽  
pp. 319-333
Author(s):  
Michal Zellermayer ◽  
Nili Mor ◽  
Ida Heilweil
Keyword(s):  
Learning Environment ◽  
Learning Environments ◽  
Teaching And Learning ◽  
Virtual Communities ◽  
Cultural Theory ◽  
Veteran Teachers ◽  
School Cultures ◽  
Theoretical Concepts ◽  
Learning And Teaching ◽  
Ict Tools

This chapter describes the learning environment that the authors created for veteran teachers, graduate students in Teaching and Learning who are interested in developing professionally as designers and moderators of Information Communication Technology (ICT) learning environments. It is based on the assumption that learners construct knowledge and understanding when they are an integral part of the learning environment, when they are members of local and global communities where learning is conceived as acquiring the necessary skills for participation through participation. The program is structured as three concentric circles in terms of ICT use. In the first, the teachers learn about constructivism and socio-cultural theory while they collaboratively investigate their own school cultures with the support of ICT tools. In the second, they expand their acquaintance with ICT tools and learning environments and further develop their skills for learning and teaching in such environments. In the third, they design and moderate E-Learning environments, document them and reflect on the process. This chapter describes the activities and tasks in each of these circles with illustrations of how the students respond to these tasks both as learners who interpret and evaluate information and theoretical concepts and as teachers of relevant virtual communities who reflect on their practice.

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